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Old 09-18-11, 05:31 PM
  #32  
BikeLawyer
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Ohio's "Practicable" statute

4511.55 in Ohio says this:
4511.55 Operating bicycles and motorcycles on roadway.
(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

(B) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

(C) This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.
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So Ohio doesn't have a "FRAP" ["far right as practicable"] but a "as near to the ride SIDE of the roadway as PRACTICABLE" law. Prior to 2006, section (C) was not in the law.

The word "practicable" is not defined. It is used frequently in many contexts and in many different statutes in Ohio law - some 230+ times. However, when you do a Lexis search, only 7 cases pop up citing 4511.55

I have always argued in "bike" cases that "practicable" does NOT mean "hug the white line" but means "safe and reasonable" - arguing that the Ohio legislature would not mandate a lane position that is not safe and reasonable.

The OHio Bicycle Federation pushed the addition of Section (C). We wrote it, and it became part of the Better Bicycling Bill, which was passed into law in 2006. Section (C) shows not "exceptions" but circumstances when "practicable" might mean taking more of the lane - or even taking the entire lane when the lane is too narrow. Thus, not an "exception" but factors which expand the concept of what can be considered "practicable."

So "FRAP" in Ohio is a dynamic concept. It can change foot by foot depending on conditions. A practicable place to ride can change on the same section of the same road day to day or hour by hour. A rain storm, shattered beer bottle, debris, gravel, pothole, parked car, etc can ALL be considered when determining if your lane position is safe and reasonable and, therefore, "practicable."

Steve Magas
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