Old 10-11-11 | 03:50 AM
  #173  
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Bekologist
totally louche
 
Joined: Oct 2004
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From: A land that time forgot

Bikes: the ever shifting stable loaded with comfortable road bikes and city and winter bikes

Like I've mentioned, the only riders I'm familiar with that actually used the "abominable snowman" technique of uncompromising lane use have been repeatedly arrested, charged and convicted of reckless operation of a vehicle.

here's some excerpts from the judges' sentencing of one such 'righteous rider'.... trial transcript and not protected by fair use restrictions.....

Originally Posted by ennis county superior court

I’m sympathetic to the defendant’s blight. In fact, what he was doing was in many ways very admirable, trying to get a job, exercising every means at his disposal to try to regain gainful employment, and utilizing the resources that he had available to him at the time to provide that he had available to him at the time to provide for his own needs without relying upon other people. And so in many respects his conduct’s admirable. And in many respects, it’s lawful. As the parties were arguing and even some of the evidence earlier, trying to think of an example that might apply and I don’t know that this is a good example, but this is the one that came to mind, is that it’s not unlawful for a boy to swing a bat. In fact, it’s good for them, it’s good exercise, it’s good for them to participate in athletics and be in team sports and things of that nature.

But there are times when swinging a bat can become more dangerous, get into a crowded room or you get into circumstances, the swinging of the bat circumstances can change in such a way that if you put other people at peril even if you’re not at risk of being hurt, they might be injured by the way that you’re doing something that otherwise is completely lawful.

And there are times when it can even go beyond that where it’s reckless to where it could even be construed as knowing that there’s a high likelihood that somebody would get hurt if you continue that type of behavior and at some point, some people can infer by your conduct that you’re intentionally putting other people at risk, so that you could be accused of assault and even at times aggravated assault with a deadly weapon with a piece of wood that otherwise completely lawful to be utilizing. So there’s a spectrum there that has to be taken into consideration. And there needs to be good judgement utilized by people not only with regard to their own safety but to the safety of others. And you may be right. It may have been safer for you under some circumstances to ride in the middle of the roadway, but that doesn’t mean that it doesn’t create a hazard for other people at times. And it may even jeopardize your own safety under certain circumstances. You have to take into consideration the safety of other persons and their property under those circumstances."

"It appeared to be at least in the center of the roadway and at times, maybe even be closer to the center stripe for a portion of that time. I’m sympathetic with the fact that there’s not designated biking lanes on enough of our roadways to accommodate a bicycle traveler. It would certainly do a lot to relieve a lot of the concerns we have regarding numerous issues including, physical health, obesity, and consumption of oil and petroleum products. However, that’s not really part of the decision I’m making today.

Even though it may have been permissible for you to be in the right lane of traffic, operating the motor vehicle or your bicycle in the presence of motor vehicles, at this particular occasion, you were presenting a hazard to other vehicles. And you may not have been aware of it up until that point, but once the officers made you aware of the concerns that have been reported and the numerous calls that had been made regarding the circumstances on that day, for to you disregard that warning and return back into that same state of operating your bicycle in the presence of motor vehicles on that roadway on that day it constituted willful or wanton disregard for the safety of persons or property.

And so based on that, I am going to find you guilty of reckless driving."


Be reasonable in your choice of lane position. traffic laws do not allow riders to take ANY position relentlessly on a narrow two lane road, they allow riders to make reasonable decisions about moving away from the right hand side of the roadway.

And this is explicit in the traffic laws of most states. a rider can move away from the right side if reasonably necessary. Relentless operation of a bike in the left hand tire track of a 55mph two lane state highway with 'unshareable' lanes fails the reasonableness standard absent a compelling safety reason to be so far left. This 'reasonably necessary' clause is EXPLICIT in Florida and California statute regulating bike position on roadway, two states posters have misinterpreted the bike positioning laws as allowing any lane position without reasonable cause.

The interpretation bicyclists have no obligation to be reasonable in their lane position matches neither the spirit nor the letter of the law. I like the Texas judge's analaogy of swinging a bat. I like a chainsaw analogy better. you have the right to own and operate a chainsaw. you have the right to walk down a crowded sidewalk. you do not have the right to operate a chainsaw on a crowded sidewalk.

Ride smart, ride correctly (alt. ride the right way, or ride right) ride safely right and considerately when faster traffic wishes to overtake. Take the lane if needed, if a compelling and reasonable safety need demands it. (I always block lanes approaching narrow bridge decks)

Most, and likely ALL states allow partial lane passing of bicyclists. Some of the new vulnerable user-safe passing laws allow motorists to cross solid double yellow lines to pass cyclists. Safely.

Do not unduly and unreasonably obstruct partial lane changes to pass under a mistaken impression bicyclists need not be reasonable in their road position on two lane, highway speed roadways. if needed, take the lane and hold the lane for safety, if reasonably necessary to move away from the right to prevent unsafe passes.

Pre-emptively planting oneself on a bicycle and relentlessly operating in the left tire track of a 55 mph highway - even one with purportedly 'unsafe to share' lanes - oversteps the reasonableness standards that pervade traffic laws.

Reasonableness pervades bicyclists road positioning laws, as it does for making left hand turns. Riders in every state can take reasonable steps to prepare for a left turn. That doesn't mean bicyclists can take to the left side of the lane two miles before that left hand turn.

Last edited by Bekologist; 10-11-11 at 05:11 AM.
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