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Old 10-21-11 | 01:57 AM
  #93  
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sudo bike
Bicikli Huszár
 
Joined: Jan 2010
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From: Fresno, CA

Bikes: '95 Novara Randonee

Originally Posted by AlmostTrick
So? Show me something in the vehicle code that allows for exceeding the speed limit.
Basic Speed Law

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Amended Ch. 252, Stats. 1963. Effective September 20, 1963.
While this is normally used to cite people driving too fast (but under the limit) in fog or rain, it has been used as cover for going over the speed limit, but the burden of proof is on you to show that it was not unsafe to do so. The only time I've heard this being invoked in this way is country roads with long sightlines, and I'm not saying this is the norm, just pointing out that this could technically be your "out".

I do agree with others that have made the point that it's generally accepted practice to stay right, even if you are going the speed limit, to allow faster traffic to pass on the left. Regardless of whether it is lawful to "speed", it creates an unsafe situation to go slower than the flow of traffic, especially in the left lane. This is embodied in 21656, which is more apt and one that SBRDude missed:

Turning Out of Slow-Moving Vehicles

21656. On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed. As used in this section a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.

Amended Ch. 448, Stats. 1965. Effective September 17, 1965.
It says nothing about speed limit, but the flow of traffic. This is definitely used to cite motorists even going the speed limit if they are not allowing faster "speeding" traffic to pass.


Note that this is California and a two-lane highway to boot, so doesn't even apply to this situation, but it somewhat establishes that it's common practice to stay right if slower than the traffic flow, regardless of speed. Further, I'm speaking to the general notion of keeping right; I don't think the OP was riding unreasonably. Generally keeping right is good practice on freeways and open highways, but I don't think there is any such expectation on urban streets; there's too many options for left turns to expect that.

Last edited by sudo bike; 10-21-11 at 02:04 AM.
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