Old 12-05-13, 11:15 AM
  #26  
turbo1889
Transportation Cyclist
 
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Location: Montana U.S.A.
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The tickets against him (last I heard) were dismissed.

He did loose on some of his assertions, the main one being that he didn't ever have to ride FRAP because of the safety exception on the grounds that riding FRAP is always more dangerous then taking the lane. (At least that is the attitude I got from his web-site and the articles I've read.)

But it is also true that he was at least in a good enough position to be possible of winning some of the other points for the municipal authorities to be offering him a settlement on them. With a settlement we will never know for sure if he could have won any of the others.

I would certainly agree that without a lane width exception in that states FRAP law unless you try to argue a case that the entire law should because of a lack of a lane width exception that it really isn't a matter for the case but it is a matter that has been brought up in this thread including specific width numbers being discussed.

As to the ability to safely ride the shoulder edge in question on the road in question, at least in the summary judgement on multiple points before the main trial 60+ pager I read whether that shoulder edge was an acceptable alternative or not was not specifically addressed. Rather the judges decision was only that IF it was then the way the law of that state was worded the cyclist did have to use it to allow overtaking motorists to pass. Last I know on this that if part was still open for the main trial and not settled in the initial ruling on clearly stated that if it was then the cyclist would be in violation for not using it when there was faster traffic trying to pass him from behind.

From what I saw in his videos he posted in some places I would myself personally consider sections of that shoulder edge ride-able and I would have been using it accordingly. Other sections I would agree with the cyclist and I personally would not consider safely ride-able except as an emergency escape situation and would ride accordingly not on the those sections of the shoulder edge but rather taking the lane like he did. But it is also true that the laws where I ride in my home state and a couple neighboring ones are far better then the laws in his state and that is a factor to consider when deciding how to ride.
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