Originally Posted by
John Forester
Look, skullface, it is very obvious that you have some personal grudge to advance in this discussion. However, the statute was written to prohibit the acts of the motor-racing people, and nobody else. However, again, as you have been told, the statute was written in such a careless way that its wording included cyclists. As I have written for decades about this statute in various states, its wording makes it unlawful for a cyclist to ride hard to get to work on time. But, however, again, we haven't seen a rash, not a one that I've ever heard of, of prosecutions of cyclists under this statute. That indicates that any prosecutor would find it difficult to get a conviction under this statute, when he would have a much easier time to prosecute any of the other violations had he seen them. Should I suggest that you, skullface, are hoping for means of prosecuting traffic offenses that offend you but are not observed by the police?
I got no personal grudge in this, oh avatarless one. Mere curiosity regarding the rules of the road and how they apply to cyclists. Like I said before, I was curious enough about the Rye NH situation that I actually looked at the laws, and lo-and-behold, they were actually breaking numerous laws, while getting all indignant that they were being pulled over.
Car commuters trying to make time are usually not considered racers; cyclists commuting to work should likewise not be considered racers. Both may break other laws, but not racing. OP and the thread I quoted from was regarding groups of riders, not individual cyclists. There's no rash of people being charged with this kind of thing because for the most part, people, especially cyclists, don't race on the street enough or in ways which cause problems and attract upon them the tender ministrations of Law Enforcement.
Those engaging in unsanctioned competition on the road are certainly racing, as defined by statute. And per your own admission, "...the statute was written in such a careless way that its wording included cyclists." It could certainly be applied to cyclists riding competitively in a group, not based on the way you think things should be, but by the way things are actually written in statute.
A prosecutor probably wouldn't actually see any violations -- usually it's the cops who do that. But who knows -- maybe this has been examined by state prosecutors or DAs and it has trickled down to police that they will not try cyclists regarding racing statutes and that's why competitive street riders are not being ticketed for such. I mean, even blatant all-out races, marketed as races, don't attract that kind of citation. Or maybe cops just can't be bothered knowing the letter of the law any better than most.
Who knows. Your implication that I am "...hoping for a means of prosecuting traffic offenses that offend me but are not observed by the police?" is not only incorrect, but also completely unfounded.
Whether any of this applies to the OP would be determined by state MV/Bicycle statute in that particular state.