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Old 04-03-15 | 01:00 PM
  #23  
FBinNY
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Joined: Apr 2009
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From: New Rochelle, NY

Bikes: too many bikes from 1967 10s (5x2)Frejus to a Sumitomo Ti/Chorus aluminum 10s (10x2), plus one non-susp mtn bike I use as my commuter

I've asked both cops and my friend the judge about passing in no passing sections. Everyone agrees that crossing a double yellow to pass a stationary obstruction on the road is legal (subject to no cars approaching). The judge said that there was civil liability in the event of a head on, but that's different.

Then we covered children or a dog moving in the road, and both said it was legal. When it came to bicycles, it became grayer because bicycles are vehicles, but both agreed that if there were good sightlines and no oncoming traffic it OK (this may not mean legal). My cop friend mentioned, that though the bike situation hasn't come up yet, he's seen many cars passing constriction equipment or other very slow moving trucks, and would never considering issuing a ticket unless there were oncoming traffic.

But there's a problem because many drivers don't know whether it's legal or proper to move across a double yellow to pass a bicycle (when safe). This gives rise to unnecessary frustration for all parties. Also from what I've observed over the years, many drivers will crowd or move halfway over a double yellow (even with approaching traffic), but will not cross it completely (go figure).

IMO- it still boils down to common sense and courtesy, not necessarily the fine points of the vehicle code. The only time I get annoyed (more like shaking my head in wonder) is when people pass me crowding the center on a narrow road while there's an oncoming car. It works (so far) but would be so much better if they'd wait all of 2 seconds for the oncoming car to clear before starting the pass.
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