Old 04-29-15, 02:14 PM
  #125  
genec
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Originally Posted by noglider
Yet oddly, with our worse-looking laws, conditions seem better in NY than they are in NJ. Much better to my eyes. I lived in NJ from 1987 through 2013. NJ has some good new laws but a lot of catching up to do in facilities.

When a shoulder is full of debris, I'll consider it impassable, so I won't use it. The law seems to allow me to make that judgment call.
The thing I don't really like about the NY law is this:
Upon all roadways, any bicycle or in-line skate shall be driven either on a usable bicycle or in-line skate lane or, if a usable bicycle or in-line skate lane has not been provided, near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder...
There is nothing in that statement that says "practicable." It says "near the right-hand curb or edge of the roadway." That means you are supposed to hug the curb... or at least that is how it can be interpreted.

I did like this:

in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions...
First in bold, it gives priority to cyclists over the flow of other traffic when cyclists are to make a left turn... thus the law recognizes that there are times when cyclists may delay others.

And of course there is the usual "exception clause," regarding the use of BL in the first place... however, like all other "exception clauses" it is up to the cyclist to determine that which others may not anticipate as being "a condition." That is where court cases will come in... that is where your "judgement call" goes up against the judge and others that are strictly motorists... OUCH.
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