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Old 02-25-08 | 06:33 PM
  #17  
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ChipSeal
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Joined: Mar 2007
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From: South of Dallas, Texas

Bikes: Giant OCR C0 road

Originally Posted by hotbike
The Snowplow has the "right" to use the road? How about "the Snowplow has the 'duty' to plow the road"? ...(Snip)...

The snowplow driver has the assigned duty to plow the road. It's not his right, it's his duty.
The dispute is not over whether the road should be plowed, or whether cyclists should abandon the roadway at the sight of a snowplow. This fuss is about the dereliction of the snowplow driver's duty to pass with due care.

Suppose a pedestrian were standing on the road, should a snowplow pass within inches of them too?

The driver is assigned the lesser duty of removing snow. His greater duty, both legally and morally, is to pass other road users (when necessary) in a safe manner.
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