Originally Posted by
valencia
It's late and I'm too tired to look it up right now but, as a cyclist, don't I have a right to the whole lane? More specifically- let's say I'm traveling in the right of two lanes. Most cyclist hug the right side of the right lane - thus encouraging drivers to pass within the same lane, but, don't cyclists have the right to go down the middle of that lane?(with more than one lane) In that case (and maybe even the prior), wouldn't it be illegal for a driver to pass within the same lane? Shouldn't he be required to change lanes to pass just as he would if he were passing a motorcyclist?
Per Texas Transportation code, sort of. So there's a part in there about passing safely, but it doesn't define moving out of the lane to pass, just doing so at a "safe distance" and moving back to the right after they "safely clear" the other vehicle (TX Transportation Code, Section 545.053). This is for passing not just cyclists but other cars as well. So there's nothing specific about moving over a whole lane.
About the cyclist taking the lane, the cyclist is supposed to stay as far to the right "as practicable," with some exceptions. Turning left counts as an exception. Getting away from roadway debris counts as an exception. But the one that best fits "taking the lane" is at then end of exceptions. When there's more than one lane going each way, the cyclist can essentially take the lane when the lane is less than 14 feet across and has no bike lane, or is not wide enough for a car and bike to ride safely side by side. I have yet to find a road that I would ride on that has 14 ft wide lanes (TX Transportation Code, Section 551.103). Maybe I'm not mentally measuring them accurately though. As always, your mileage may vary. Each officer has their own sense of cycling applicable law.
Good luck. Personally, I take the lane when and wherever I can.