Practicable/possible definition
#26
Recreational Commuter
Join Date: Apr 2006
Location: Central Ohio
Posts: 1,024
Bikes: One brand-less build-up, and a Connondale Synapse Carbon Ultegra Disc. A nicer bike than I need, but it was a good deal, so... ;-)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 7 Post(s)
Likes: 0
Liked 5 Times
in
3 Posts
The definition cited by the OP isn't bad. Here's what my dictionary has to say:
practicable: 1) that which can be done or put into practice, feasible; 2) that can be useful
possible: 1) what can be, what is capable of existing; 3) that can be done, known, selected
practicable: 1) that which can be done or put into practice, feasible; 2) that can be useful
possible: 1) what can be, what is capable of existing; 3) that can be done, known, selected
#27
One speed: FAST !
Join Date: Dec 2005
Location: Ft. Lauderdale FL
Posts: 3,375
Bikes: Ebay Bikes... =)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
I found this one to...
Originally Posted by FL Statutes
(b) Left turn.--The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. A person riding a bicycle and intending to turn left in accordance with this section is entitled to the full use of the lane from which the turn may legally be made. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
#28
Devilmaycare Cycling Fool
Join Date: Aug 2001
Location: Wynnum, Australia
Posts: 3,819
Bikes: 1998 Cannondale F700
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Exactly right. I hope you stay clear of the door zone when there are no cars there as well.
#29
Banned.
Join Date: Mar 2005
Location: San Diego
Posts: 13,075
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
The fact that it's a nonsensical legal argument makes me think that it's nonsense-- and I don't need a dictionary to know what practicable means.
You can twist the words all you want, but you're still required to ride as far to the right as practicable, and a practicable distance is a fluid concept, dependent upon the time, place, and conditions then existing-- it is most definitely not a rigid concept, as you (and some misinformed law enforcement officers and prosecutors) are attempting to make it. And if you insist on twisting the words to make "practicable" fit your ideological agenda, don't be surprised to find yourself on the losing end of that argument in court-- no judge, and no jury, will believe that a "practicable distance" means that you must ride at the same distance from the curb when cars aren't parked there as you must ride when cars are parked there.
You can twist the words all you want, but you're still required to ride as far to the right as practicable, and a practicable distance is a fluid concept, dependent upon the time, place, and conditions then existing-- it is most definitely not a rigid concept, as you (and some misinformed law enforcement officers and prosecutors) are attempting to make it. And if you insist on twisting the words to make "practicable" fit your ideological agenda, don't be surprised to find yourself on the losing end of that argument in court-- no judge, and no jury, will believe that a "practicable distance" means that you must ride at the same distance from the curb when cars aren't parked there as you must ride when cars are parked there.
But now that you put it that way, I think the term implies both a rigid and a fluid component. I think that an as far right as practicable distance implies a rigid/non-fluid minimum distance that applies at all times, plus additional fluid distance as determined by the circumstances/conditions. For example, it may be possible and even practical to ride in the 2' wide gutter pan in a given situation, but it's never as far right as practicable to ride in the gutter pan. That is, a cyclist is never legally required to ride in the gutter pan (that would be further right than the rigid minimum component). Similarly, I don't think a cyclist (or any driver of a slow moving vehicle) is ever legally required to ride in the "parking zone" of a street.
Speaking of "space", that's a fourth reason to ride farther from the curb: to have more lateral maneuvering space to adjust for and avoid potential hazards.
Originally Posted by Helmet Head
Are you suggesting that cyclists (and drivers of slow moving vehicles who are also legally contrained by the "as far right as practicable" language) are legally required to ride in the area where cars park whenever cars happen to not be parked there?
The door zone is arguably the gray area between the fluid and rigid aspects of the meaning of the term in the context of a street on which onstreet parallel parking is allowed. Many people (including LEOs) think cyclists are required to ride in the door zone even when cars are parked there (after all, the law requires drivers to check before opening their doors - so the legal onus is on them). I think most of us here can agree to disagree with that interpretation (though while some of us reached this position without actually getting doored, others may require experiencing an actual dooring before realizing this). But when the street is clear of parked cars for, say, at least 10 seconds ahead of the cyclist, I can agree that it is practicable to ride within the door zone, but I still say further right (in the space actually occupied by parked cars when they are there) is arguably not practicable, and is certainly further right than the "3 feet to the right of overtaking traffic" often recommended for being a reasonable compromise between accommodating overtaking traffic and safety (per at least the 4 reasons cited above).
Last edited by Helmet Head; 03-24-08 at 12:46 PM.
#30
Senior Member
Join Date: May 2005
Posts: 7,274
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 2 Times
in
2 Posts
Riding as close as practicable to the right doesn't mean that you must weave in and out, rigidly following a curb-hugging line, weaving in when a parking slot is open, and weaving out when a car is parked. Instead, the practicable distance in that case would be a more or less straight line a safe distance to the left of the parked cars.
If you've got a street that has parked cars weekdays, and on the Sunday when you ride, there are no parked cars, the practicable distance changes to take into account the fact that there are no parked cars on the street that day.
But at the same time, every piece of bike safety literature I've ever seen says you aren't supposed to weave in and out parked cars, so if you're riding a safe distance from parked cars and you come upon an area of the road for 1/2 a block or so where there are no cars parked, but 1/2 block up there are parked cars, you should hold your line a safe distance from where the parked cars are/were and will be again shortly.
https://www.dot.wisconsin.gov/safety/...ycle/rules.htm
Bikesafer
Jeff
https://www.dot.wisconsin.gov/safety/...ycle/rules.htm
Bikesafer
Jeff
#31
Banned.
Join Date: Mar 2005
Location: San Diego
Posts: 13,075
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
That's right.
Riding as close as practicable to the right doesn't mean that you must weave in and out, rigidly following a curb-hugging line, weaving in when a parking slot is open, and weaving out when a car is parked. Instead, the practicable distance in that case would be a more or less straight line a safe distance to the left of the parked cars.
If you've got a street that has parked cars weekdays, and on the Sunday when you ride, there are no parked cars, the practicable distance changes to take into account the fact that there are no parked cars on the street that day.
I agree (see above).
Riding as close as practicable to the right doesn't mean that you must weave in and out, rigidly following a curb-hugging line, weaving in when a parking slot is open, and weaving out when a car is parked. Instead, the practicable distance in that case would be a more or less straight line a safe distance to the left of the parked cars.
If you've got a street that has parked cars weekdays, and on the Sunday when you ride, there are no parked cars, the practicable distance changes to take into account the fact that there are no parked cars on the street that day.
I agree (see above).
Certainly the practicable distance changes whether parked cars are present or not. We agree riding in the parking zone is not practicable when the cars are parked there, and, I suspect, we agree that it is not practicable to ride in the door zone when the cars are there. The issue is whether riding in the parking zone is practicable when cars are not parked there. Relative to where vehicular traffic is flowing and expected to be, riding in the unoccupied parking zone is arguably too far right to be practicable (for at least the 4 reasons cited in the John E portion of my previous post), but riding in the "door zone" (when no cars are parked) is probably fine.
#32
Arizona Dessert
Join Date: Jun 2004
Location: AZ
Posts: 15,030
Bikes: Cannondale SuperSix, Lemond Poprad. Retired: Jamis Sputnik, Centurion LeMans Fixed, Diamond Back ascent ex
Mentioned: 76 Post(s)
Tagged: 0 Thread(s)
Quoted: 5345 Post(s)
Liked 2,169 Times
in
1,288 Posts
As many of you already know, this is not language used only for the 'far right' rule for bicycles. It applies to motor vehicles as well:
https://www.azleg.state.az.us/ars/28/00721.htm
"B. On all roadways, a person driving a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive the vehicle in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway."
The word practicable is used in 26 different transportation laws in AZ:
https://www.azleg.state.az.us/SearchR...edStatutes.asp
Al
https://www.azleg.state.az.us/ars/28/00721.htm
"B. On all roadways, a person driving a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive the vehicle in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway."
The word practicable is used in 26 different transportation laws in AZ:
https://www.azleg.state.az.us/SearchR...edStatutes.asp
Al
#33
Senior Member
Join Date: May 2005
Posts: 7,274
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 2 Times
in
2 Posts
In this thread? Countering your nonsensical legal interpretation with the correct legal interpretation about what "practicable" means. I thought that should have been obvious.
Consider a road on which on street parallel parking is allowed. My interpretation of "as far right as practicable" is that you're not required to ride where cars can be parked just because they happen to not be there at that moment. It's not practicable to ride there, though it may be practical on that Sunday morning, because you can't ride there when cars are parked there.
But now that you put it that way, I think the term implies both a rigid and a fluid component. I think that an as far right as practicable distance implies a rigid/non-fluid minimum distance that applies at all times, plus additional fluid distance as determined by the circumstances/conditions. For example, it may be possible and even practical to ride in the 2' wide gutter pan in a given situation, but it's never as far right as practicable to ride in the gutter pan. That is, a cyclist is never legally required to ride in the gutter pan (that would be further right than the rigid minimum component). Similarly, I don't think a cyclist (or any driver of a slow moving vehicle) is ever legally required to ride in the "parking zone" of a street.
What a "practicable distance" does imply, however, is both a subjective and an objective determination of what that "practicable distance" is, based upon the time and place and conditions then existing. You, the rider, must make a subjective determination about what that practicable distance is. If you're cited or involved in an accident, the judge and/or jury must make an objective determination about what that practicable distance is, based upon an objective "reasonable person" standard-- that is, what would a "reasonable person" have done at that time and place and under the conditions then existing?
Accordingly, no reasonable person would hug the curb so closely that pedal strike is a constant danger; no reasonable person would ride where being doored is a constant danger, no reasonable person would ride through road surface hazards, and no reasonable person would ride to the left of an imaginary line of parked cars on a Sunday morning when there are no parked cars.
Last edited by Blue Order; 03-24-08 at 01:08 PM.
#34
I drink your MILKSHAKE
Join Date: Jul 2002
Location: St. Petersburg, FL
Posts: 15,061
Bikes: 2003 Specialized Rockhopper FSR Comp, 1999 Specialized Hardrock Comp FS, 1971 Schwinn Varsity
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 3 Times
in
3 Posts
Personally, I like the door analogy.
#35
Arizona Dessert
Join Date: Jun 2004
Location: AZ
Posts: 15,030
Bikes: Cannondale SuperSix, Lemond Poprad. Retired: Jamis Sputnik, Centurion LeMans Fixed, Diamond Back ascent ex
Mentioned: 76 Post(s)
Tagged: 0 Thread(s)
Quoted: 5345 Post(s)
Liked 2,169 Times
in
1,288 Posts
The on street parking...
If painted as on street parking I think most reasonable drivers would not travel in it even when there are no parked cars.
A reasonable/courteous cyclist may temporarily move right into that space if there was a faster vehicle behind them and there were no present dangers in moving temporarily into the parking spaces.
If not painted as on street parking, but still permitted, then it is ambiguous if the space when unused for parking is travel lane or not. If no parked cars for a considerable distance, then a reasonable driver may travel anywhere within that unmarked lane.
Al
If painted as on street parking I think most reasonable drivers would not travel in it even when there are no parked cars.
A reasonable/courteous cyclist may temporarily move right into that space if there was a faster vehicle behind them and there were no present dangers in moving temporarily into the parking spaces.
If not painted as on street parking, but still permitted, then it is ambiguous if the space when unused for parking is travel lane or not. If no parked cars for a considerable distance, then a reasonable driver may travel anywhere within that unmarked lane.
Al
#37
Bike ≠ Car ≠ Ped.
But, if someone's driving in a parking lane, they're either delivering newspapers or they're drunk/high/whatever.
#38
Banned.
Join Date: Mar 2005
Location: San Diego
Posts: 13,075
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Yeah, drunk/high/whatever, or Blue Order riding a bike.
#39
Banned.
Join Date: Mar 2005
Location: San Diego
Posts: 13,075
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Well, I can see how you got that impression, but you were way off the mark.
Another way to understand the "rigid/non-fluid minimum distance" is as far right as you are required to ride when no particular circumstances/conditions happen to apply, which is usually going to be significantly further left than the closest distance to the right that it's "possible" to ride.
What a "practicable distance" does imply, however, is both a subjective and an objective determination of what that "practicable distance" is, based upon the time and place and conditions then existing. You, the rider, must make a subjective determination about what that practicable distance is. If you're cited or involved in an accident, the judge and/or jury must make an objective determination about what that practicable distance is, based upon an objective "reasonable person" standard-- that is, what would a "reasonable person" have done at that time and place and under the conditions then existing?
Accordingly, no reasonable person would hug the curb so closely that pedal strike is a constant danger; no reasonable person would ride where being doored is a constant danger, no reasonable person would ride through road surface hazards, and no reasonable person would ride to the left of an imaginary line of parked cars on a Sunday morning when there are no parked cars.
Accordingly, no reasonable person would hug the curb so closely that pedal strike is a constant danger; no reasonable person would ride where being doored is a constant danger, no reasonable person would ride through road surface hazards, and no reasonable person would ride to the left of an imaginary line of parked cars on a Sunday morning when there are no parked cars.
I would add, however, that when both the subjective and objective determinations are made, that the condition-independent "rigid/non-fluid minimum distance" be considered as well as any additional condition-specific fluid distance that may apply.
#40
Senior Member
Join Date: May 2005
Posts: 7,274
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 2 Times
in
2 Posts
You've got a road with curb that's available for parking. Perhaps there are even painted lines on the asphalt to indicate parking spaces. Perhaps not. It's a Sunday morning, and nobody is parked there. A golf cart, or a tractor, or a farm combine, or a driver cruising at 5 MPH while looking for an address, is traveling along the road. The state has a slow-moving vehicle statute on the books, that requires slow-moving vehicles to travel as close as practicable to the right curb. Do you believe that statute means that the driver of the slow-moving vehicle must use the travel lane, simply because cars park next to the curb on weekdays?
#41
Bike ≠ Car ≠ Ped.
The travel lanes are based off of the center line, not the curb.
#42
Banned.
Join Date: Mar 2005
Location: San Diego
Posts: 13,075
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
You've got a road with curb that's available for parking. Perhaps there are even painted lines on the asphalt to indicate parking spaces. Perhaps not. It's a Sunday morning, and nobody is parked there. A golf cart, or a tractor, or a farm combine, or a driver cruising at 5 MPH while looking for an address, is traveling along the road. The state has a slow-moving vehicle statute on the books, that requires slow-moving vehicles to travel as close as practicable to the right curb. Do you believe that statute means that the driver of the slow-moving vehicle must use the travel lane, simply because cars park next to the curb on weekdays?
I don't believe that the statute means that he must use the travel lane, but I also don't believe that it means that he must use the (unoccupied) parking lane, or that it prohibits him from using the travel lane (as long as he is "as far right as practicable").
The law requires at least "as far right as practicable" - it doesn't allow him to be further left (assuming faster same direction traffic is present and no other exceptions apply), but it does not preclude him from being even further right (including using the parking lane, if it is safe and reasonable to do so at that time). But just because it happens to be safe and reasonable to use the parking lane at that time, does not mean it's practicable to use the parking lane. To be practicable, it has to be something that can be put into practice, which means it's a normal/usual condition, not an exceptional condition. An empty parking lane is, arguably, an exceptional condition.
#43
Banned.
Join Date: Mar 2005
Location: San Diego
Posts: 13,075
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
That's a good point, but we're talking about what the law requires of cyclists and drivers of slow moving vehicles, and those laws are written in terms of "as close as practicable to the right-hand curb or edge of the roadway".
#45
Senior Member
Join Date: May 2005
Posts: 7,274
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 2 Times
in
2 Posts
Again, nonsense. Practicable means that which can reasonably be accomplished under the circumstances. There's no requirement that it be repeatable at all times and all places. It is what can reasonably be accomplished at the time and the place and under the conditions then existing.
#46
Senior Member
Join Date: May 2005
Posts: 7,274
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 2 Times
in
2 Posts
the practicable distance is the "rigid/non-fluid minimum distance" plus any fluid additional distance that may be allowed as determined by the circumstances/conditions.
Another way to understand the "rigid/non-fluid minimum distance" is as far right as you are required to ride when no particular circumstances/conditions happen to apply, which is usually going to be significantly further left than the closest distance to the right that it's "possible" to ride.
Another way to understand the "rigid/non-fluid minimum distance" is as far right as you are required to ride when no particular circumstances/conditions happen to apply, which is usually going to be significantly further left than the closest distance to the right that it's "possible" to ride.
Don't get used to it.
#47
I drink your MILKSHAKE
Join Date: Jul 2002
Location: St. Petersburg, FL
Posts: 15,061
Bikes: 2003 Specialized Rockhopper FSR Comp, 1999 Specialized Hardrock Comp FS, 1971 Schwinn Varsity
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 3 Times
in
3 Posts
Again, nonsense. Practicable means that which can reasonably be accomplished under the circumstances. There's no requirement that it be repeatable at all times and all places. It is what can reasonably be accomplished at the time and the place and under the conditions then existing.
#48
Senior Member
Thread Starter
Join Date: Jul 2006
Location: Ky. and FL.
Posts: 3,944
Bikes: KHS steel SS
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
You guys are going to confuse me again.
If I understand what some of you are saying, then my policemans' description would be----It is possible to stand behind a door, and practicable to stand behind a door as long as there is no threat that the door will be opened while you are there.-----
If I understand what some of you are saying, then my policemans' description would be----It is possible to stand behind a door, and practicable to stand behind a door as long as there is no threat that the door will be opened while you are there.-----
#49
Banned.
Join Date: Mar 2005
Location: San Diego
Posts: 13,075
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Again, nonsense. Practicable means that which can reasonably be accomplished under the circumstances. There's no requirement that it be repeatable at all times and all places. It is what can reasonably be accomplished at the time and the place and under the conditions then existing.
But then existing does not apply to the static aspect. That is, regardless of the circumstances, you are never required to ride further right than as far right as you are required to ride under normal circumstances.
And if normal circumstances includes cars parked in the parking lane, then the static aspect of as close as practicable to the right is to the left of the parking lane.
#50
Devilmaycare Cycling Fool
Join Date: Aug 2001
Location: Wynnum, Australia
Posts: 3,819
Bikes: 1998 Cannondale F700
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
The door zone is arguably the gray area between the fluid and rigid aspects of the meaning of the term in the context of a street on which onstreet parallel parking is allowed. Many people (including LEOs) think cyclists are required to ride in the door zone even when cars are parked there (after all, the law requires drivers to check before opening their doors - so the legal onus is on them). I think most of us here can agree to disagree with that interpretation (though while some of us reached this position without actually getting doored, others may require experiencing an actual dooring before realizing this). But when the street is clear of parked cars for, say, at least 10 seconds ahead of the cyclist, I can agree that it is practicable to ride within the door zone, but I still say further right (in the space actually occupied by parked cars when they are there) is arguably not practicable, and is certainly further right than the "3 feet to the right of overtaking traffic" often recommended for being a reasonable compromise between accommodating overtaking traffic and safety (per at least the 4 reasons cited above).