pulled over by Highway Patrol
#26
Senior Member


Joined: Sep 2007
Posts: 15,244
Likes: 1,756
From: Far beyond the pale horizon.
"No state allows cars to drive (travel) on the shoulder"
Now we return you to your program already in progress.
Last edited by njkayaker; 08-30-10 at 05:13 PM.
#27
Senior Member


Joined: Sep 2007
Posts: 15,244
Likes: 1,756
From: Far beyond the pale horizon.
I pointed out the "shoulder is not part of the roadway" thing in post 3.
No one here is disagreeing with this.
No one here is disagreeing with this.
#28
pedalphile
Joined: Jul 2008
Posts: 1,034
Likes: 0
From: ellington, ct
Bikes: trek 1200, 520, Giant ATX 970, Raleigh Talon
you can add colorado to the list. in fact, i think that most states west of the mississippi allow it. i wish it were the case in Ct.
i would feel a hell of a lot safer riding an interstate should than i do riding 98% of the roads i am legally allowed to ride. i think that no side streets, no (almost) parked cars, no peds and a ginormous shoulder outweigh any danger posed by higher speed differential.
another plus is grading. highways tend to flatten out many of the little hills which is a good thing for my clydsdale arse.
as for "travelling" in the shoulder, i can definitely vouch for the travelling on the shoulder in slow vehicles. i own an old toyota rv. being a 4 cylinder house, it's hill climbing talents are just slightly better than mine. i'll bet i've spent hundreds of miles partly or fully on shoulders as vehicles with better weight/hp ratios pass.
ii've never once been pulled over for doing so. i suspect that cops probably actually appreciate it as it keeps traffic flowing as best possible.
+1 to the poster that mentioned being pulled over for a speeding violation. this is actually something i've been almost hoping for. there is a long straight downhill near my house which is posted at 25. you pretty much need to brake to stay below 30 and the slightest bit of pedaling gets you to 35. if i ever do get pulled over for it, i think i'll fall off the bike laughing.
wonder how cops handle bike speeders?
i would feel a hell of a lot safer riding an interstate should than i do riding 98% of the roads i am legally allowed to ride. i think that no side streets, no (almost) parked cars, no peds and a ginormous shoulder outweigh any danger posed by higher speed differential.
another plus is grading. highways tend to flatten out many of the little hills which is a good thing for my clydsdale arse.
as for "travelling" in the shoulder, i can definitely vouch for the travelling on the shoulder in slow vehicles. i own an old toyota rv. being a 4 cylinder house, it's hill climbing talents are just slightly better than mine. i'll bet i've spent hundreds of miles partly or fully on shoulders as vehicles with better weight/hp ratios pass.
ii've never once been pulled over for doing so. i suspect that cops probably actually appreciate it as it keeps traffic flowing as best possible.
+1 to the poster that mentioned being pulled over for a speeding violation. this is actually something i've been almost hoping for. there is a long straight downhill near my house which is posted at 25. you pretty much need to brake to stay below 30 and the slightest bit of pedaling gets you to 35. if i ever do get pulled over for it, i think i'll fall off the bike laughing.
wonder how cops handle bike speeders?
#29
Me too 
This is real simple: take the right third of the right lane - always. Once you are certain rear approaching cars have seen you - you are doing head checks when cars overtake you, right? - then wave and move over a bit towards the shoulder.

This is real simple: take the right third of the right lane - always. Once you are certain rear approaching cars have seen you - you are doing head checks when cars overtake you, right? - then wave and move over a bit towards the shoulder.
#30
Thread Starter
cyclepath
Joined: Sep 2005
Posts: 3,550
Likes: 1
From: "The Last Best Place"
Bikes: 2005 Trek Pilot 5.0, 2001 Specialized Sirrus Pro, Kona Lava Dome, Raleigh hardtail converted to commuter, 87 Takara steel road bike, 2008 Trek Soho
I'm much more aware than that...I use a mirror.
__________________
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche
#31
So do I. But I do head checks, so motorists know I'm paying attention to them.
It so happens I also have the side of my helmet painted fluorescent orange, so when I turn my head it is like a bright beacon waving at them up ahead.
It so happens I also have the side of my helmet painted fluorescent orange, so when I turn my head it is like a bright beacon waving at them up ahead.
#33
Senior Member
Joined: Jun 2007
Posts: 684
Likes: 0
#34
Thread Starter
cyclepath
Joined: Sep 2005
Posts: 3,550
Likes: 1
From: "The Last Best Place"
Bikes: 2005 Trek Pilot 5.0, 2001 Specialized Sirrus Pro, Kona Lava Dome, Raleigh hardtail converted to commuter, 87 Takara steel road bike, 2008 Trek Soho
...sorry to ask but for what purpose? If they know you are paying attention to them they will behave differently how?
__________________
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche
#35
Infamous Member
Joined: Sep 2005
Posts: 24,360
Likes: 6
From: Ohio
Bikes: Surly Big Dummy, Fuji World, 80ish Bianchi
__________________
"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
#37
Well, except for those that are.
Tell you what -- you keep saying that they can't do that, and they'll keep doing it, and the cops will keep generally not ticketing for it.
I was thinking more of light trucks with a big load -- somebody moving with a truck bed full of stuff barely strapped in so they keep their speed down, for example. But the law doesn't say anything about big trucks vs. light trucks on that shoulder, so people will do what they can get away with, whether it damages the road or not. If their big, heavy truck can't go over 40 mph, they'll drive in the shoulder to let people pass them too. And people will flash their lights to thank them!
OK, if you say so, but that's not what the law says. The law says you can't drive on the improved shoulder except under these circumstances ...
Yes, but cops ticket for that. If you're in Texas and driving on the right shoulder and traffic is passing you, you're almost certain to not a get a ticket for that, as the law permits it. And on the off chance that a cop does stop you for it, he's likely to just tell you not to do that.
Well, bicycles are one of *three* exceptions in the law, with the others being authorized emergency vehicles on a call and police patrols. Police patrols (like bicycles) can use the shoulder for regular travel if they see fit -- though hopefully they don't do so on a regular basis.
... and normal motor vehicles can do so if they moving slowly and allowing other vehicles to pass them. It's considered polite, and quite commonly done once you get out of the cities. Drive friendly, the Texas way!
OK, but Texas doesn't consider the shoulder to be part of the roadway.
Ultimately, my point was that your all-encompassing declaration was incorrect, and I've shown that. You can quibble about what you meant, and that's fine, but taken literally as written it was incorrect, at least in Texas. And so, if you're riding your bicycle in the shoulder, you may very well encounter some motor vehicles in that same shoulder, parked and moving, that are there legally as well. And they may not be expecting other (even more slowly moving) traffic there, so they may be somewhat of a danger for you. A mirror might be wise, to help you see traffic coming up behind you. (You may hear them, but you may think they're in the traffic lane, not in the shoulder with you, unless you see them.)
Tell you what -- you keep saying that they can't do that, and they'll keep doing it, and the cops will keep generally not ticketing for it.
While it kind of depends on what TX means by "improved" in the "DRIVING ON IMPROVED SHOULDER" law, shoulders are typically not engineered to be regularly used by heavy trucks.
No, it's technically illegal if it was considered using the shoulder for "travelling".
People speed too without getting tickets. That doesn't mean that speeding is legal.
You seem to be suggesting that using the shoulder as a normal traffic lane for normal driving is legal. That is false in TX and false in every other state. Only bicycles can use the shoulder as a "normal" place for travel.
... and normal motor vehicles can do so if they moving slowly and allowing other vehicles to pass them. It's considered polite, and quite commonly done once you get out of the cities. Drive friendly, the Texas way!
Keep this law in mind too:
https://www.statutes.legis.state.tx.u...45.htm#545.051
https://www.statutes.legis.state.tx.u...45.htm#545.051
Ultimately, my point was that your all-encompassing declaration was incorrect, and I've shown that. You can quibble about what you meant, and that's fine, but taken literally as written it was incorrect, at least in Texas. And so, if you're riding your bicycle in the shoulder, you may very well encounter some motor vehicles in that same shoulder, parked and moving, that are there legally as well. And they may not be expecting other (even more slowly moving) traffic there, so they may be somewhat of a danger for you. A mirror might be wise, to help you see traffic coming up behind you. (You may hear them, but you may think they're in the traffic lane, not in the shoulder with you, unless you see them.)
Last edited by dougmc; 08-30-10 at 08:13 PM.
#38
Thread Starter
cyclepath
Joined: Sep 2005
Posts: 3,550
Likes: 1
From: "The Last Best Place"
Bikes: 2005 Trek Pilot 5.0, 2001 Specialized Sirrus Pro, Kona Lava Dome, Raleigh hardtail converted to commuter, 87 Takara steel road bike, 2008 Trek Soho
I guess I'm misunderstanding what he's talking about. It sounds like he head checks for the sole purpose of letting cars know that he knows they are there. To me a head check is a prudent, redundant safety move when changing lane position.
__________________
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche
#39
FWIW Some states allow passing on the shoulder and some states allow shoulders to be used as accelerator/decelerator lanes. So temporary driving is sometimes allowed.
#40
Try this sometime - when you encounter someone and begin speaking to them, look them in the eye. Really look at them. Do this especially to those with whom you don't normally behave this way. See, if it doesn't change the dynamics of the meeting.
We always see the bike-auto encounter as only one sided, even adversarial... us against them. But we share the same road. Nearly all drivers I ask admit that. These drivers are also as concerned with you as you are with them.
Basically, they want to know you aren't going to do anything stupid, either.
If you try talking to drivers about cyclists, you'll hear them comment on two things very often,
1. Cyclists are a bother, taking up the road AND
2. They fear the cyclist will do something stupid (turn in front of them, for example).
So take advantage of that. Looking at them, or at least making them think you are, creates a "communication" between the cyclist and the motorist. In truth it already exists, although neither side sees it that way. So take the lane, and when a car approaches, turn your head and let them know you are aware of them. This places the same onus on them.
Last edited by dahut; 08-31-10 at 06:08 PM.
#41
Senior Member
Joined: Apr 2006
Posts: 788
Likes: 17
From: Santa Rosa, CA
Bikes: Checkpoint ALR 5, Fuel EX 9.8 GX AXS, FX 4
I too was hoping this would be a speeding ticket stop 
Unfortunately, every encounter I've had with the local police here while on my bike (aside from them just cruising around) has been a near miss. They're the only ones that almost hit me every time I ride. Kind of ironic...

Unfortunately, every encounter I've had with the local police here while on my bike (aside from them just cruising around) has been a near miss. They're the only ones that almost hit me every time I ride. Kind of ironic...
#42
#43
The stickers should say "Same roads, (almost the) same rules"!!
Then, maybe, people should not use bumper stickers as a source of education!
Anyway, there are really only two basic differences in the law: FRAP and the allowance to ride on the shoulders. (I think it's only two: it's not many.)
And the FRAP law is similar to the common "slower traffic stay to the right" law (NC doesn't have a FRAP law).
Then, maybe, people should not use bumper stickers as a source of education!
Anyway, there are really only two basic differences in the law: FRAP and the allowance to ride on the shoulders. (I think it's only two: it's not many.)
And the FRAP law is similar to the common "slower traffic stay to the right" law (NC doesn't have a FRAP law).
When you say "there are really only two basic differences in the law," this is exactly what I'm getting at. You know that isn't true, but ... you're letting the VC slogan fool you, at least momentarily. And that confusion is not a good thing for anybody.
There's FRAP (which, sure, is similar to my state's law about slow vehicles having to pull out when a line builds up behidn them) and an allowance to ride on shoulders. Lane splitting is legal in some places (eg California), but not for cars. My bike is illegal on many public roadways that my car is obviously welcome on. Drivers have to pass each other safely, but don't have to open a three-foot gap when they pass one of those "car" contraptions out on the road. In most states, you can blow through a stop light on your bike, be ticketed by the police, and the law forbids this to affect your driving status: no license points, no change in your "safe driver" pool. My state apparently doesn't recognize drunken bicycling as a crime.
Bike drivers don't need licenses. The law doesn't require liability insurance for cyclists. You don't need working brake lights to drive your bike, or to apply for your license. Nor do you pay taxes and registration fees on it. When was the last time you brought your bike in to have an emissions test?
A 12 year old can operate a bike, but not a car. It's illegal for cars to drive on the sidewalk - although I see this sometimes in pursuit of a good parking spot. A cyclist is not required to signal a turn in most states, if they feel that it would be dangerous to take a hand off the bars ( stability, access to brakes, whatever ), while cars drivers have no trump card. Cyclists can wear headphones, which is illegal for a driver of a car.
Those are the differences that jump to mind, and we're not even talking about Idaho stops. If I did some research, I could grow that list tenfold ... but fish are vertebrates and whales are mammals; bikes and cars share a "living" space, but are vastly different species. "Same rules" is patently false, and isn't much more nuanced than "a whale is a fish."
#44
Also the Austin, TX law 3' passing law does cover motor vehicles -- motorcycles, people exposed riding tractors, etc. California law is likely different in some ways.
In most states, you can blow through a stop light on your bike, be ticketed by the police, and the law forbids this to affect your driving status: no license points, no change in your "safe driver" pool.
My state apparently doesn't recognize drunken bicycling as a crime.
Nor do you pay taxes and registration fees on it.
When was the last time you brought your bike in to have an emissions test?
A cyclist is not required to signal a turn in most states, if they feel that it would be dangerous to take a hand off the bars ( stability, access to brakes, whatever)
Cyclists can wear headphones, which is illegal for a driver of a car.
"Same rules" is patently false, and isn't much more nuanced than "a whale is a fish."
For every rule that you can find that is different between bikes and cars, there's ten that are the same. So "same rules" certainly isn't 100% true -- but it's not patently false either. But it's just a bumper sticker, there's not room to expand on all the exceptions.
#45
Senior Member
Joined: Mar 2007
Posts: 1,768
Likes: 2
From: Charleston, WV
Bikes: Trek Mountaineer modified with a NuVinci; Montegue Paratrooper folding mountain bike; Greenspeed recumbent; Surly Big Dummy with Stokemonkey
I once had an officer tell me to get on the sidewalk. I asked for his name and badge number, and he gave them to me (by law they have to if a citizen asks). I then e-mailed the chief of police, quoting the part of the Municipal Code that forbids bicycles from the sidewalk, and asked why an officer would order a citizen to do something illegal.
I got a very nice reply to the effect that this passage from the Code would be incorporated into the next day's rollcall briefing.
I got a very nice reply to the effect that this passage from the Code would be incorporated into the next day's rollcall briefing.
#48
rebmeM roineS

Joined: Jan 2006
Posts: 16,230
Likes: 363
From: Metro Indy, IN
Bikes: Bacchetta Giro A20, RANS V-Rex, RANS Screamer
I'm not understanding the purpose or necessity of a fake headcheck or of a headcheck that is not needed - a mirror can give better visual information. Besides, I can't effectively turn my head to look behind me on my recumbents.
__________________
Bacchetta Giro A20, RANS V-Rex, RANS Screamer
Bacchetta Giro A20, RANS V-Rex, RANS Screamer
#49
I'm not saying that you need to do it, but there is a benefit to doing it that goes beyond merely being able to see behind you.
(And I know what you mean -- I feel naked without my mirror, but doubly so on my 'bents.)
#50
Thread Starter
cyclepath
Joined: Sep 2005
Posts: 3,550
Likes: 1
From: "The Last Best Place"
Bikes: 2005 Trek Pilot 5.0, 2001 Specialized Sirrus Pro, Kona Lava Dome, Raleigh hardtail converted to commuter, 87 Takara steel road bike, 2008 Trek Soho
__________________
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche
--------------------------------------------------------------------------------------------
"Without music, life would be a mistake."
-- Friedrich Nietzsche






