Bike Forums

Bike Forums (https://www.bikeforums.net/forum.php)
-   Commuting (https://www.bikeforums.net/commuting/)
-   -   Should cyclists be separated? (https://www.bikeforums.net/commuting/94596-should-cyclists-separated.html)

genec 03-30-05 03:40 PM

BillH, actually it is more insidious than that... There is the implication that cyclists "rights" are violated... however, the cyclist is only a cyclist when they use a bicycle, the operator, a human, retains all their "rights" and can invoke the "rights" of any other operator simply by changing machines.

No other group of "segregated" humans has ever been able to switch "classes" simply by choice...

And in this case, choice of modes of transportation. I wonder when the "trainists" are going to argue that they have the right to leave the tracks... or the motorists have the right to access the sidewalks... :D

Helmet Head 03-30-05 08:02 PM


Originally Posted by genec
BillH, actually it is more insidious than that... There is the implication that cyclists "rights" are violated... however, the cyclist is only a cyclist when they use a bicycle, the operator, a human, retains all their "rights" and can invoke the "rights" of any other operator simply by changing machines.

No other group of "segregated" humans has ever been able to switch "classes" simply by choice...

And in this case, choice of modes of transportation. I wonder when the "trainists" are going to argue that they have the right to leave the tracks... or the motorists have the right to access the sidewalks... :D

I know you're kidding, but do you realize that in order for this to be funny you have to overlook the little point about the law recognizing that cyclists have the same rights as do vehicle drivers. No such recognition is made regarding trainists.

And it doesn't mean we only have those rights when we're operating motor vehicles. It means we have those rights while we're riding our bikes:



Originally Posted by CA VC 21200
21200. (a) Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, ...

So, yes, when cyclists are not recognized as having the same rights as do drivers of vehicles, then the cyclists' rights ARE violated.

That is not true for pedestrians, skate boarders, skiers, skaters, or "trainists"...

Serge

genec 03-30-05 10:49 PM


Originally Posted by SERGE
I know you're kidding, but do you realize that in order for this to be funny you have to overlook the little point about the law recognizing that cyclists have the same rights as do vehicle drivers.

And the same laws also recognized the differences in operation of various vehicles, and provided special provisions therein: " any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic..."

LittleBigMan 03-30-05 11:39 PM


Originally Posted by sbhikes
Driver intolerance to cyclists being out of the bike lane or otherwise using the road in a vehicular manner is a driver education issue, not a bike lane issue.

If motorists are educated and tolerant, why paint a bike lane? If not, what good will a bike lane do?

Helmet Head 03-31-05 03:26 PM


Originally Posted by genec
And the same laws also recognized the differences in operation of various vehicles, and provided special provisions therein: " any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic..."

That's right, which is why, technically, 21208, does not violate the rights of cyclists.
However, I would like to see that challenged, because I believe, in practice, it does.

Consider the following scenario presented by John Forester on rec.bicycles.soc in 1994:



Originally Posted by John Forester
Consider the cyclist who is setting up for a left-hand turn
at the next intersection and has left the bike lane. A motorist exits a
driveway from the cyclist's left and makes a left turn, hitting the
cyclist. The cyclist has severe injuries and can't talk for a time. The
accident report will list the cyclist as at fault for not being in the
bike lane, in violation of 21208 (California Vehicle Code number). The
motorists' attorney argues, with specious accuracy, that had the cyclist
been in the bike lane where he belonged, his client would never have hit
him. If the cyclist can't talk, or can't remember the accident (a
regrettably frequent event), in a legal sense he is done for. Even if he
can explain that he intended to turn left, he is open to the argument
that he put himself in danger by leaving the bike lane unnecessarily
early. Motorists never have to make similar arguments; cyclists have to
make such arguments because, in the context of American motoring
society, the bike-lane laws were advocated, written and enacted by
motorists to make cyclists do just that.

Words that appear to express the fair notion that the roadway is
fairly divided between motorists and cyclists were actually intended,
and in fact are used as, methods of discriminating against cyclists.


genec 03-31-05 04:39 PM


Originally Posted by Helmet Head
That's right, which is why, technically, 21208, does not violate the rights of cyclists.
However, I would like to see that challenged, because I believe, in practice, it does.

Consider the following scenario presented by John Forester on rec.bicycles.soc in 1994:

Oh the old "I didn't see the cyclist" defense commonly used by all motorists... And how would that cyclist be "protected" if the motorist claimed the same defense when the cyclists was on the right side of the motorist in a WOL and swerved to avoid a pot hole...

Com'on you can make all kinds of outlandish scenerios where the motorists attorneys if the cyclist is not able to defend themselves... such as the lawyer/professor in Dallas: "the sun was in my eyes" or the northern Cal woman who claimed the experienced female rider "crossed the line." Neither one of these involved Bike Lanes.

Shall I go on?

Speaking of second class... in this auto-centric society, cyclists don't have a chance... look at the accident case histories in Forester's book... it has not gotten any better.

Helmet Head 03-31-05 05:25 PM


Originally Posted by genec
And how would that cyclist be "protected" if the motorist claimed the same defense when the cyclists was on the right side of the motorist in a WOL and swerved to avoid a pot hole...

Which points out the similar discriminatory problem with "keep to the side" laws like 21202. It's the same "cyclists should keep out of the way" mentality that forms the basis of bike lanes, bike lane laws, and keep-to-the-side laws.

In order to prove that a motorist was driving too slow, and his driving too slow was a contributory cause to some collision, you have to prove the motorist was driving too slow. With a cyclist it is assumed, unless proven otherwise. That's not fair.

sbhikes 03-31-05 08:58 PM


Originally Posted by Helmet Head

Originally Posted by jf
Consider the cyclist who is setting up for a left-hand turn
at the next intersection and has left the bike lane. A motorist exits a
driveway from the cyclist's left and makes a left turn, hitting the
cyclist...


This could happen regardless of the presence or absence of bike lanes.

Rather than complain about bike lanes, your money/time would be better spent on a bright neon-green jacket with reflective piping, good lighting, a bike flag or any other visiblity aid device you are comfortable with. You will be more visible and you will put the decision in your favor. How could they not see you? Plus, you have the right of way. This statute that you quote does not match the rules of the road for California that I have read that says that you have an obligation as a bicyclist to make left turns from left turn lanes.

Helmet Head 04-01-05 01:07 PM


Originally Posted by sbhikes
This could happen regardless of the presence or absence of bike lanes.

Rather than complain about bike lanes, your money/time would be better spent on a bright neon-green jacket with reflective piping, good lighting, a bike flag or any other visiblity aid device you are comfortable with. You will be more visible and you will put the decision in your favor. How could they not see you? Plus, you have the right of way. This statute that you quote does not match the rules of the road for California that I have read that says that you have an obligation as a bicyclist to make left turns from left turn lanes.

Yes, it could happen regardless of the presence of a bike lane, but it was noted as a counter-example to the argument that bike lanes help cyclists by delineating liability. The argument is that if a cyclist is hit while riding in a bike lane, it's clearly the motorist's fault. The problem with this is the flip-side: if the cyclist is not riding in a bike lane, it's (generally assumed to be) NOT the motorist's fault (unless proven otherwise).

As to "complaining" about bike lanes, I just want to bring their problems and dangers (including those inherent to the fundamental concept of bike lanes, which thus applies to ALL bike lanes) to the attention of cyclists. What's wrong with that?

randya 04-01-05 01:44 PM


Originally Posted by Helmet Head
As to "complaining" about bike lanes, I just want to bring their problems and dangers (including those inherent to the fundamental concept of bike lanes, which thus applies to ALL bike lanes) to the attention of cyclists. What's wrong with that?

What's wrong is that one or two strategic posts would have done it, instead we are being subjected to endless polls and harangues... :)

Helmet Head 04-01-05 01:54 PM

Well, as long as folks keep making posts that indicate they still don't get it...

randya 04-01-05 01:57 PM

Maybe someone should post a poll and vote on exactly what species of troll inhabits these pages...

http://redwing.hutman.net/%7Emreed/w...ssrebutter.htm
http://redwing.hutman.net/%7Emreed/warriorshtm/ego.htm

:)

Helmet Head 04-01-05 02:06 PM

:p

sbhikes 04-01-05 05:13 PM


Originally Posted by Helmet Head
Well, as long as folks keep making posts that indicate they still don't get it...

There it is everybody! Just agree with Serge and he'll stop!

Helmet Head 04-01-05 05:30 PM


Originally Posted by sbhikes
There it is everybody! Just agree with Serge and he'll stop!

Actually, agreement is not required to get me to stop.
But misstatements about VC, bike lanes, mischaracterizations of what I said or what I meant, etc., compel me to clarify...

(much like this quoted statement)

Dchiefransom 04-01-05 08:23 PM


Originally Posted by Helmet Head
That's right, which is why, technically, 21208, does not violate the rights of cyclists.
However, I would like to see that challenged, because I believe, in practice, it does.

Consider the following scenario presented by John Forester on rec.bicycles.soc in 1994:

This doesn't show the qoute from John Forrester, Serge, but if you took out the reference to the bike lnae, and stuck in "as far to the right as practicable", the cyclist would still be in legal trouble.

Dchiefransom 04-01-05 08:29 PM


Originally Posted by Helmet Head
Well, as long as folks keep making posts that indicate they still don't get it...

Your "opinion", and the "opinions" of others that favor VC, does not constitute proof that bike lanes are more dangerous. They are only "opinions", just as the ones that think bike lanes are better.
Why do so many think it is their "duty" to slow the world down to their pace? Like I proposed before, go to work, work at 1/3 the speed of everyone else, and see what happens. That's why drivers don't want cyclists constantly slowing them down. It's a carry-over from the rest of our culture.
Every time I see someone reminding us of our "rights" on the road, I notice that the "responsibilities" are never stressed.

Dchiefransom 04-01-05 08:32 PM


Originally Posted by Helmet Head
Actually, agreement is not required to get me to stop.
But misstatements about VC, bike lanes, mischaracterizations of what I said or what I meant, etc., compel me to clarify...

(much like this quoted statement)


The message that others get is what you said. It involves more than just the exact wording.


All times are GMT -6. The time now is 04:57 PM.


Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.