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Old 03-01-05 | 11:13 AM
  #51  
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I hope I am not the only one getting a deja vu with this thread.
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Old 03-01-05 | 12:08 PM
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Here is what I gather (some may not be true) and some of my opinion:
1. Yes you can get a ticket for 25 in a 15mph zone and this is even more likely if a school zone
2. No you are not required to show ID or DL, but you are required to correctly identify yourself.
3. An officer can detain you until you show ID you if they suspect that the ID you have verbally given is false.
4. You will not get a ticket for 30 in a 25mph zone, same as if you are driving, the margin is too small.
5. You can get a ticket for reckless cycling (i.e. unsafe speed for current situation) no matter what speed you are going. This means you could get a ticket for going 25mph in a 30mph zone if there are unusual road and traffic conditions.
6. You should obey the traffic speed laws, not because of fear of a ticket or fear of the law, but to be a good respectful road user. Just as you don't want cars speeding in your neighborhood or on roads that you cycle on you shouldn't be that cyclist who speeds thru low speed zones and puts peds and others at risk. There usually is a reason for 15mph zones.

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Old 03-01-05 | 12:57 PM
  #53  
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Originally Posted by Blazingpedals
What makes you think that there's always going to be an insurance policy to pay for everyone's damages? It is not required to have a driver's license or liability insurance in order to ride a bike. Unless your policy specifically covers it, auto insurance won't cover you for when you're on your bike. It's AUTO insurance.
Originally Posted by Expatriate
I didn't say there would always be an insurance policy. I merely responded to this post:

Originally Posted by Blazingpedals
Tickets received on your bicycle shouldn't count as points against your driver's license. That'd suck having your car insurance go up because of something you did on your bike!
And you are incorrect. There is no special rider on an auto policy that covers bikes. The liability portion of your auto policy will cover you if you strike a car with your bike. Just like your bodily injury coverage will provide limited coverage if you are in someone else's car, or get hit by a car while on your bike. It's not called a "Your car policy", it's auto insurance.
I believe that's what I called it: "AUTO insurance." (See my first quote above. ) While you seem to be more concerned with making a CLAIM, in the above, I was merely stating consequences of receiving a ticket.

It covers your body, your passengers' bodies (in a car) and provides liability coverage if you have an accident involving another automobile. There's no shopping trolley insurance, but if you're leaving Costco or Home Depot and your trolley rolls into a car, you have coverage to pay their damages. That's what the liability portion of your policy covers, and that's what most states, if not all, require you to have in order to operate a motor vehicle.
Ahh, you agree with me! You normally need insurance to operate a MOTOR VEHICLE. Not a bike.
That was my point; that since it's not required to have a driver's license or auto insurance to ride a bike, it's improper to have a cycling violation charged to either of them. I've been told that by lawyers, I've been told that by police who are cyclists. But that's exactly what will happen if you get a citation on your bike, and you give them your driver's license as an ID. Most cops don't know to do otherwise, and they'll use your license # for the ident field on the ticket, and the legal system will see it exactly the same as if you'd been driving your car at the time. And no matter how they do it in Quebec, that's not how it's supposed to work in The States.

Do you even have insurance or a license?
I don't think that was called for.
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Old 03-01-05 | 01:32 PM
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Originally Posted by BlazingPedals
... your drivers license, which is technically your 'motor vehicle operator's license...
I actually had to pull my (Florida) driver's license out to check this. I have the old version (many update blue stickers on the back) as opposed to the new hard card version.
My license says "driver's license". Nothing is mentioned about being a motor vehicle license. Florida traffic law defines a driver as a person operating a vehicle (includes bicycles) on a public road(way). But of course this "license" can not be issued until you take the "driver's" test (no younger than 16 years of age).
And the practical part of the test is performed in a motor vehicle not on a bike. Which causes one to ask the question: Can a cyclist younger than 16 legally operate abicycle on the road9way)?

Sometimes it's very easy to stumble upon inconsistencies in the traffic law when it comes to operating a cycle vehicle. And sometimes you learn of the inconsistencies while the officer is writing out the citation.
There's got to be a better way.

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Old 03-01-05 | 01:44 PM
  #55  
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Originally Posted by BlazingPedals
That was my point; that since it's not required to have a driver's license or auto insurance to ride a bike, it's improper to have a cycling violation charged to either of them. I've been told that by lawyers, I've been told that by police who are cyclists.
That's rather unfortunate that your lawyer gave you the same incorrect info as cycling cops. Had you called your insurance agent, he would have probably given you a better answer ("I'm not sure, let me check and get back to you", if he's smart) then he would have called underwriting, and they would have verified that a violation on your bike would be show on your driving record, and be considered when setting your rates.

As I stated before, if you run a stop sign on a bicycle, you run the risk of hitting a car. And if you hit a car, you are exposing your auto insurance company to a potential claim. Your negligent behavior is a liability, and you will be paying extra for the extra risk taken by the insurance company.

Your driving record printout will only show the violation number. It won't show that you were on a bike, and even if you had no license at the time, you'll still have a record for them to check. Get a new lawyer.
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Old 03-01-05 | 01:49 PM
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Originally Posted by tippy
My license says "driver's license". Nothing is mentioned about being a motor vehicle license. Florida traffic law defines a driver as a person operating a vehicle (includes bicycles) on a public road(way). But of course this "license" can not be issued until you take the "driver's" test (no younger than 16 years of age).
And the practical part of the test is performed in a motor vehicle not on a bike. Which causes one to ask the question: Can a cyclist younger than 16 legally operate abicycle on the road9way)?
Tippy, your Florida vehicle code probably does not define a bicycle as a "vehicle". There's probably something in your vehicle code that states "All non-pedestrian traffic" must follow the rules of the road. Make sense now?
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Old 03-01-05 | 02:26 PM
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Michigan has this buried in its vehicle code, and I've never seen another State's code that was significantly different: "Sec. 657. Every person riding a bicycle or moped upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except..." Using this wording, a bicycle is a pseudo-vehicle. It is required to follow vehicular regulations regarding speed, which side of the road to drive on, etc. But at the same time, this wording implicitly states that bicycles are not vehicles.

My driver's license is labeled an "Operator License." Not very specific, is it?
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Old 03-01-05 | 02:42 PM
  #58  
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Is there an echo in here? Because I hope I'm not repeating myself. In most states you will find that a bicycle falls under the catchy heading of "Non pedestrian traffic", and as such are subject to most of the same rules as cars.

I've currently got a California and Australia license, and they both say "Driver License" clearly across the top. Don't know what to say about Michigan, other than that their vehicle code probably refers to drivers as "Operators", hence the Operator License.
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Old 03-01-05 | 07:41 PM
  #59  
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Originally Posted by MiniLance
Can Cop give you a ticket for going 25Mph in a 15Mph Zone?
I don't see why not, it's a posted limit right?
Isn't a 15 mph limit usually in places like active school zones or public park roads? Maybe really big parking lots?
Posted limits apply to everyone same as a stop sign.
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Old 03-02-05 | 01:04 AM
  #60  
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Originally Posted by MiniLance
"Can Cop give you a ticket for going 25Mph in a 15Mph Zone?"


- - I still am not clear on how they can cite a bicycle for speeding since a speedometer is not required equipment. Has anyone argued this in court that cyclists have no way to know their speed?
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Old 03-02-05 | 01:35 AM
  #61  
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Originally Posted by 77Univega
Originally Posted by MiniLance
"Can Cop give you a ticket for going 25Mph in a 15Mph Zone?"


- - I still am not clear on how they can cite a bicycle for speeding since a speedometer is not required equipment. Has anyone argued this in court that cyclists have no way to know their speed?
The judge will tell you that ignorance is no excuse. I don't know where you'd find a 15MPH zone, but you would have to be aware of what a safe speed is. A Multi User Pathway for cyclists, walkers and skaters may have a 10MPH limit. Speedo or not, Someone going 20MPH would have to realize that their speed is unsafe. On my way back from the beach, I do a 40Km/H sprint on the roadway, then go onto a MUP where there's no posted limit, but with respect to the other users, I roll along at about 10k.

I woul think that a cyclist ticketed for doing 40 or so in a 25 zone would wear that ticket like a medal. I could be wrong though.
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Old 03-02-05 | 03:05 PM
  #62  
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Originally Posted by tippy
My license says "driver's license". Nothing is mentioned about being a motor vehicle license.
Is there not a 'class' specification? That's usually where you'll find what the license is for.
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Old 03-02-05 | 04:55 PM
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In the UK they recognise that, since a speedometer is not required by law, they cannot charge you for exceeding the speed limit since they must show intent to exceed something you are not able to measure - seems more logical to me.

However, they can still get you for "furious and reckless riding", often because you are going faster than is reasonable for the conditions. This charge was used in the early days of cycling and was taken from an existing law applying to horsriders (serious shortge of speedometers in the 19th C.
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Old 03-02-05 | 05:29 PM
  #64  
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Originally Posted by atbman
However, they can still get you for "furious and reckless riding", often because you are going faster than is reasonable for the conditions. This charge was used in the early days of cycling and was taken from an existing law applying to horsriders (serious shortge of speedometers in the 19th C.
You can be cited for this in the US as well. Well maybe not the 'furious' part, but the 'reckless' or 'reckless speed' or 'unsafe speed' or 'unsafe for condition' (something like that). In fact you can be cited for this even if you are below posted speed limit. For example if you are driving 55mph in a heavy ice storm on a 65mph freeway when all other resonable traffic is going at 40mph.

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