Bike v. Police
#126
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Bikes: 2000 LeMond Buenos Aires / 1996 LeMond Alpe d'Huez / 2009 Scott Scale 60
@ BianchiDave
I think you have a pretty good viewpoint of these and other situations. Why aren't you using your officer knowledge to
point out the Law in any jurisdiction that states it is Illegal for slow vehicles to block, speed-up or otherwise make passing difficult ?
I think you have a pretty good viewpoint of these and other situations. Why aren't you using your officer knowledge to
point out the Law in any jurisdiction that states it is Illegal for slow vehicles to block, speed-up or otherwise make passing difficult ?
346.02 Applicability of chapter.
(4) APPLICABILITY TO PERSONS RIDING BICYCLES AND MOTOR
BICYCLES. (a) Subject to the special provisions applicable to
bicycles, every person riding a bicycle upon a roadway or shoulder
of a highway is granted all the rights and is subject to all the
duties which this chapter grants or applies to the operator of a
vehicle, except those provisions which by their express terms
apply only to motor vehicles or which by their very nature would
have no application to bicycles. For purposes of this chapter, provisions
which apply to bicycles also apply to motor bicycles,
except as otherwise expressly provided.
(b) Provisions which apply to the operation of bicycles in
crosswalks under ss. 346.23, 346.24, 346.37 (1) (a) 2., (c) 2 and
(d) 2. and 346.38 do not apply to motor bicycles.
Illegal for slow vehicles to block;
346.59 Minimum speed regulation. (1) No person shall
drive a motor vehicle at a speed so slow as to impede the normal
and reasonable movement of traffic except when reduced speed
is necessary for safe operation or is necessary to comply with the
law.
(2) The operator of a vehicle moving at a speed so slow as to
impede the normal and reasonable movement of traffic shall, if
practicable, yield the roadway to an overtaking vehicle whenever
the operator of the overtaking vehicle gives audible warning with
a warning device and shall move at a reasonably increased speed
or yield the roadway to overtaking vehicles when directed to do
so by a traffic officer.
History: 1977 c. 100.
(b) Any operator of a bicycle or electric personal assistive
mobility device who violates s. 346.59 may be required to forfeit
not more than $10.
History: 1971 c. 278; 1973 c. 182, 218; 1973 c. 333 ss. 174p, 202 (12); 1973 c.
336; 1977 c. 30 ss. 6, 7; 1983 a. 27; 1987 a. 17; 1993 a. 198; 1995 a. 44; 1997 a. 277,
325; 2001 a. 90.
speed-up or otherwise make passing difficult;
346.07 Overtaking and passing on the left. The following
rules govern the overtaking and passing of vehicles proceeding
in the same direction, subject to those limitations, exceptions
and special rules stated in ss. 346.075 (2) and 346.08 to 346.11:
(2) The operator of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe
distance and shall not again drive to the right side of the roadway
until safely clear of the overtaken vehicle.
(3) Except when overtaking and passing on the right is permitted,
the operator of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and shall
not increase the speed of the vehicle until completely passed by
the overtaking vehicle.
History: 1971 c. 208; 1985 a. 301 s. 4; 1991 a. 316; 1997 a. 32.
346.075 Overtaking and passing bicycles, electric personal
assistive mobility devices, and motor buses.
(1) The operator of a motor vehicle overtaking a bicycle or electric
personal assistive mobility device proceeding in the same
direction shall exercise due care, leaving a safe distance, but in no
case less than 3 feet clearance when passing the bicycle or electric
personal assistive mobility device, and shall maintain clearance
until safely past the overtaken bicycle or electric personal assistive
mobility device.
(2) Except as provided in s. 346.48, if the operator of a motor
vehicle overtakes a motor bus which is stopped at an intersection
on the right side of the roadway and is receiving or discharging
passengers, the operator shall pass at a safe distance to the left of
the motor bus and shall not turn to the right in front of the motor
bus at that intersection.
History: 1973 c. 182; 1977 c. 208; 1985 a. 301; 2001 a. 90.
Extra;
346.04 Obedience to traffic officers, signs and signals;
fleeing from officer. (1) No person shall fail or refuse
to comply with any lawful order, signal or direction of a traffic
officer.(2) No operator of a vehicle shall disobey the instructions of
any official traffic sign or signal unless otherwise directed by a
traffic officer.
(2t) No operator of a vehicle, after having received a visible
or audible signal to stop his or her vehicle from a traffic officer or
marked police vehicle, shall knowingly resist the traffic officer by
failing to stop his or her vehicle as promptly as safety reasonably
permits.
(3) No operator of a vehicle, after having received a visual or
audible signal from a traffic officer, or marked police vehicle,
shall knowingly flee or attempt to elude any traffic officer by willful
or wanton disregard of such signal so as to interfere with or
endanger the operation of the police vehicle, or the traffic officer
or other vehicles or pedestrians, nor shall the operator increase the
speed of the operator’s vehicle or extinguish the lights of the
vehicle in an attempt to elude or flee.
(4) Subsection (2t) is not an included offense of sub. (3), but
a person may not be convicted of violating both subs. (2t) and (3)
for acts arising out of the same incident or occurrence.
346.09 Limitations on overtaking on left or driving on
left side of roadway. (1) Upon any roadway where traffic is
permitted to move in both directions simultaneously, the operator
of a vehicle shall not drive to the left side of the center of the roadway
in overtaking and passing another vehicle proceeding in the
same direction unless such left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be done in safety. In no case when overtaking
and passing on a roadway divided into 4 or more clearly
indicated lanes shall the operator of a vehicle drive to the left of
the pavement marking indicating allocation of lanes to vehicles
moving in the opposite direction or, in the absence of such marking,
to the left of the center of the roadway. In no case shall the
operator of a vehicle drive in a lane when signs or signals indicate
that such lane is allocated exclusively to vehicles moving in the
opposite direction.
(2) Upon any roadway where traffic is permitted to move in
both directions simultaneously, the operator of a vehicle shall not
drive on the left side of the center of the roadway upon any part
of a grade or upon a curve in the roadway where the operator’s
view is obstructed for such a distance as to create a hazard in the
event another vehicle might approach from the opposite direction.
(3) The operator of a vehicle shall not drive on the left side of
the center of a roadway on any portion thereof which has been designated
a no−passing zone, either by signs or by a yellow unbroken
line on the pavement on the right−hand side of and adjacent
to the center line of the roadway, provided such signs or lines
would be clearly visible to an ordinarily observant person.
346.37 Traffic−control signal legend.
(c) Red. 1. Vehicular traffic facing a red signal shall stop
before entering the crosswalk on the near side of an intersection,
or if none, then before entering the intersection or at such other
point as may be indicated by a clearly visible sign or marking and
shall remain standing until green or other signal permitting movement
is shown.
2. No pedestrian, bicyclist, or rider of an electric personal
assistive mobility device facing such signal shall enter the roadway
unless he or she can do so safely and without interfering with
any vehicular traffic.
4. Notwithstanding subd. 1., a motorcycle, moped, motor
bicycle, or bicycle facing a red signal at an intersection may, after
stopping as required under subd. 1. for not less than 45 seconds,
proceed cautiously through the intersection before the signal turns
green if no other vehicles are present at the intersection to actuate
the signal and the operator of the motorcycle, moped, motor
bicycle, or bicycle reasonably believes the signal is vehicle actuated.
The operator of a motorcycle, moped, motor bicycle, or
bicycle proceeding through a red signal under this subdivision
shall yield the right−of−way to any vehicular traffic, pedestrian,
bicyclist, or rider of an electric personal assistive mobility device
proceeding through a green signal at the intersection or lawfully
within a crosswalk or using the intersection. This subdivision
does not affect any authorization for a bicyclist under subd. 2.
https://www.legis.state.wi.us/statutes/Stat0346.pdf
#127
Senior Member
Joined: Sep 2009
Posts: 322
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Bikes: 2000 LeMond Buenos Aires / 1996 LeMond Alpe d'Huez / 2009 Scott Scale 60
Same thing one would do in any situation where it's impossible to pass (such as a slow farm vehicle); slow down and wait.
Because it doesn't apply in this case. It wasn't the bicyclist's speed or position making "passing difficult", it was the fact that there wasn't sufficient room to pass safely under any circumstances.
Because it doesn't apply in this case. It wasn't the bicyclist's speed or position making "passing difficult", it was the fact that there wasn't sufficient room to pass safely under any circumstances.
(This was on the west side of Madison off S. Whitney about a block from Toki middle school. Where there are oversized streets) The only reason (besides not being in a hurry and trying to waste time) I didn’t pass is because I was concerned he would lose control and end up swerving into my path. Note: the majority of side streets in Madison WI do not have painted lines in the center. So legally I could pass.
"Because it doesn't apply in this case. It wasn't the bicyclist's speed or position making "passing difficult", it was the fact that there wasn't sufficient room to pass safely under any circumstances"
True but also if I remember right in the video it was a double yellow line with no breaks in it which I think it’s safe to say all states consider that “no passing.”
Last edited by BianchiDave; 08-14-10 at 11:04 AM.
#129
Junior Member
Joined: Dec 2008
Posts: 22
Likes: 0
No. Some of you are posers because some of you fail to see that all of this was caused by the van driving illegally within a few inches, not the legally required three feet, of the bike. Some of you are posers because you fail to accept that the cyclist's resultant infraction was a direct result of this. Some of you are posers because you believe that this whole incident was caused by a cyclist riding in the centre of the lane, which according to Massachusetts law, he's allowed to do.
Cycling in the middle of the lane, contrary to the beliefs of some here, is not a capital crime punishable by being splattered on the pavement by the van from Scooby Doo.
Cycling in the middle of the lane, contrary to the beliefs of some here, is not a capital crime punishable by being splattered on the pavement by the van from Scooby Doo.
What do you mean by a poser? seriously? How old are you? Are you using your mom's computer? Does she know? I ride my bike to work everyday, even in the winter, I regularly spend my weekends building and maintaing local trails, I volunteer often at races and local advocacy events, I donate used and unwanted bikes and parts to the local community bike program and fix up bikes for the needy kids that my wife teaches, I stop and offer help to everyone I see at the side of the road/trail. I also ride courteously on the road and the trails, I have never been hit or pulled over. When I see someone being a d!ck on a bike I'll tell them, it gets my goat when I'm sat at every red light and see another rider running one, I stop at every stop sign, I signal every turn. What here makes me a poser? Get your head out of your arse.
#130
Two days ago my wife and I decided to take our boys to the pool for some fun. As we got to the pool our little 2 year old fell asleep in the car seat so rather than waking him up my wife took our 5 year old into the pool and I got to drive around for awhile. As I was driving around on some side streets I came up behind a cyclist who was riding the same direction I was going. He was riding pretty much down the middle of the street (which I do when there are no vehicles in the area.) As I came up to him (I say about 50 yards) I noticed he looked back (and had too of seen me) and rather than moving over to the right side of the road he sat up straight and continued to ride the same path he was already going (middle of the street) only this time he took his hands of his handlebars and stated to ride with his hands on his hips. Stunned I thought to myself “oh maybe he didn’t see me” so as I got closer knowing I did not want to pass him while he was riding like that (it was not a straight line) I slightly tooted my horn. He looked over his shoulder (this time defiantly seeing me) and resumed with the way he was riding.
For me I was not in a hurry so I just followed but regardless if one is in a hurry or not what do you think a non cyclist would have done in this same situation?
I strongly believe there are many cyclists out there that confuse the point of being a positive advocate to this issue.
For me I was not in a hurry so I just followed but regardless if one is in a hurry or not what do you think a non cyclist would have done in this same situation?
I strongly believe there are many cyclists out there that confuse the point of being a positive advocate to this issue.
#132
Senior Member


Joined: Sep 2007
Posts: 15,210
Likes: 1,741
From: Far beyond the pale horizon.
I'm objecting to the hyperbole in the following.
1) He wasn't "run off the road".
2) You are likely not able to diagnose any mental deficiency in the driver merely by looking the video.
Other than pointing out that the cyclist ignored the siren, I, personally haven't done either (just saying: you might not be referring to me).
This appears to be the case.
You haven't been watching the same video! It wasn't a van (it's a a Ford SUV). The cyclist did not "swerve into the gutter" (he doesn't appear to cross the white line on the right side). The cyclist does swerve across the center yellow line after the SUV has passed him.
===============
It looks like the driver cut over too quickly (presumably because of the oncoming traffic). It's hard to say how much space he gave the cyclist at the start of the pass. (It wasn't a safe pass, in my opinion.)
2) You are likely not able to diagnose any mental deficiency in the driver merely by looking the video.
===============
It looks like the driver cut over too quickly (presumably because of the oncoming traffic). It's hard to say how much space he gave the cyclist at the start of the pass. (It wasn't a safe pass, in my opinion.)
Last edited by njkayaker; 08-14-10 at 02:04 PM.
#133
Senior Member

Joined: Apr 2010
Posts: 2,933
Likes: 501
From: Elevation 666m Edmonton Canada
Bikes: 2013 Custom SA5w / Rohloff Tourster
@ The Human Car
What a laughable viewpoint. Does your bike or all the cars come equiped with a lazer guided measuring tape?
It doesn't make sense on any street or any highway. Is it safe forcing the passing cars left wheels to be 2 inches from the left
shoulder while going 50 mph ? Maybe then over-correcting and swerving into your lane and squishing your bike like a bug ?
What a laughable viewpoint. Does your bike or all the cars come equiped with a lazer guided measuring tape?
It doesn't make sense on any street or any highway. Is it safe forcing the passing cars left wheels to be 2 inches from the left
shoulder while going 50 mph ? Maybe then over-correcting and swerving into your lane and squishing your bike like a bug ?
Last edited by GamblerGORD53; 08-14-10 at 01:51 PM.
#134
Senior Member


Joined: Sep 2007
Posts: 15,210
Likes: 1,741
From: Far beyond the pale horizon.
What evidence is there that the driver was appreciable "inconvenienced" (let alone "grossly")?
The "two wrongs don't make a right" rule that you must have heard as a child applies to driving: the behavior of other drivers does not provide an excuse for unsafe behavior. Nor does being "inconvenienced" or being impatient.
The "two wrongs don't make a right" rule that you must have heard as a child applies to driving: the behavior of other drivers does not provide an excuse for unsafe behavior. Nor does being "inconvenienced" or being impatient.
#135
Surf Bum
Joined: Aug 2008
Posts: 2,184
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From: Pacifica, CA
Bikes: Lapierre Pulsium 500 FdJ, Ritchey breakaway cyclocross, vintage trek mtb.
Well, I too don't see what the problem is with requiring/expecting passing cars to go completely into the oncoming lane when passing. They'd do so to pass a car, right?
The safest thing for everyone is to drive like a bicycle and a car are the same size. Imagine they take up the same square footage, and then place the cyclist inside that imaginary car-sized rectangle and don't encroach upon it at all so that he has the buffer space all around him.
But personally, I don't get bent out of shape if drivers pass closely: as long as they don't cause me to alter my path then my life hasn't changed one bit.
The safest thing for everyone is to drive like a bicycle and a car are the same size. Imagine they take up the same square footage, and then place the cyclist inside that imaginary car-sized rectangle and don't encroach upon it at all so that he has the buffer space all around him.
But personally, I don't get bent out of shape if drivers pass closely: as long as they don't cause me to alter my path then my life hasn't changed one bit.
#136
Illegal for slow vehicles to block;
346.59 Minimum speed regulation. (1) No person shall
drive a motor vehicle at a speed so slow as to impede the normal
and reasonable movement of traffic except when reduced speed
is necessary for safe operation or is necessary to comply with the
law.
https://www.legis.state.wi.us/statutes/Stat0346.pdf
346.59 Minimum speed regulation. (1) No person shall
drive a motor vehicle at a speed so slow as to impede the normal
and reasonable movement of traffic except when reduced speed
is necessary for safe operation or is necessary to comply with the
law.
https://www.legis.state.wi.us/statutes/Stat0346.pdf
346.02 Applicability of chapter.
(4) APPLICABILITY TO PERSONS RIDING BICYCLES AND MOTOR
BICYCLES. (a) Subject to the special provisions applicable to
bicycles,
And what are they?
346.80 Riding bicycle or electric personal assistive
mobility device on roadway. (1) In this section, “substandard
width lane” means a lane that is too narrow for a bicycle or
electric personal assistive mobility device and a motor vehicle to
travel safely side by side within the lane.
(2) (a) Any person operating a bicycle or electric personal
assistive mobility device upon a roadway at less than the normal
speed of traffic at the time and place and under the conditions then
existing shall ride as close as practicable to the right−hand edge
or curb of the unobstructed traveled roadway, including operators
who are riding 2 or more abreast where permitted under sub. (3),
except:
1. When overtaking and passing another vehicle proceeding
in the same direction.
2. When preparing for a left turn or U−turn at an intersection
or a left turn into a private road or driveway.
3. When reasonably necessary to avoid unsafe conditions,
including fixed or moving objects, parked or moving vehicles,
pedestrians, animals, surface hazards or substandard width lanes
that make it unsafe to ride along the right−hand edge or curb.
#137
@ The Human Car
What a laughable viewpoint. Does your bike or all the cars come equiped with a lazer guided measuring tape?
It doesn't make sense on any street or any highway. Is it safe forcing the passing cars left wheels to be 2 inches from the left
shoulder while going 50 mph ? Maybe then over-correcting and swerving into your lane and squishing your bike like a bug ?
What a laughable viewpoint. Does your bike or all the cars come equiped with a lazer guided measuring tape?
It doesn't make sense on any street or any highway. Is it safe forcing the passing cars left wheels to be 2 inches from the left
shoulder while going 50 mph ? Maybe then over-correcting and swerving into your lane and squishing your bike like a bug ?
#138
Senior Member

Joined: Apr 2010
Posts: 2,933
Likes: 501
From: Elevation 666m Edmonton Canada
Bikes: 2013 Custom SA5w / Rohloff Tourster
I also think and act exactly the same, whether i am driving or riding. I don't need or expect anyone to do anything but
Share the road. In a car or bike i gladly move to the right to allow a safe pass. Your VC manifesto does not exclude, preclude or FU-dude any of the common courtesies of any situation. I'll ride on a 1 ft. shoulder and calmly watch as 2 cars come passing at me at 90 mph in 14 ft lanes.
Besides that, there are Laws in several states that require slow moving vehicles who are delaying 5 vehicles, to pull over into pullouts. I bet that includes bicycles.
Share the road. In a car or bike i gladly move to the right to allow a safe pass. Your VC manifesto does not exclude, preclude or FU-dude any of the common courtesies of any situation. I'll ride on a 1 ft. shoulder and calmly watch as 2 cars come passing at me at 90 mph in 14 ft lanes.
Besides that, there are Laws in several states that require slow moving vehicles who are delaying 5 vehicles, to pull over into pullouts. I bet that includes bicycles.
#139
Senior Member


Joined: Sep 2007
Posts: 15,210
Likes: 1,741
From: Far beyond the pale horizon.
Not quite.
Section 1 does not apply to bicycles (it only applies to "motor vehicles").
Section 2 applies to all vehicles (including bicycles).
The "far right as practicable" clause (in the FRAP law you quoted) either constitutes "yielding the roadway" OR it makes the act of impeding largely moot for bicycles (because a bicycle riding FRAP isn't hindering following traffic).
That is, by riding FRAP, bicyclists are complying with the requirements of the "impeding traffic" law.
By the way, I don't think "yield the roadway" means "leave the roadway".
Other states say "keep to the right" instead (what I think WI means), which bicyclists do by riding FRAP.
Keep in mind that the requirements of any law (the FRAP law and the impeding traffic law) are only applicable if it is safe to satisfy them.
(Note that I basically agree with your point. I just don't think your argument in support of it is technically completely correct.)
Illegal for slow vehicles to block;
346.59 Minimum speed regulation.
(1) No person shall drive a motor vehicle at a speed so slow as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or is necessary to comply with the law.
(2) The operator of a vehicle moving at a speed so slow as to impede the normal and reasonable movement of traffic shall, if practicable, yield the roadway to an overtaking vehicle whenever the operator of the overtaking vehicle gives audible warning with a warning device and shall move at a reasonably increased speed or yield the roadway to overtaking vehicles when directed to do so by a traffic officer.
346.59 Minimum speed regulation.
(1) No person shall drive a motor vehicle at a speed so slow as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or is necessary to comply with the law.
(2) The operator of a vehicle moving at a speed so slow as to impede the normal and reasonable movement of traffic shall, if practicable, yield the roadway to an overtaking vehicle whenever the operator of the overtaking vehicle gives audible warning with a warning device and shall move at a reasonably increased speed or yield the roadway to overtaking vehicles when directed to do so by a traffic officer.
Section 2 applies to all vehicles (including bicycles).
The "far right as practicable" clause (in the FRAP law you quoted) either constitutes "yielding the roadway" OR it makes the act of impeding largely moot for bicycles (because a bicycle riding FRAP isn't hindering following traffic).
That is, by riding FRAP, bicyclists are complying with the requirements of the "impeding traffic" law.
By the way, I don't think "yield the roadway" means "leave the roadway".
Other states say "keep to the right" instead (what I think WI means), which bicyclists do by riding FRAP.
Keep in mind that the requirements of any law (the FRAP law and the impeding traffic law) are only applicable if it is safe to satisfy them.
(Note that I basically agree with your point. I just don't think your argument in support of it is technically completely correct.)
Last edited by njkayaker; 08-14-10 at 02:37 PM.
#140
There is a bit going on in this thread that I will not comment on.
What I would like to set straight though is the video/audio recording of the officer. Yes Massachusetts has a wiretapping law, and unfortunately it has been abused by some police and DAs for the past number of years. However, the Middlesex District Attorney, Gerry Leone, of which this matter took place in Wilmington, has recently instructed the departments of his jurisdiction that it is not illegal to publicly record video or audio of police action, so long as it does not interfere with the investigatory process. This was in response to a recent matter that I have particular knowledge of.
Congruently, the Massachusetts ACLU is also looking for a test case. Furthermore there is recent federal legislative action to specifically address the open recording of police (ie. to specifically make said recording protected, which would render any police interference illegal and actionable.)
So while Mass. courts have issued some head scratchers on this issue, it appears going forward that at least here in Middlesex, where this occurred, as long as you are open about it, and not interfering, then you do not need Police consent, and indeed it could (should) be a civil rights violation for the police to attempt in any way to interfere with said recording.
zac
EDIT: apologies in advance for grammatical-spelling errors. I am posting this on my phone.
What I would like to set straight though is the video/audio recording of the officer. Yes Massachusetts has a wiretapping law, and unfortunately it has been abused by some police and DAs for the past number of years. However, the Middlesex District Attorney, Gerry Leone, of which this matter took place in Wilmington, has recently instructed the departments of his jurisdiction that it is not illegal to publicly record video or audio of police action, so long as it does not interfere with the investigatory process. This was in response to a recent matter that I have particular knowledge of.
Congruently, the Massachusetts ACLU is also looking for a test case. Furthermore there is recent federal legislative action to specifically address the open recording of police (ie. to specifically make said recording protected, which would render any police interference illegal and actionable.)
So while Mass. courts have issued some head scratchers on this issue, it appears going forward that at least here in Middlesex, where this occurred, as long as you are open about it, and not interfering, then you do not need Police consent, and indeed it could (should) be a civil rights violation for the police to attempt in any way to interfere with said recording.
zac
EDIT: apologies in advance for grammatical-spelling errors. I am posting this on my phone.
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Last edited by zac; 08-15-10 at 03:50 PM.
#141
Surf Bum
Joined: Aug 2008
Posts: 2,184
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From: Pacifica, CA
Bikes: Lapierre Pulsium 500 FdJ, Ritchey breakaway cyclocross, vintage trek mtb.
Some states define bikes as vehicles and other states (california being one) don't. Some require anyone going slowly to pull over and let others pass, others only require that if you're going slower than your vehicle is capable of normally going (i.e. tractors and bikes going like 20mph plus aren't required to pull over when cars line up behind them because they are going their normal speed). Some have 3-foot clearance for passing rules, others don't. And so on...
#142
Senior Member


Joined: Sep 2007
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From: Far beyond the pale horizon.
Originally Posted by GamblerGORD53
Besides that, there are Laws in several states that require slow moving vehicles who are delaying 5 vehicles, to pull over into pullouts. I bet that includes bicycles.
For laws that describe behavior in traffic, one reads "vehicle" (unqualified) as including "bicycles" (note that bicycles are not "motor vehicles", and laws which qualify "vehicle" with "motor" do not apply to bicycles).
Note that the traffic laws are not generally interested in bicycles as objects but with how they are used. This is different from certain vehicles like cars, where there are a lot of laws (eg, registration laws) that are interested in them as objects!
Some require anyone going slowly to pull over and let others pass, others only require that if you're going slower than your vehicle is capable of normally going (i.e. tractors and bikes going like 20mph plus aren't required to pull over when cars line up behind them because they are going their normal speed). Some have 3-foot clearance for passing rules, others don't. And so on...
Tractors, for example, would not be exempt from the law. Bicyclists are generally exempt in a practical way because they are narrow and can ride FRAP.
That is, the impeding traffic law allow you two ways to remedy the "impeding" problem: speeding up or pulling over. And, obviously, "speeding up" isn't an option for speed-limited vehicles.
Note that it's fairly common that the state laws either require all vehicles to stay to the right or that slower vehicles do so.
Last edited by njkayaker; 08-14-10 at 03:23 PM.
#143
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Bikes: 2000 LeMond Buenos Aires / 1996 LeMond Alpe d'Huez / 2009 Scott Scale 60
All of this stuff differs depending on the states. I'm still trying to figure out why some guys are discussing Illinois law in this thread about a situation in Massachusetts.
Some states define bikes as vehicles and other states (california being one) don't. Some require anyone going slowly to pull over and let others pass, others only require that if you're going slower than your vehicle is capable of normally going (i.e. tractors and bikes going like 20mph plus aren't required to pull over when cars line up behind them because they are going their normal speed). Some have 3-foot clearance for passing rules, others don't. And so on...
Some states define bikes as vehicles and other states (california being one) don't. Some require anyone going slowly to pull over and let others pass, others only require that if you're going slower than your vehicle is capable of normally going (i.e. tractors and bikes going like 20mph plus aren't required to pull over when cars line up behind them because they are going their normal speed). Some have 3-foot clearance for passing rules, others don't. And so on...
) so I'm the guilty party for bringing up another state to the Massachusetts discussion.
#144
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Joined: Sep 2007
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From: Far beyond the pale horizon.
(Note that the internet gives you access to the MA law, even in WI!!)
#145
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“Because every state is different and I can only answer for the statues / laws I know and use which are CFR (which is federal and has nothing to do with cycling and very little with traffic at that) and Wisconsin where I’m located which would be chapter 346 “rules of the road” in the Wi statues.”
#146
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Posts: 15,210
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From: Far beyond the pale horizon.
Oh, I was very clear from the beginning;
“Because every state is different and I can only answer for the statues / laws I know and use which are CFR (which is federal and has nothing to do with cycling and very little with traffic at that) and Wisconsin where I’m located which would be chapter 346 “rules of the road” in the Wi statues.”
“Because every state is different and I can only answer for the statues / laws I know and use which are CFR (which is federal and has nothing to do with cycling and very little with traffic at that) and Wisconsin where I’m located which would be chapter 346 “rules of the road” in the Wi statues.”
The thing that you weren't clear about was why you thought that the WI law was relevant to this thread (especially, when there were a few posts indicting that MA wasn't a FRAP state).
#148
Surf Bum
Joined: Aug 2008
Posts: 2,184
Likes: 5
From: Pacifica, CA
Bikes: Lapierre Pulsium 500 FdJ, Ritchey breakaway cyclocross, vintage trek mtb.
California's minimum speed law, for example, is generally understood to excludes cyclists. It says "unless the reduced speed is necessary for safe operation, because of grade, ....etc." and clearly a bicycle can only be operated safely at it's normal speed.
Last edited by pacificaslim; 08-14-10 at 06:05 PM.
#149
Maybe in your state, but not necessarily in all others. You have a bad habit of making blanket statements using words like "never" in your posts on this forum. You really should use more qualifiers so that your statements have a chance in hell of actually being true.
California's minimum speed law, for example, is generally understood to excludes cyclists. It says "unless the reduced speed is necessary for safe operation, because of grade, ....etc." and clearly a bicycle can only be operated safely at it's normal speed.
California's minimum speed law, for example, is generally understood to excludes cyclists. It says "unless the reduced speed is necessary for safe operation, because of grade, ....etc." and clearly a bicycle can only be operated safely at it's normal speed.
#150
Surf Bum
Joined: Aug 2008
Posts: 2,184
Likes: 5
From: Pacifica, CA
Bikes: Lapierre Pulsium 500 FdJ, Ritchey breakaway cyclocross, vintage trek mtb.
There is no such state, and nothing I've said implies I believe there is. So I'm puzzled by why you are replying to my post with such a question.
I was simply trying to remind everyone that laws related to traffic and vehicles and bicycles vary widely amongst the states and that one shouldn't say things like "never" or make big blanket statements based on their local laws because they might not be true everywhere.
I was simply trying to remind everyone that laws related to traffic and vehicles and bicycles vary widely amongst the states and that one shouldn't say things like "never" or make big blanket statements based on their local laws because they might not be true everywhere.





