Law and Order

JUL 2013

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where the law does not specifcally exclude non-motorized vehicles, it provides for the reasonable speed of the vehicle in question, thus accommodating farm tractors, horse carriages and bicycles. Why is it cyclists are being cited for "impeding" when they are actually driving defensively and in a manner reasonable for their vehicle? The Law Some bikes require more space on the roadway. crashes and near-misses cyclists experience. Hugging the edge of the road is actually dangerous for a number of reasons. Most traffc lanes are too narrow to safely accommodate a motor vehicle and cyclist side by side. Cyclists who keep right so motorists can pass them without changing lanes actually encourage close passes and sideswipes. Cyclists who ride farther left and control the lane report no such problems. Motorists pass them in an adjacent lane. If they have to slow down and wait for an opportunity to pass, that's OK. Empirical evidence shows that any delays motorists experience waiting to pass are usually 30 seconds or less. Bike lanes make cycling safer: In fact, bike lanes were created because of the myth listed above and the desire for a separate space. Bike lanes force cyclists to ride on the edge, sometimes even in the "door zone" of parked cars, where they might be directly hit or startled into swerving in front of traffc. Channeling bicyclists to the right of other traffc encourages them to be unpredictable— unexpectedly passing slower traffc on the right. When cyclists are forced to ride on the edge of the roadway conficts arise at intersections and driveways—the most common location of bicycle/ motorist crashes. There the cyclist's position conficts with turning cars—thru cyclists are to the right of right-turning vehicles and are often screened from the view of drivers turning left. Bicycle paths are safest for cyclists: Since paths fall outside the scope of traffc laws, behavior on them is unregulated, unpredictable and unenforceable. Conficts and crashes increase at intersections. Unlike roads, paths don't go everywhere people need or want to go. Cyclists riding in the middle of the traffc lane will impede traffc: Where "impeding" laws exist, nearly all clearly state that only drivers of motor vehicles can illegally impede. In the six states In every state, bicycles are either defned in statutes as a vehicle or cyclists are given the same rights and responsibilities as other vehicle drivers. They have the right to use most roadways, which means the fog line to the centerline. The term "roadway" does not include the shoulder. In many non-snow states, shoulders may be non-existent or too narrow to be rideable. While most states forbid bicycles on freeways, some western states—with vast open space and fewer roads—allow cyclists to ride the shoulder of controlled access highways. Only New York, Hawaii and Alaska mandate shoulder use if it is safely usable. Most states require cyclists to ride "as far to the right (FTR) as practicable to the right-hand curb or edge of the roadway." This sentence is often misunderstood. For purposes of the statute language "practicable" means as close to the right edge as is safe and reasonable under existing or probable conditions. It does not mean as close as possible to the right-hand curb or edge of the roadway. Moreover, it is up to each cyclist to decide where he/she believes is safest. After all, the cyclist not only has the least protection, but also is passed with the highest speed differential. Many statutes list specifc reasons why cyclists need to ride farther left within a lane. These include avoiding road hazards, preparing for a left turn, passing another vehicle, or avoiding objects such as parked cars, pedestrians or animals. The most signifcant reason given is a "substandard width lane" within which a cyclist and motorist cannot pass safely side by side. This last reason is the most misunderstood, largely because it applies to the majority of traffc lanes on today's roadways—making the exception the rule. Anywhere bicyclists choose to ride in such a lane is legal. More experienced cyclists choose to "control the lane." By using a large portion of the lane, cyclists send a clear message to motorists that they must change lanes to pass when safe and legal to do so. Cyclists legally controlling a narrow lane cannot by defnition "impede traffc" even though they are moving substantially slower than surrounding traffc. It is important to remember that a traffc lane is a public utility there for the purpose of moving people, not merely motor vehicles. Substandard Width Lanes It may shock many to learn that a 12-foot-wide lane is considered a "substandard width" for the purpose of this statute. Federal roadway design standards suggest a cyclist needs a minimum of 4 www.lawandordermag.com 53

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