View Single Post
  #32  
Old June 18th 19, 06:57 PM posted to rec.bicycles.tech
Zen Cycle
external usenet poster
 
Posts: 194
Default Hot rodding e-bikes

On Tuesday, June 18, 2019 at 1:14:55 PM UTC-4, jbeattie wrote:
On Tuesday, June 18, 2019 at 9:53:07 AM UTC-7, Frank Krygowski wrote:
On 6/18/2019 12:33 PM, Zen Cycle wrote:
On Tuesday, June 18, 2019 at 10:21:25 AM UTC-4, jbeattie wrote:

Motor pacing on a bike is illegal on the road since it is "following
too closely."

Not in massachusetts. The 'following too closely' statute applies exclusively to motorized vehicles here. I've been lectured by more than a few cops from various towns here over the (many) years, but that's it. One said "I'd ticket you if I could".


I knew one local rider who got a "following too closely" ticket. The
judge and his staff laughed about it, and the judge threw it out.



Following a car too closely is probably an offense here because of our case law and the statute making the rules of the road that apply to "motor vehicles" equally applicable to bicycles with exceptions:


ORS 814.400

(1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:

(a) Those provisions which by their very nature can have no application.

(b) When otherwise specifically provided under the vehicle code.

(2) Subject to the provisions of subsection (1) of this section:

(a) A bicycle is a vehicle for purposes of the vehicle code; and

(b) When the term “vehicle” is used the term shall be deemed to be applicable to bicycles.

(3) The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care.


The fact that a rule of the road expressly references "motor vehicles" is not enough to exempt bicycles -- according to our CA.

The "following too closely" statute is also pretty vague, leaving open the question of what is "reasonably prudent." With two consenting cyclists, a few inches may be reasonably prudent.

Note that the statute also differentiates between "motor vehicle" and vehicle, making it clear that following a bicycle in a car too closely is also an offense.


ORS 811.485

(1) A person commits the offense of following too closely if the person does any of the following:

(a) Drives a motor vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of, the highway.

* * * * *

-- Jay Beattie.


We have the "Cyclists' Bill of Rights"

https://www.massbike.org/laws
Ads
 

Home - Home - Home - Home - Home