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Old December 10th 10, 09:38 PM posted to rec.bicycles.tech
Jay Beattie
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Posts: 4,322
Default Bicyclist Fatalities in AZ 2009

On Dec 10, 7:53*am, Frank Krygowski wrote:
On Dec 10, 2:50*am, James wrote:

On Dec 10, 5:47*pm, Frank Krygowski wrote:


On Dec 10, 12:19*am, Jay Beattie wrote:
On the twisting climbs through the West Hills, I
always just pull way over and let cars pass and do not attempt to
control traffic by riding in the middle of the road on a 10% climb at
8mph. On any narrow road downtown, I'm travelling at or above the
speed of traffic.


Speed does make a difference, both absolute speed and relative
speed.


I don't recall mention of speed in your hypothetical. *Did I miss
that?


That case was constructed so it didn't matter. *There is no safe speed
for an 8.5 foot truck to pass a moving bicyclist in a ten foot wide
lane.


Speed of the truck makes a difference because it bears on the duty to
yield (under our statute).

Another headache producing feature of our statute is the statement
that you can take the lane

". . . to avoid unsafe
operation in a lane on the roadway that is
too narrow for a bicycle and vehicle to travel
safely side by side."

It is only unsafe operation if an on-coming truck fails to cross the
center line and pass at a safe distance. There is nothing "unsafe"
about passing a bike in the usual way. It is only unsafe if the truck
refuses to cross the center-line, stays in the lane and attempts to
squeeze by "unsafely."

Our statute is also unique in its direct reference to the slow-moving
vehicle law. The UVC model statute simply says:

11-1205.Position on roadway
(a) Any person operating a bicycle or a moped 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 curb or edge of the roadway except under any of the
following situations:

When overtaking and passing another bicycle or vehicle proceeding in
the same direction.
When preparing for a left turn at an intersection or into a private
road or driveway.
When reasonably necessary to avoid conditions including, but not
limited to, fixed or moving objects, parked or moving vehicles,
bicycles, pedestrians, animals, surface hazards, or substandard width
lanes that make it unsafe to continue along the right-hand curb or
edge. For purposes of this section, a "substandard width lane" is a
lane that is too narrow for a bicycle and a vehicle to travel safely
side by side within the lane.
(b) Any person operating a bicycle or a moped upon a one-way highway
with two or more marked traffic lanes may ride as near the left-hand
curb or edge of such roadway as practicable.

This means you have to check on a state-by-state basis to determine if
the obstructing/yielding laws apply to bicycles. -- Jay Beattie.
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