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Old December 11th 10, 04:09 AM posted to rec.bicycles.tech
Jay Beattie
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Default Bicyclist Fatalities in AZ 2009

On Dec 10, 8:00*am, Duane Hébert wrote:
On 12/10/2010 10:48 AM, Frank Krygowski wrote:

On Dec 10, 8:49 am, Duane H *wrote:
On 12/10/2010 12:48 AM, Frank Krygowski wrote:


I would suggest you do more reading on this issue, but I realize the
suggestion would be rejected.


Driving a car is a privilege that can be suspended for any number of
reasons and can't even be exercised without the proper licensing. How is
that a right?


Driving is NOT a right, and of course I never said it was. *On the
contrary, I've said that society needs to emphasize that it's a
privilege.


Here cycling is given the same definition as driving with the exception
of the few lines that I pointed out in the Quebec Highway code.
The actual licensing of bikes is up to the municipality, mine being one
that chooses to take the opportunity to tax me. *Since this is not the
case across the province, they can't really enforce it as they don't
know which city I'm from when they see me riding.

Read the first two chapters of Mionske's _Bicycling& *The Law_ for
discussion of rights to the road.


He doesn't seem to be offering a free copy at his website so why don't
you tell me what it says?
Or better yet, tell us which states have the right to ride a bicycle
spelled out in their law as in Ohio?
It doesn't sound like Oregon does and I'm pretty sure that Louisiana,
New York and Massachusetts don't. *As we see, Quebec certainly doesn't.


That's the deal -- the only reason why a general book on "bicycles and
the law" makes any sense is that in the United States, most states
have adopted some version of the Uniform Vehicle Code which has about
ten or so provisions relating to bicycles. Most states have adopted
those provisions with changes, and in Oregon, significant changes.
And in Quebec, probably not at all. Anyway, I'm sure Bob would
appreciate your buying his book, but it would probably be meaningless
in Quebec, unless he has a section for each Canadian province.

I would skip his book and buy whatever the Province is publishing for
bicyclists. Every government seems to have its bicycle book. The one
in Oregon is nice, but it's wrong in a number of respects (ignores two
recent CA opinions). The ultimate authorities are the police and
common sense. The police do not care about Bob Mionske books or
glossy pamphlets. They read the law and apply it -- usually wiith an
institutional spin (the allowed passing on the right in PDX long
before it was made legal because it kept traffic moving. They want to
keep bikes out of traffic). Not that they are always right, but they
know the traffic court judges a whole lot better than the pierced
Bohemian fixie poseurs claiming that a fixed gear is a "brake" for
purposes of the UVC equipment rules for bikes.

Finally, common sense tells you that some legal maneuvers are idiotic
and counter productive in terms of usual driver response -- the "you
we're in the right but dead" scenario DR (I think) mentioned.
Bicycling is not rocket science. You don't need an advanced degree or
even a special certificate to be competent in traffic. -- Jay Beattie.
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