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When to honk at a bicyclist



 
 
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  #151  
Old October 27th 04, 04:36 PM
Tom Keats
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In article ,
(R15757) writes:
Wayne Pein wrote in part:

The lane is in the "possession" of whoever is in front. First come,
first served.

Yeah, unless that first-comer happens to be a bicycle,
in which case that bicycle, insofar as it is moving
slower than other traffic, is obligated to move right.


Interestingly (to me), as far as I can tell, bicycles are
the only vehicles so generally discriminated against by
the law as a /type/ of vehicle. Singled-out, as it were.

Bicycles are not allowed to occupy entire lanes
whenever their operators feel like it, only when certain
specific conditions exist. Getting there first is not one
of those conditions.


Some would argue that in some certain circumstances moving
rightward would be deleterious to visibility to drivers, and
would therefore be impracticable. One example that springs
immediately to mind is where streets are heavily lined with
trees casting a lot of shadow over the side of the road. The
effect is compounded by the shade possibly concealing hazards
on or in the pavement. I can see how non-cycling drivers
might not understand or recognize such a concern, and would
assume a rider dealing with those conditions is simply being
bloody-minded.

But it's up to the bicyclist.

You're dreaming. Don't blame me, I didn't make the law,
I just ignore it.

Unless you're speaking abstractly, and not legally, in
which case I agree with you completely. It _should_ be
up to the cyclist, and the cyclist must interpret these
laws on the fly for his/her own safety.


Hmmm ... two schools of thought -- on the one hand, abstruse,
open-to-interpretation legal wording (i.e: 'practicable')
works to the cyclist's benefit; on the other, to his detriment?

I would really, really like to know fer sher, above all
argument, who truly gets to define what is practicable.
And I sure hope the answer isn't: 'everybody'.

But speaking legally, of course it is not up to the
cyclist. It sure would be interesting if it were though:
"Your Honor, I hereby declare myself not at fault, even
though Officer Friendly said I swerved into the path of
that passing vehicle.""Well ok then." (bangs gavel in
mock seriousness, judge and cyclist both laugh)


That would constitute a rear-ender. We know how those
are typically decided. When it's a /car/ that gets
rear-ended, anyways.


cheers,
Tom

--
-- Nothing is safe from me.
Above address is just a spam midden.
I'm really at: tkeats [curlicue] vcn [point] bc [point] ca
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  #152  
Old October 27th 04, 08:17 PM
Wayne Pein
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R15757 wrote:
Wayne Pein wrote in part:

The lane is in the "possession" of whoever is in front. First come,
first served.

Yeah, unless that first-comer happens to be a bicycle,
in which case that bicycle, insofar as it is moving
slower than other traffic, is obligated to move right.
Bicycles are not allowed to occupy entire lanes
whenever their operators feel like it, only when certain
specific conditions exist. Getting there first is not one
of those conditions.


Well you have your interpretation, and I'll have mine. Since here the
law does not say that bicyclists cannot occupy a full lane, then it must
be assumed they can.



But it's up to the bicyclist.

You're dreaming. Don't blame me, I didn't make the law,
I just ignore it.

Unless you're speaking abstractly, and not legally, in
which case I agree with you completely. It _should_ be
up to the cyclist, and the cyclist must interpret these
laws on the fly for his/her own safety.

But speaking legally, of course it is not up to the
cyclist. It sure would be interesting if it were though:
"Your Honor, I hereby declare myself not at fault, even
though Officer Friendly said I swerved into the path of
that passing vehicle.""Well ok then." (bangs gavel in
mock seriousness, judge and cyclist both laugh)



Your defeatest attitude will not serve you well. If you don't act and
believe you are protected by the law, then that is your fault.

If I am riding down the center of a lane, then that is the practicable
location for me at the time and traffic conditions then existing. If a
police officer believes otherwise, and they have on 3 occasions, I
challenge their authority. The 3 outcomes? I continued on my merry way
and the officers were better informed of my rights.


I guess you never filter up past a line of cars at a

light.


If it is wide enough and I get and advantage yes. I do the same in my
car if possible. But most often there is no benefit to me, so I don't do it.

"..those whose measures are dictated by mere
expediency will arouse continual discontent."
--Confucius


This quote is irrelevant to my situation.

Wayne

  #154  
Old October 28th 04, 03:44 AM
Hunrobe
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(Tom Keats)

wrote in part:

I would really, really like to know fer sher, above all
argument, who truly gets to define what is practicable.
And I sure hope the answer isn't: 'everybody'.


When words like "practicable" and "reasonable" are used in a law here in the US
the usual answer to your question is-
"Given the particular set of circumstances presented here [in a trial or suit]
what would a reasonably prudent person believe to be "practicable" or
"reasonable"? Since US law also assumes that the citizenry is by and large
"reasonably prudent", the short answer is- yup- 'everybody'. Or at least darn
near 'everybody'.

Regards,
Bob Hunt
  #158  
Old October 28th 04, 04:36 PM
Wayne Pein
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Hunrobe wrote:

(Tom Keats)



wrote in part:


I would really, really like to know fer sher, above all
argument, who truly gets to define what is practicable.
And I sure hope the answer isn't: 'everybody'.



When words like "practicable" and "reasonable" are used in a law here in the US
the usual answer to your question is-
"Given the particular set of circumstances presented here [in a trial or suit]
what would a reasonably prudent person believe to be "practicable" or
"reasonable"? Since US law also assumes that the citizenry is by and large
"reasonably prudent", the short answer is- yup- 'everybody'. Or at least darn
near 'everybody'.

Regards,
Bob Hunt


I don't know what you mean by "everybody" gets to decide what a
practicable lateral position is. "Everybody" gets to decide for
themselves what is practicable, but "everybody" doesn't mean a gaggle of
people decide where the bicyclist should ride.

Wayne

  #160  
Old October 28th 04, 06:04 PM
Badger_South
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On Thu, 28 Oct 2004 16:52:48 GMT, "B i l l S o r n s o n"
wrote:

After reading it, I think I will take my bike back to Walmart and buy
a gun instead. Riding a bike seems much too hostile and dangerous. I
think a gun is less threatening. I COULD BE WRONG!!! But based on
this thread, I am not quite sure. Mucho hostility going on here.
Peace from an old hippie looking for the simple pleasures. Thought it
could be found on a bicycle.

Bring me back to the summer of '69!! Peace love and all that other
crap to all.


And the same crap to you!

Just killfile Zoot (he hates cars and drivers) and go ride your bike.

Bill "pedal softly...and aim between the eyes" S.


Are you sure this newbie, who mentions buying a gun, knows what a
'killfile' is, Bill. LOL

-B
virtually, virtually!

 




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