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#151
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#152
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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 |
#153
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#154
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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 |
#155
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Zoot Katz wrote in message ...
25 Oct 2004 13:01:17 -0700, , (R.White) wrote: Hey fukwit, you're getting boring. That's why you've had your head up my ass for the last 8 days, I was looking for your brain. hypocrite. go tinkle I just recently purchased a bike to ride in my nice, little, safe town in suburban New Jersey. Many parks, safe suburban streets, very little crime etc. I thought it would be a nice relaxing hobby and good exercise. I also thought it would be nice to write to other people who ride bicycles.....(this is how I ended up reading this very informative thread) :-) 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. |
#157
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Hunrobe wrote:
Wayne Pein wrote in part: 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. An alternative explanation would be that those three police officers decided to allow you to continue on your merry way not because you were right but simply because your violation wasn't worth the headache. Regards, Bob Hunt First, it wasn't a violation. All three occasions happened on multi lane roads in which I pointed out motorists could and did pass me in the left lane. The officers agreed. I could have fibbed and said I was preparing to enter the left lane to turn left. Had it occurred on a 2 lane road, I may have pointed out that the lane was too narrow for me to allow motorists to pass in my lane. Second, regardless of the explanation for the police leaving me alone, I proved my point that attempting to micro manage bicylcists' lateral position here in NC doesn't fly. Regards, Wayne |
#158
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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 |
#159
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Maggie wrote:
Zoot Katz wrote in message ... 25 Oct 2004 13:01:17 -0700, , (R.White) wrote: Hey fukwit, you're getting boring. That's why you've had your head up my ass for the last 8 days, I was looking for your brain. hypocrite. go tinkle I just recently purchased a bike to ride in my nice, little, safe town in suburban New Jersey. Many parks, safe suburban streets, very little crime etc. I thought it would be a nice relaxing hobby and good exercise. I also thought it would be nice to write to other people who ride bicycles.....(this is how I ended up reading this very informative thread) :-) 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. |
#160
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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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