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Friday, August 29 2014 @ 01:30 AM UTC

Can cyclists be charged with impeding traffic

Biking ElsewhereA legal brief from a higher court in Florida about a cyclists wrongfully charged with impeding traffic. The Summary of Argument starts on page 10.

https://docs.google.com/leaf?id=0Bz89fSgmFcbnZTNjYzY4YzEtMTIzOS00N2ViLTk3NDQtZjk2YjhjYzAwZTA5&sort=name&layout=list&num=50

I hope this clarifies what the law says and does not say and as proof MVA is flat out wrong, MVA is in the business of offering guidance not legal opinions, so while guidance encourages us to use space outside the flow of motoring traffic, law also qualifies that space must be safe for us to ride. It seems that some approach this as an analog problem and cyclists need to find an exception for each foot from the edge of the roadway they ride but they law is more quantitative, if there is not enough space engineered for cyclists to be wholly outside the flow of traffic then they have the right to the entire lane. While what constitutes a safe place to ride wholly outside the flow of motoring traffic is a whole discussion in and of itself but my point here is on narrow country roads there is no legal obligation to "ride the stripe" or "to move aside" and let motorists pass. Courtesy in this situation is negotiated, that is as much as motorists would like to see the cyclists move right, cyclists would like to see motorists move left and that is an aspect of the 3' law we would like to get across... if a cyclists is being courteous by riding far right, motorists now have a legal obligation to move left in order to pass but either way a motorist must move at least partially into an adjacent lane as it is often a physical impossibility to "get out of the way." It is just a shame that MVA totally missed this point and put the onus on cyclists to "get out of the way."

Follow up to "The third time is a charm on cyclists don't have the responsibility to move aside" http://www.baltimorespokes.org/article.php?story=20101012170700484

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