“Take the Lane” Court Case - Columbus OH
Michael O’Shaughnessy as ticketed under Columbus Municipal Code 2173.04 for not riding his bike as far to the right side of roadway as possible [Note the misstatement of the law]. He was apparently riding his bicycle in the middle of the curb lane on High Street…."controling the lane" in a manner that he felt was warrented due to traffic, weather, and road conditions. It was 11:30 at night, rainy, and low-no traffic on southbound High St near Nationwide…where he was cited by police.
He is being defended by Doug Morgan, who is on the Consider Biking Board of Directors. Assuming there are no other circumstances we’re aware of, the bicyclist’s behavior to protect himself and take a visible position….clearly falls within legal parameters. We feel that this court case will present an opportunity to educate cyclists, motorists, even the police force, regarding the rights and responsibilities of bicyclists.
Consider Biking worked for six months in late 2008 to provide leadership & feedback to the enhancement of the Columbus Municipal Code regarding bicyclists’ rights and responsibilities on our roadways. We have some very progressive language that protects bicycists that ride as "vehicular cyclists" on our roadways.
Columbus Municipal Code:
2173.04] - Bicycle to be ridden near right side of roadway; riding bicycles and motorcycles abreast.
(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.
(B) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two (2) abreast in a single lane, except on shared-use paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.
(C) This section does not require a person operating a bicycle to ride at the edge of the roadway or within a marked bike lane when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway or outside of a marked bike lane include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.
From: <a href="http://www.bikeforums.net/showthread.php?614745-Take-the-Lane-Court-Case-Columbus-OH">http://www.bikeforums.net/showthread.php?614745-Take-the-Lane-Court-Case-Columbus-OH</a>;
Follow up: <a href="http://www.baltimorespokes.org/article.php?story=20100115124102332">http://www.baltimorespokes.org/article.php?story=20100115124102332</a>;