What constitutes a proper stop?

Another excerpt from Bicycling & the Law by Bob Mionske

"although the law requires cyclists to stop at uncontrolled intersections, stop signs, and red lights, the UVC is silent on the definition of "stopping" as specifically applied to cyclists."

"If you want to fight an unfair "stop means dismount" argument, this is the logic to use:

- I did stop, and the stop was of sufficient duration under the circumstances that any reasonable cyclists of my level of experience could safely and courteously observe and appraise the need to yield or proceed."

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Do you know your manditory use bike lanes?

Figure 1 Sample Bike Lane. Figure 2. Sample Bike Route w/small shoulder.
Did you know that one of the lanes pictured above is a NOT a mandatory use bike lane for us in Maryland? This article from AZ covers many of the issues that we face here in Maryland over the confusion with extra width that is not defined.

There seems to be a rash of confusion amongst the general public -- both motorists and cyclists -- about what constitutes a bike lane. Adding to the confusion, is the term Bike Route, and compounding all of that is penchant by all most all Maryland DOTs to paint a solid white stripe enclosing whatever space is left over between the right hand travel lane and the gutter.

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Move over, motorists

Avid bicyclists will tell you that a nice, long ride is an invigorating experience. But sometimes it gets your heart pumping for all the wrong reasons.

"There's plenty of times when you feel like that car came within inches of you," said Jeff Provisor, who owns Carpentersville's Main Street Bicycles. "Thankfully, knock on wood, I've never come into contact with a car. Motorists feel like it's an entitlement thing, like, 'What are you doing in my lane?'"

To cut down on incidents like these, Illinois lawmakers passed a law this year that will take effect starting Tuesday. Senate Bill 80 provides that motorists must leave at least a three-foot cushion when passing bicyclists on the road.

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The case of "impeding traffic" in Trotwood, Ohio

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However, more importantly, publication of the case greatly increases its precedential value to future cyclists who wish to challenge traffic citations.
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At the February 7, 2000 trial, Officer Vance testified that Mr. Selz "...was driving in the middle of the lane..." and was going "...no more than 15 miles per hour..." She further testified that "...cars had to stop and ... go over to the other lane to get around him..."

It should be noted that State Route 49 at this point consisted of five lanes, two in each direction with a universal turning lane between them. It should also be noted that Mr. Selz was charged with violating Trotwood Municipal Code Section 333.04(a), for "impeding traffic" and was not charged with a violation of Ohio Revised Code Section 4511.55(A), which requires cyclists to ride "as near to the right side of the roadway as practicable..." (This ended up as a critical distinction in the eyes of the court of appeals, as will be discussed below.)
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It became clear as the trial progressed that the City of Trotwood was going to take the position that if you can't ride 45 mph then you can be charged with "impeding traffic."
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Legally Speaking - with Bob Mionske: A fatal bias?

By Robert Mionske JD

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You raise an interesting point: many cycling deaths result in no criminal legal accountability.
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But there's another type of response I want to discuss in this column-the response from law enforcement and the media. In Bicycling & the Law, I discuss the institutional biases against cyclists, including law enforcement and media biases. Following the recent cyclist fatalities, we have seen firsthand some textbook examples of those biases. I will be discussing some of those cases in this column,
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Low powered motor bikes and the law

There are a lot of legal similarities between motor bikes equipped with a 50cc or less engine (moped or scooter) and a bicycle.

Similarities:
When traveling the speed limit or keeping up with the flow of traffic you are allowed full use of the roadway, typically the safe riding position is center of the lane. (See slow moving vehicle note)

If traveling slower then the above and if:
The road surface continues to include a shoulder or bike lane then we are required to ride there unless an exception applies (making a left turn, hazard, etc.) (See Bike lane note.)

When a lane is too narrow for car and bike to share safely side by side (less then 14 feet wide) the typical safe riding position is in the right hand tire track in the right most through lane.

Otherwise stick to the right most portion of the roadway with a typical safe riding position approximately 2 feet from the curb.

Both are prohibited from using roadways of a speed limit greater then 50mph but can travel the shoulder unless prohibited.

Dissimilarities:
A scooter cannot ride on trails (motor vehicles prohibited) and side paths (wide sidewalks designated for multi-use.)

You cannot take a scooter on mass transit.

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