Comments on: Take the lane http://azbikelaw.org/blog/take-the-lane/ Cycling, traffic safety and legal topics; energy, transit and transportion economics Sat, 04 Feb 2012 03:33:13 +0000 hourly 1 http://wordpress.org/?v=3.3 By: azbikelaw http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-11254 azbikelaw Fri, 18 Nov 2011 22:03:06 +0000 http://azbikelaw.org/blog/?p=818#comment-11254 "take the lane" case from Columbus, Ohio OH: http://douglasmorgan.typepad.com/two_wheeling/2010/01/a-twowheeling-court-victory-in-cbus.html “take the lane” case from Columbus, Ohio OH:
http://douglasmorgan.typepad.com/two_wheeling/2010/01/a-twowheeling-court-victory-in-cbus.html

]]> By: azbikelaw http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-9510 azbikelaw Fri, 26 Aug 2011 18:47:45 +0000 http://azbikelaw.org/blog/?p=818#comment-9510 some additional info from <a href="http://sports.groups.yahoo.com/group/chainguard/message/29534" rel="nofollow">Wayne Pein</a>: Trucks and buses can be a maximum of 8.5', not the 8' as in the article. Further, per AASHTO bicycles are 30" with an essential operating space of 40" to account for tracking wobble. In essence, a moving design bicyclist is 40" wide, not 24". The referenced diagram with a 7' car including mirrors is a mistake and a 2' bicyclist is a mistake. Roadway designers design for the existence of trucks. Lane width and lateral clearance to bicyclists must account for the inevitability of trucks with mirrors that make their width 10'. some additional info from Wayne Pein:

Trucks and buses can be a maximum of 8.5′, not the 8′ as in the article. Further, per AASHTO bicycles are 30″ with an essential operating space of 40″ to account for tracking wobble. In essence,
a moving design bicyclist is 40″ wide, not 24″. The referenced diagram with a 7′ car including mirrors is a mistake and a 2′ bicyclist is a mistake. Roadway designers design for the existence of
trucks. Lane width and lateral clearance to bicyclists must account for the inevitability of trucks with mirrors that make their width 10′.

]]> By: Some cyclists just won’t stay in the gutter @ Arizona Bike Law Blog http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-3628 Some cyclists just won’t stay in the gutter @ Arizona Bike Law Blog Sat, 07 Aug 2010 23:30:31 +0000 http://azbikelaw.org/blog/?p=818#comment-3628 [...] The only trouble with Officer’s story is, there is no bike lane there. I confirmed this with Flagstaff multi-modal coordinator Martin Ince by telephone.  There is a narrow shoulder that varies from around 2 feet to as wide as 4 feet in some places. According to the cyclist the area of the alleged violation a photo with measuring stick reveals about 2 feet of shoulder. What about the lane, that is Lane number 2? It’s around 11 feet — clearly narrow, see Take the lane. [...] [...] The only trouble with Officer’s story is, there is no bike lane there. I confirmed this with Flagstaff multi-modal coordinator Martin Ince by telephone.  There is a narrow shoulder that varies from around 2 feet to as wide as 4 feet in some places. According to the cyclist the area of the alleged violation a photo with measuring stick reveals about 2 feet of shoulder. What about the lane, that is Lane number 2? It’s around 11 feet — clearly narrow, see Take the lane. [...]

]]> By: Bicycles aren’t vehicles @ Arizona Bike Law Blog http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-3573 Bicycles aren’t vehicles @ Arizona Bike Law Blog Sat, 31 Jul 2010 15:04:05 +0000 http://azbikelaw.org/blog/?p=818#comment-3573 [...] first is that justice and municipal courts often make errors. See Take the Lane for just three examples of justice/muni court decisions reversed on cyclist cases. These courts are [...] [...] first is that justice and municipal courts often make errors. See Take the Lane for just three examples of justice/muni court decisions reversed on cyclist cases. These courts are [...]

]]> By: Steve A http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-3372 Steve A Fri, 25 Jun 2010 10:55:23 +0000 http://azbikelaw.org/blog/?p=818#comment-3372 Slow moving vehicles are a target of the majority most places they are not rare. Serge is right; but that principle should extend to other road users uniformly. A Segway may be a toy vehicle but the way it operates on the road makes it a similar problem to pass as a cyclist or a couple in a golf cart. Slow moving vehicles are a target of the majority most places they are not rare. Serge is right; but that principle should extend to other road users uniformly. A Segway may be a toy vehicle but the way it operates on the road makes it a similar problem to pass as a cyclist or a couple in a golf cart.

]]> By: AZGOHS supports cyclist’s rights @ Arizona Bike Law Blog http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-2758 AZGOHS supports cyclist’s rights @ Arizona Bike Law Blog Mon, 01 Mar 2010 15:43:55 +0000 http://azbikelaw.org/blog/?p=818#comment-2758 [...] agencies which result in improper application of the law(e.g. Flagstaff, Flag/Coconino Sheriff, Tempe & Pima Sheriff …) http://www.azgohs.gov/transportation-safety/default.asp?ID=16 [...] [...] agencies which result in improper application of the law(e.g. Flagstaff, Flag/Coconino Sheriff, Tempe & Pima Sheriff …) http://www.azgohs.gov/transportation-safety/default.asp?ID=16 [...]

]]> By: Judge to cyclist: ride in the gutter pan @ Arizona Bike Law Blog http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-2690 Judge to cyclist: ride in the gutter pan @ Arizona Bike Law Blog Tue, 16 Feb 2010 22:23:18 +0000 http://azbikelaw.org/blog/?p=818#comment-2690 [...] deputy’s testimony dripped of the usual false or misguided paternalism; that it’s “too dangerous” to impede [...] [...] deputy’s testimony dripped of the usual false or misguided paternalism; that it’s “too dangerous” to impede [...]

]]> By: azbikelaw http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-2579 azbikelaw Wed, 03 Feb 2010 22:26:23 +0000 http://azbikelaw.org/blog/?p=818#comment-2579 Here is a case that was won in Columbus, OH. I noticed that the lane in question there was 11'3" -- all three of the Arizona cases detailed above involve 11' lanes. http://www.considerbiking.org/we-win-take-the-lane-case/ http://douglasmorgan.typepad.com/two_wheeling/ Here is a case that was won in Columbus, OH. I noticed that the lane in question there was 11’3″ — all three of the Arizona cases detailed above involve 11′ lanes.

http://www.considerbiking.org/we-win-take-the-lane-case/
http://douglasmorgan.typepad.com/two_wheeling/

]]> By: Richard C. Moeur http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-2546 Richard C. Moeur Fri, 29 Jan 2010 21:09:34 +0000 http://azbikelaw.org/blog/?p=818#comment-2546 Had a recent experience with Phoenix Police - see http://www.richardcmoeur.com/redbluagain.html After an earlier incident, I created a diagram depicting lane sharing dimensions - see http://www.richardcmoeur.com/docs/sharewidth.pdf rcm Had a recent experience with Phoenix Police – see
http://www.richardcmoeur.com/redbluagain.html

After an earlier incident, I created a diagram depicting lane sharing dimensions – see
http://www.richardcmoeur.com/docs/sharewidth.pdf

rcm

]]> By: Serge Issakov http://azbikelaw.org/blog/take-the-lane/comment-page-1/#comment-2544 Serge Issakov Fri, 29 Jan 2010 19:15:13 +0000 http://azbikelaw.org/blog/?p=818#comment-2544 At some point the argument needs to be made that the only purpose these bike-specific laws serve is to allow biased law enforcement officers (and lower court judges) to misinterpret them per their anti-bike bias, and wrongfully charge and fine bicyclists. Many states do not have bike-specific laws (Pennsylvania and North Carolina are two examples), and there is no chaos or mayhem as a result. The laws that govern the behavior of drivers of slow moving vehicles are appropriate and sufficient for governing the behavior drivers of bicycles when they are moving slower than other traffic. To eliminate anti-bike bias in law enforcement, how about starting a campaign to abolish traffic laws that restrict the behavior of bicyclists specifically? And no, we don't need to have bike-specific law to give us the right to "take the lane" - all drivers, including those operating slow moving vehicles, have the right to control marked lanes - and so would bicyclists if there was no bike-specific law calling for "far right as practicable" (FRAP) behavior in marked lanes. FRAP should only apply to bicyclists on roads without marked lanes, as it does to all drivers of slow-moving vehicles, which it would if there were no bike-specific restrictive laws. At some point the argument needs to be made that the only purpose these bike-specific laws serve is to allow biased law enforcement officers (and lower court judges) to misinterpret them per their anti-bike bias, and wrongfully charge and fine bicyclists.

Many states do not have bike-specific laws (Pennsylvania and North Carolina are two examples), and there is no chaos or mayhem as a result. The laws that govern the behavior of drivers of slow moving vehicles are appropriate and sufficient for governing the behavior drivers of bicycles when they are moving slower than other traffic.

To eliminate anti-bike bias in law enforcement, how about starting a campaign to abolish traffic laws that restrict the behavior of bicyclists specifically?

And no, we don’t need to have bike-specific law to give us the right to “take the lane” – all drivers, including those operating slow moving vehicles, have the right to control marked lanes – and so would bicyclists if there was no bike-specific law calling for “far right as practicable” (FRAP) behavior in marked lanes.

FRAP should only apply to bicyclists on roads without marked lanes, as it does to all drivers of slow-moving vehicles, which it would if there were no bike-specific restrictive laws.

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