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- the statutory duty of cyclists to share two lane roads
- By:admin
- There is ample basis for a common understanding that SMV FRAP laws governing all vehicles are to facilitate overtaking by faster traffic. Long held as a road sharing standard that far predates statutory traffic codes, a duty to share the road by turning to operate to the right, as far to the right as practicable to the edge of the road, safely, has long been part and parcel of the social contract of public road use.
There seems to be a mistaken perception among some bicycle drivers that under SMV laws a duty to facilitate overtaking would be obviated anytime they ride on a laned road, and that a cyclists' duty to facilitate overtaking would no longer a requirement on two laned roads.
that is a curious interpretation of traffic laws that clearly are written and have been shown to clearly require facilitating overtaking. Suggestions a duty to facilitate overtaking is no longer a requirement on any laned roadway is simply not supportable.
Indeed, it is on two lane roads that sharing the road and facilitating passing is at its most crucial, and form the basis of SMV-FRAP laws.
There is also an position advanced by some bicycle drivers that statutes that use the wording 'right hand lane available for traffic' refers to a two lane road. This position is incorrect. Vehicles on two laned roadways are generally prohibited from operating to the left of the middle of the road. Arguing that 'right hand lane' would indicate the opposing lane is the left hand lane available for traffic is erroneous and unsupportable in standards of statutory construction.
a law that in its wording has 'right hand lane available for traffic' most clearly does NOT indicate that a two lane road has a left hand and a right hand lane for traffic to travel side by side in the same direction.
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While I agree that 'right hand lane available for traffic' clearly does not refer to a two lane road, I disagree with your statement that vehicles are generally prohibited from operating to the left of center on two lane roads. I agree that vehicles are often prohibited from crossing to the left of center, but using the word "generally" implies that such a condition exists on the majority of two-lane mileage, and that is not my experience.
I am concerned that your strident tone here suggests that you consider a vehicle that is overtaking another to have the right of way. It seems as though you may even suggest that the slower vehicle must clear the way rather than that the faster vehicle must look for a safe place to pass. Hopefully I'm just reading in something that was not intended to be conveyed.
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The other thread gets closed and ten minutes later, you are still at it with a new thread.
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I am concerned that your strident tone here suggests that you consider a vehicle that is overtaking another to have the right of way. It seems as though you may even suggest that the slower vehicle must clear the way rather than that the faster vehicle must look for a safe place to pass. Hopefully I'm just reading in something that was not intended to be conveyed. And imagine when police and judges start reading it the same way.
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different topic, CBHI. that was about california bike advocacy gone sour, this is a related thread on how to share the road safely and the fundamental duties of cyclists that thread may have touched on.
While I agree that 'right hand lane available for traffic' clearly does not refer to a two lane road, I disagree with your statement that vehicles are generally prohibited from operating to the left of center on two lane roads. I agree that vehicles are often prohibited from crossing to the left of center, but using the word "generally" implies that such a condition exists on the majority of two-lane mileage, and that is not my experience.
I am concerned that your strident tone here suggests that you consider a vehicle that is overtaking another to have the right of way. It seems as though you may even suggest that the slower vehicle must clear the way rather than that the faster vehicle must look for a safe place to pass. Hopefully I'm just reading in something that was not intended to be conveyed. I may have sounded strident, but it's only because just as the discussion started into the fundaments of the laws being interpreted badly in California, it got closed down because the thread had generated interest from people that had a difference of opinion. Wierd. Anyhoo,
Traffic laws in all states restrict operation of vehicles to the right of the center line except in making turns or passing so a statement that it is generally prohibited is correct.
