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Road Rights- Where You Belong

Cyclists have a right to the road, but where we should be on that road depends on state law and conditions. Generally there are bicycle-specific statutes requiring us to ride as close to the right as practicable. “Practicable” means that, if the law in your area requires it, you must ride as far to the right as can reasonably be accomplished under the conditions. It does not mean that you must ride as far to the right as possible, although police will often interpret it that way. “As far as possible” may not be reasonable, because it may not be safe, whereas “as far as practicable” means essentially “as far as is safe.”

In the Uniform Vehicle Code (a suggested standard for states; actual state laws may vary), cyclists are required to ride “as close as practicable” to the right if they are riding “at less than the normal speed of traffic at the time and place and under the conditions then existing.” So if a cyclist can keep up with traffic, then he or she can legally ride in any lane. If a group of cyclists are the only vehicles on the road, then they are setting the speed of traffic. But for common courtesy and good public relations, they should ride as close to the right as is safe when cars would like to pass.

There are exceptions to this rule—for example, when the cyclist is passing another cyclist or preparing to make a left turn. And the code elaborates on hazards that make riding to the right less feasible, such as “fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard-width lanes.” Also, on a one-way road with two or more lanes, a cyclist may choose instead to ride as close to the left as practicable.

So who decides how close to the edge is safe? You do, although your decision needs to be reasonable. For example, near parked cars, you determine how close to the “door zone,” the area where doors would be a hazard if suddenly opened, you can safely ride. You determine if broken glass or a narrow lane poses a threat that justifies riding farther to the left. You are not required to ride to the right and weave at the last moment to avoid hazards; that would be unsafe. Instead, choose a road position that allows you to ride a straight, predictable line, as close to the right as is safe.

What happens if a police officer decides that your road position is not legal? Because the officer’s determination is as subjective as yours, a court will need to make a judgment. State laws vary, but one thing is clear—you have the right to the road, and with that comes the right to make reasonable decisions about your safety.

Research and drafting by Rick Bernardi, J. D.

 

Now read the fine print:
Bicycle and the Law, Bob MionskeBob Mionske is a former competitive cyclist who represented the U.S. at the 1988 Olympic games (where he finished fourth in the road race), the 1992 Olympics, as well as winning the 1990 national championship road race.
After retiring from racing in 1993, he coached the Saturn Professional Cycling team for one year before heading off to law school. Mionske's practice is now split between personal-injury work, representing professional athletes as an agent and other legal issues facing endurance athletes (traffic violations, contract, criminal charges, intellectual property, etc).
Mionske is also the author of Bicycling and the Law, designed to be the primary resource for cyclists to consult when faced with a legal question. It provides readers with the knowledge to avoid many legal problems in the first place, and informs them of their rights, their responsibilities, and what steps they can take if they do encounter a legal problem.
 
If you have a cycling-related legal question, please send it to mionskelaw@hotmail.com Bob will answer as many of these questions privately as he can. He will also select a few questions each week to answer in this column. General bicycle-accident advice can be found at www.bicyclelaw.com.
Important notice:
The information provided in the "Road Rights" column is not legal advice. The information provided on this public web site is provided solely for the general interest of the visitors to this web site. The information contained in the column applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained in this column does not mean you have established an attorney-client relationship with attorney Bob Mionske. Readers of this column should not act upon any information contained in the web site without first seeking the advice of legal counsel.

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