🚀 go-pugleaf

Donald L. Nash (D.Nash@utexas.edu) wrote:

: Please stick to the topic.  Bikes may be environmentally friendly and
: healthful, but this has nothing to do with the topic being discussed. 
: Someone asserted that bikers have the same rights and responsibilities as
: drivers and I have challenged that assertion.  The environmental
: friendliness and healthfulness of bikes has nothing to do with this.

:                                 ++Don Nash

: Internet: D.Nash@utexas.edu     The University of Texas System
: THEnet:   THENIC::DON           Office of Telcommunication Services

Texas law specifically states that bicycles have the same rights and 
obligations to obey laws as motor vehicles on roadways. This includes and 
has been interpreted in courts that bicycles imitating motor vehicles are 
within the law unless local ordinance prohibits such behaviour. 

Basically courts have constantly uphelp that bicycles may legally "hold 
up traffic" and "get in the way" if the bicycle rider deems such 
behaviour neccessary for safety and if such behaviour is within the 
bounds of the law. 

The US Commerce Department did a study of bicycle traffic some years ago 
that concluded such interpretation of law and the law itself was pretty 
much the safest way to integrate bicycle and automobile traffic. Most 
states have laws which are very similar to Texas law.

I do not have the study in front of me but I will try to remember it as 
best I can. I remember mostly the conclusions.

Statement: "Bikes should ride on the sidewalk when available. This is 
safer." The study concluded that bicyclists using sidewalks were several 
times more likely to be involved in accidents if using the sidewalk. the 
study pretty much negated the statement.

Statement: "A cyclist should stop and walk his/her bike across busy 
intersections." The study also concluded this statement false. Riders 
asre more likely to be involved in accidents if they walk their bicycle 
across the intersection than if they rode with motor vehicles.

Statement: "Cities and states should install bicycle lanes." The study 
also showed that bicycle lanes are not safe in general.

The study concluded that riders riding in traffic along with motor 
vehicles were statistically the least likely category of bicycle riders 
to be involved in accidents.

The study also stated that in accident cases in which enough information was 
available (i.e. in cases were both driver and rider participated) and where 
the motor vehicle driver was at fault that the motor vehicle driver was 
ignorant of bicycle law more than 50% of the time.

The study pretty much concluded that the old myths of bicycle traffic are 
incorrect. The study pretty much reinforces the trend of Texas law that 
"getting in the way" and holding up traffic" are the safe ways to go.

You may think that riders have no rights. Thankfully law disagrees with 
you and thankfully the facts confirm that riding traffic is the safer way 
to go.

The unfortunate fact is that in many locales police officers are unaware 
of these facts. In fact in many locales they are unaware of bicycle law 
in general. In Dallas for example the Police Department was so ignorant 
in the early 80's that the Greater Dallas Bicyclists had the chief of 
Police draft a letter stating bicyclists rights. Now the Dallas Police 
uses bicycles in its force and is well aware of bicycle law.

Some drivers may wish cyclists to "get out of the way" but fortunately 
law and common sense are on the cyclists side.


Andrew Laska