Showing posts with label overtake. Show all posts
Showing posts with label overtake. Show all posts

Tuesday, April 19, 2011

Deja Vu All Over Again

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Sadly, another VC hit from-behind wreck happened here in Dallas, this time to a middle-aged couple on a tandem.

The collision happened within 200 feet of the crash I reported last month, but this time in broad daylight.

The Stoker on the tandem suffered a sprained ankle and a deep two inch gash that required ten stitches to close. The Captain was bruised.

Surprisingly, both are expected to fully recover in spite the fact that neither were wearing a helmet. The tandem's rear wheel will be fine when the rim and spokes are replaced.

The driver of the car may have been distracted by one or more of the five children who were her passengers. She locked up the brakes on her car before hitting the tandem.

The tandem was traveling about ten miles per hour centered in the right travel lane on a road with a forty MPH speed limit. The motorist struck the bicycle on her license plate- perfectly centered in the middle of her bumper.

Because she had no car insurance, her car was impounded.

City assets involved in this incident was one EMT ambulance with three EMT personnel, one fire engine with three firemen, six police units and six police officers.

Sunday, December 20, 2009

Something I'm Wondering About

If cycling two abreast is rude behavior and a crime against humanity, why are we then expected to travel two abreast with an automobile?

That is, if it is bad behavior and wrong to cycle side-by-side with another cyclist within a travel lane, why is it then expected that we should ride side-by-side with all motorists within the lane? Who is being rude in that circumstance?

Monday, November 23, 2009

Honk Report From Ennis

Four honks in twenty miles! And that is only counting the geese wanting to overtake, not the honks from annoyed motorists in opposing lanes.

On the route I needed to traverse today, I could have predicted two of them, because Texans think a cyclist ought not be in the travel lane if there is an improved shoulder. But the other two were extremely rare.

In chronological order:

First Goose; This fella had the bad luck to come up to me at place where he could not pass me safely in the 55 MPH signed speed limit road, shown here.



He stayed behind me and honked as if I were the one without the right of way. I guess he failed to remember the rule when he first got his driver's license that the faster traffic has a duty to overtake slower traffic in a safe manner in with due care. Perhaps he needs a refresher course!

Rather than passing me on the blind hill like many of his neighbors do, he waited until we got over the rise to pass me. He came up beside me on my left in the other lane, and slowed to set me straight about how to ride a bicycle. He had to occupy the opposing lane to do this because I was maintaining my position in the left tire track. If anyone cares, he was driving a recent model heavy duty red pick-up truck. Oh, and I spat in his direction as he began to overtake me. SOP. [1]



Middle aged red pickup driver: "You need to stay out of the road, someone’s going to run you over!" These words were not said in a angry tone, just a raised voice to be heard over the truck’s noise.

Middle aged bicycle rider: "So you admit that you are such an incompetent driver that you would run into a bicycle in the middle of your lane?" Yes, I really did ask him that.

Middle aged red pickup driver, after a pause; "It’s really dangerous to ride like that!"

I then studiously ignored him until he continued on his way.

I very rarely get honked at (Or even shot, for that matter!) on these two lane roads. That alone was unusual. But this fella, after being annoyed that I was causing him a trivial delay, adds 40 seconds or so to his delay by pacing me!

Silly goose!

Second goose;

On north Kaufman, traveling north, just after it is reduced from a four lane to a two lane, this goose honked multiple times. Then he passed me on the improved shoulder at this spot:



As he passed, I spat in his direction, SOP. As he re-entered the roadway, realizing that he had been insulted he slammed on his brakes, coming to a complete stop, and marking the road like this:



I avoided him and came to a stop beside him. This is the hardest position for a motorist to strike you with his car.

Rolling down the passenger window he communicated to me.

Angry automobile driver; "You can't ride in the middle of the road, you are in the way of cars!"

Calm and witty cyclist; [2] "You have a duty to pass slower traffic in a safe manner and with due care."

Angry automobile driver; "Your not supposed to be in the way of traffic!"

Calm and witty cyclist; "One of us here has operated in a legal manner, and the other one has not."

Angry automobile driver; "I haven't done anything wrong! Your the one breaking the law!

Calm and witty cyclist, as traffic begins to work their way around us on the shoulder; "You don't call a panic stop in the middle of the lane reckless driving?" I suppose it should be noted that his right front fender was crumpled as was his left rear fender. I suppose he could've used working anti-lock brakes. Just say'n.

This comment seems to get him worked up. The angry automobile driver then said, roughly translated; "I have a good mind to hurt you in a bad way and make sure you stay at the side of the road!"

The calm and witty cyclist said; "Four seventy-five ex eitch are."

Confused automobile driver; "What?"

Calm and witty cyclist; " Your license plate number, four seventy-five ex aitch are."

As he speeds off, I re-enter the traveled portion of the roadway and continue on my way.

After being so upset by my having delaying his trip that he broke the law by passing me on the shoulder, [3] he recklessly stops in the lane to spend over a minute "speaking" to me.

Silly goose.

Third goose; Now traveling south on north Kaufman, I ride into a construction zone where Kaufman's four lanes have been reduced to two. Another motorist honks like in a futile attempt to improve the situation. As the road expands to normal lanes I do not spit, being unsure of which driver following me had poor impulse control. I pull up to a stop behind them at the next light.

Silly goose!

Fourth goose; As I nearly complete the final part of my ride, on the 55 MPH signed speed limit two lane that connects to my driveway, while safely overtaking me in the oncoming lane, the elderly man honks as he goes by. Did he know about my SOP?

Silly goose!

It is uncommon that anyone ever honks at me on a two lane without a shoulder. Both honking and passing on the right are expected on a two lane with a shoulder. Four same direction honks and two opposite direction honks in twenty miles is considerably odd.

Two of them were sufficiently outraged by my lawful behavior to interrupt their trip to publicly chastise me. They were not satisfied with simply being ignorant of the traffic laws. In their certitude, they were determined to make sure everyone was aware of their ignorance!

[1] SOP: Standard Operating Procedure

[2] Hey it's my story, and I can tell it any way I like.

[3] He illegally passed on the right: Sec. 545.053.(a) An operator passing another vehicle shall pass to the left of the other vehicle at a safe distance.
He illegally traveled on the shoulder:
Sec. 545.057.(b) An operator may not pass to the right by leaving the main traveled portion of a roadway except as provided by Section 545.058.
Sec. 545.058.(a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:
(1)  to stop, stand, or park;
(2)  to accelerate before entering the main traveled lane of traffic;
(3)  to decelerate before making a right turn;
(4)  to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;
(5)  to allow another vehicle traveling faster to pass;
(6)  as permitted or required by an official traffic-control device; or
(7)  to avoid a collision.

He operated his vehicle in a reckless manner without due care: Sec. 545.401.(a) A person commits an offense if the person drives a vehicle in wilful [sic] or wanton disregard for the safety of persons or property.

Curiously, this is the statute he accused me of violating. To whom does it most accurately apply to? Sec. 545.363. (a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

Thursday, August 20, 2009

Before Being Overtaken By Events...

This is the blog post that was forming in my head before all the excitement the other night. I was going to say-

Something very unusual happened on my ride today. It was really no big deal, but for the rarity of it.

I had a string of cars pile up behind me, waiting to pass! Yes, really!

Some say that as a courtesy and as a gesture of goodwill, cyclists ought to move aside from a primary lane position to facilitate faster traffic getting by them. If it is safe to do so, they often add. But how many automobiles in queue does it take to evoke the "courtesy doctrine"? There is some dispute over this.

Many cite Pennsylvania and California statutes that mandate operators of slow vehicles yield when five or more drivers of faster vehicles pile up behind them. I guess those laws are saying that one's Right-Of-Way (ROW) is equal to 20% of everyone else's Right-To-Proceed-At-Or-Above-The-Posted-Speed-Limit. (RTPAOATPSL) When enough driver's RTPAOATPSL of .2, taken together, exceeds your ROW of 1, your ROW disappears and you are now violating the ROW of overtaking motorists!

Why five? Is three slowed vehicles too burdensome because it would force too frequent pull-offs? Is five delayed drivers suffer-able while six delayed drivers is a tragedy? I think such laws are preposterous. They are the result of political compromises and then the one size fits all mandate is forced onto the public.

In places that such laws exist, it is no longer a matter of courtesy, but a matter rights under the law. It is not a courtesy to pull aside, but an obligation. Such is the effect of laws. Law, being such a blunt force, is a poor guide when seeking enlightenment on matters of courtesy, don't you think.

Perhaps a better guide as to when pulling aside is a courteous thing to do is the amount of time a vehicle must wait behind you.

I suppose, if it were a hill crest ahead causing the motorist to be unable to pass you in a safe manner, there would be no need to pull aside, as our progress to passing lanes can be clearly seen and accessed. The trauma for the motorist by such a delay would be milder than if heavy opposing traffic were keeping them from passing you.

But if opposing traffic were steady enough that it were unlikely that a motorist's RTPAOATPSL could be resumed within 30 seconds, pulling aside might be in order. Keep in mind that this arbitrary span of time is less than most signal light cycles, which is a common, acceptable, and expected delay performed at a complete stand-still!

I do not think I have ever caused any vehicle a 20 second delay, let alone a half minute. The actual necessity to pull aside may come up from time to time for a cyclist who exercises lane control, but it is a rare and unusual situation.

In April of this year, there was some discussion of being "cautious" even though the law is clear that I am not compelled to do so. The imaginary example of impeding traffic for endless miles was usually trotted forward. So I began to take a more careful observation of just how many automobile drivers queue up behind me.

From then until the other eventful day, the highest number was two. The unusually long string of cars that momentous day was three! [Gasp!] The huge traffic pile up managed to dissipate in about 20 seconds.

In my experience, cycling on narrow roads impedes other road users, but less than the impedances caused by non-bicycle traffic. The worries people have of interfering with traffic flow when cyclists take their rightful place on the public by-ways is unfounded.

Wednesday, August 19, 2009

A Funny Thing Happened on the Way Home

You are traveling down a two-lane country road in the dark of night. You come upon a strange sight. There is an oddly flashing red light up ahead, in the middle of the road. You instinctively slow down.

As you come close to the strange light, you can make out that it is some fellow on a bicycle in the middle of your lane. The road is nearing the crest of a rise, and so you must slow and wait to overtake in the opposing lane.

As the line of sight becomes clear, a dark colored SUV roars past you! You are glad you always check before changing lanes.

But the SUV slows suddenly in the oncoming lane, and then accelerates again. As you prepare to overtake the bicyclist, he waves his arm and swerves into the center line while coming to a stop. He nearly falls to the ground as he dismounts and runs toward you... He has a full beard and has a deranged look on his face... His eyes are wild-

"The passenger of that car shot me!" He yells when he comes up to your closed window.


In this scenario, what would you do?

In this case, the fellow rolled down his window and exclaimed in a loud voice; "You've been shot?"

"Yes," I said, "By a pellet gun I think, can you chase him down for me?"

I am holding my left side.

Without another word he roars off.

About 8:30 PM I was west-bound on Hwy 879 (a mile east of FM 1722) when the passenger of an overtaking motor vehicle shot me with some sort of pellet or BB gun. He was a lousy shot. He hit me once out of three tries.

I hope the fellow I talked to will get the license plate number, I tried to get it but I was unable to see it clearly. I ride on down the road to a safe place to pull off and wait.

And wait.

And wait some more.

It is hard for me to tell how long I've waited. I know my emotions and adrenalin is messing with my perception of time. I wait some more.

Surly enough time has passed for that guy to get the license plate number and return to me, hasn't it? What if he thinks I have asked him to stop the guy? What if he just doesn't want to get involved? How long before I should give up waiting and just go home? I hope that it left a mark so I can get a picture of it.

After a while I decide it is a lost cause waiting for him to come back with the license number and finish my ride home.

At home, I see that there is a mark, so I arrange some lights and take a few pictures. Shawlee is demanding a walk, (I want to chase bunnies, let's go! Let's go! Please take me for a walk!) so I change into long pants to avoid feeding the mosquitoes, and out the door we go.

In a few minuets, a patrol car with flashing lights comes up the road. I am correct in supposing that they are looking for me, the missing victim.

It turns out that the kind fellow in the car behind me called the police, and then his friend! (To go looking for me and to render aid- he thought I was dying on the side of the road!) He said that the perps were exceeding the speed limit substantially to avoid pursuers. He did right by me, and I am grateful.

The local police, of various jurisdictions responded in force. I counted six cruisers. Three different departments. They canceled the medical units that were rolled. Alas, the perp got away, there was nothing that could be done.

Those are the facts. What has surprised me the most is my emotional response. I am angry, of course, but no more angry than when I hear of similar incidents that have happened to other people. I am heartened by this. I am glad that my sense of injustice is as aroused by the experiences of others as it is when I am the victim.

I have decided that it was a malicious prank. Wrong and cowardly, yes. Reckless, and they are lucky they caused no permanent injuries. A spur of the moment crime.

This was an unfortunate one-off event I am sure, and I doubt it will happen to me ever again. There is nothing I could do to prevent it, as it was a bit of evil born in the heart of someone with poor decision-making skills.

Well, that is pretty much it, but I expect that you, my dear reader, will have questions. Feel free to inquire, I will answer all that I can.

Oh yes, pictures! Warning! For those of you with weak stomachs you should not scroll down. You will subject your senses to horrifying images! (Not bloody and gory- Fat rolls and body hair! Bleach!) Nightmares can be made from this! Tread ye not on yonder path- Lest ye be slain and eaten by Ogres!

I honestly would not have the courage to post such scandalous images, but for the brave post's of dear Rantwick.



 

 

Thursday, July 9, 2009

Police Bully

Tuesday evening, I was traveling east on Ennis Street, through our downtown area. There is a two block span of the road that changes from a four-lane to a two lane to accommodate angle parking. The approach looks like this-

 
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In spite of the traffic sign ordering through traffic to merge left, and no traffic control lane markers to indicate side by side travel, folks continue as though the the street configuration has not changed. This traffic crime is never enforced, and so scofflaw motoring is the order of the day.

 
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I, not wanting to join the lawlessness and be a scofflaw cyclist, obey the law and merge left to travel in the left tire track near the center line because of the hazard presented by automobiles pulling out of the angled parking spaces. At the end of the two blocks, after this intersection and on the approach to the railroad tracks, it becomes a four-lane again.

 
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As I approach the railroad tracks, I do a shoulder check, and finding the lane clear, I merge right and continue in the left tire track of the right lane.

Behind me a motorist honks his horn. I ignore him. Traffic flows past me in the next lane. The motorist honks again at me, and then finally decides to roar past me in a huff. I spit in his general direction as he does so. The second photograph below is about where we were at that point.

 
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The motorist, in a full size diesel pick-up truck, brakes hard to give me a piece of his mind. (Rather dangerous. He has so little of the stuff!) Of coarse he overshoots as I continue at a steady pace. I then come to a stop at this intersection at the stop line. He pulls up beside me with the passenger window down...


 
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Angry Motorist: "Don't you dare spit on my truck!" (He is leaning forward, screaming past the passenger, a woman about his age.)

Me: "Don't bully law abiding citizens!" (I raise my voice enough so he can hear me, but I refrain from screaming.)

Angry Motorist: "You are not allowed to ride in the middle of the street!"

Me: "Do you just make up the laws as you go along?" (He surprises me by becoming apoplectic at this statement.)

The angry motorist pulls out his wallet and flashes a badge at me.

Angry cop "I am a cop, and you have to get out of the road!"

Me "If I broke the law write me a ticket!"

(He says something here, about me breaking the law or I have to ride differently, I don't remember. He was so wrong I wasn't listening carefully to him. After each statement of his I just repeat my challenge to him to write me a ticket if I were breaking the law. After two more go-rounds like this...)

Angry cop "Do I look like I'm on duty here?" (He was pulling at his shirt to display it to me, indicating that it wasn't a uniform.)

Me "Either write me a ticket or shut up!"

At this point the conversation ended because the light turned green, and we proceeded on our way. He- getting an earful from his passenger- and me, controlling my narrow lane.

Naturally, we think of better things to do or say immediately after it is over. Sadly, I missed a great opportunity here. At the next signal that can barely be seen in the last two pictures, he turned left, which coincidentally was where I was headed on my errand.

He pulled into a gas station, and I went to the store in the next building. As I was about to don my street shoes, it occurred to me that it would be good to find out what police department he worked for, as he could use a little brush-up on Texas bicycle law. As I rushed back to the gas station, I began to hope that I could get his photograph as well!

Alas, I was too late, he was pulling out as I approached. He fled from me, the coward! (Ha! Not really. He seemed to be getting some emphatic advice from his passenger after they saw me riding up. I can only guess who has the power in that relationship!)

Sunday, May 10, 2009

SMIDSY


In Virginia Beach, this is now a positive defense for failure to do ones duty in the public way. Motorists are no longer expected to operate their vehicles in a manner that avoids hitting slower traffic in their lane.


Commonwealth's Attorney Harvey Bryant said members of his office and the Police Department's fatal crash team met Wednesday and determined there was insufficient evidence to file charges in the death of Daniel Wayne Hersh, the 54-year-old civil engineer and ex-SEAL killed on April 19.
Hersh, an avid cyclist on his Sunday morning ride, was apparently following traffic laws by pedaling east in the right travel lane - not the turn lane - on Shore Drive near Starfish Road in the early light shortly before 6 a.m., when a motorist struck him from behind. He was wearing a helmet and a bright yellow windbreaker with reflective strips, Bryant said. (
Witnesses who came upon the wreck said his blinking tail-lights were still on. -ChipSeal)
"In terms of his safety equipment, there certainly was no fault on his part," he said.
The motorist told police she never saw Hersh, and authorities found no evidence to support potential charges to allege that she hit him willfully or through negligent or reckless driving, Bryant told reporters.
The woman was cooperative, and she realized she had hit a bicyclist only after she felt the impact, stopped and saw Hersh's body, according to Bryant.
Investigators took measurements, photographs and video of the scene, all of which supported the woman's statement that she was in her lane and abiding by the 45-mph speed limit.
There were no witnesses, but investigators determined the motorist had not been smoking, and she passed a breath test for alcohol on-scene.
She denied falling asleep, and her cell phone records showed no calls or text messages at the time of the crash.
The woman loaned her vehicle to police, who conducted a re-enactment video along the same stretch at the same time of day.
None of the efforts produced anything that "would lead to a criminal prosecution or would substantiate a criminal prosecution," the CA Bryant said.


The conclusion of the local authorities is that while unfortunate, this wreck was unavoidable. The motorist wasn't drunk, asleep, speeding or using a phone! She was following the letter of the law, how could she be expected to have a duty to use due care? kijdjdjhhf jhshyjsuw shirewr eirijfr ewirhiehrj ieriherhjrieuhyr hrie iehroeiyfuehrioeyh rhehwfhiouwehriehuiew iuhyerioewuhyruhr uweriouewh hjjf
How could it be her fault? It isn't reasonable to expect a motorist to observe a well lit cyclist in your path. It isn't the drivers fault that she was overdriving her headlights. The manufacturer didn't make them bright enough. The speed limit was too high! lodjndjhyhf dhuduejjfdujdjd fjfdhdsjf ejjfjheiweoqowrhjrejh rehieh jeijhrdool jfdoifiodhjndified idfijosrijhfkdjht ieurie nfuirehreoti iutoietfdi jjjdj
The only reasonable conclusion is that this "accident" could have been prevented by an infrastructure change, not an attitude adjustment. It was a technology failure, not the imprudent and reckless behavior of the motorist.


The notion that there is insufficient evidence to charge the motorist with anything is preposterous and an obvious falsehood.kudsfh jufdhie hdush uhyhy udusuhd hduishyh shdhush suhdijshhrjhsuufdhjh shireuir uyrhe8uhrh eyrueuih 8erheue hreiuie
The motorist violated the cyclist's right of way by (at a minimum) following too close. There is plenty of EVIDENCE of that!kjdsyffr dfuwjserj usi eirie iei reiirjh riieirrjr reirejijhrie riejrieujreijr rjeiujr eiriejre riejrier riureje erier reijrjei eiurei jrieuierie eiieirrujur
Failure to observe traffic. The "I didn't see him, officer" is a confession, not an alibi!jdhfksdfhhfhdd jfhjhdkshjjhfuj fjfjkedujiejrujf jufrjrj jujfhd dhdhe dhue uhfh rujjdjd fdufrrujurjeej hhufrej hjdsheihfd urrehreirhhfd hfdeuirr8uhe uhei ur 8erehr uierjh
I wonder, if this driver had been a male, or unattractive, would she have garnered as much sympathy from the authorities? Is this un-named perpetrator politically or socially connected? ljujuujus hhysts ufjdhdysys jdhgdtegdeyd hdydbdjdjdhdhd ujdhstytgdhd djhdhdyd ydhdyshdyd djfkj dhdhdjdhddh uddndhdjjj jjjjjj
I fear that the real reason law enforcement "can't find a reason to charge her" is that it is blatant vehicle-class discrimination. Auto-ism if you will. kinn ujdyh hygsk kufjj jdhsjjdkjhd jhhhjkkjdhfnfnfjdjdjhdl kujhdgd kjuuj ijdhy hyyhyhh hgysgh hdhdhh
While the general public's attitude toward cyclists has deteriorated as car-centrism has been on the rise, we had refuge in the law. We choose not to be alarmed when law enforcement officers (LEO) decline to issue tickets to motorists for violating a cyclists right of way. (Improper passes, right hooks) We are not upset when they decline to cite cyclists for breaking the law, thus treating cyclists like irresponsible children rather than legitimate road users. (Salmon behavior, night trips without lights) klonj juuh hdsju hy uhdgd hdjdhhhhdjdbhcj j jjj jjjj jjdjd djdkkd lljhyhdh hys juj jjhdg isjrhh dhjjs ksjjs jjuikk
There was a time when the privilege of operating a motor vehicle on the public road brought with it a sense of responsibility and ownership for the consequences of your actions. Hitting someone or something was a BIG deal. Reckless behavior was a serious breach of social norms. gejjskk ijdhhjj jjekik kiik kkij judhr hjdsjj yudjdhdh jhhyddbddhjfj kijhsyyh hydhdjd hdhdysj ggs jjikjhidksks
Something has changed, and it is now infecting LEOs, DAs and our courts. Bicyclist's liberty is being encroached upon. Killing a cyclist is not a crime anymore. Killing a cyclist is not an avoidable event anymore. The law is abandoning us and no longer providing a deterrent to recklessness. There is no expectation of motorists using due care! jeejj jje j skk skk keek kkksk kks ekek kk sksks krkr ksks fkrke skkkr ks skker k
The message being sent to motorists is; "It's a sad unavoidable situation. If there is any fault at all, it most certainly is not that of the motorist. Bicyclists have inferior rights to public roads. There can be no expectation that the laws will be applied to protect cyclists." i must put spaces here because this stupid program wo
SIGH. We would be better served by bicycle "advocates" if they would insist on the enforcement and prosecution of EXISTING law, rather than wasting resources and political capital on writing and passing redundant new laws. What is the point of new laws anyway, when they will be ignored also?



Saturday, April 25, 2009

Room to Share?

Is this a wide enough lane to share side by side with overtaking traffic?

If the wrongheaded "vulnerable user" law gets passed here in Texas, this vehicle will be in violation of it if he passes me in either direction while I am riding in my normal lane position.

The version of the law being considered by the Texas legislators says this:


(b) An operator of a motor vehicle passing a vulnerable road user operating on a highway or street shall:

(1) vacate the lane in which the vulnerable road user is located if the highway has two or more marked lanes running in the same direction; or
(2) pass the vulnerable road user at a safe distance.

(c) For the purposes of Subsection (b)(2), the operator is presumed to have failed to comply with Subsection (b)(2) if the distance between the operator ’s vehicle and the vulnerable road user is less than:

(1) three feet if the operator ’s vehicle is a passenger car or light truck; or
(2) six feet if the operator ’s vehicle is a truck other than a light truck or a commercial motor vehicle as defined by Section 522.003.

522.003 DEFINITIONS.

(5) "Commercial motor vehicle" means a motor vehicle or

combination of motor vehicles used to transport passengers or
property that:


(B) has a gross vehicle weight rating of 26,001 or more pounds;



On this road, the one I must ride a minimum of two miles on to get to or from my home, this vehicle cannot comply with this proposed law unless I am crowding the fog line- which I never do! If I am centered in my lane, or as I normally position myself, in the left tire track, this vehicle cannot overtake me lawfully, and it could be argued, he would break the law if he passes me going the other way!

There are other problems with the proposed law, but I will address them one at a time in a later post. Until then, Godspeed to all!






Thursday, April 23, 2009

When Once Is Not Enough



On Tuesday, on the way through Ennis, I met a fella who is a bully.


I was traveling south on Main, between where the two railroad spurs cross it. The road here is about 25 feet wide with no lane markings- no center lane nor any fog lines. I was riding in the left tire track of a standard vehicle complying with the slow moving vehicle law.


Up ahead of me, a car began to overtake another car . (Both of them were going north.) After clearing the car he was overtaking, he began to return to the right side of the roadway.


Until he saw me.


Changing the direction of his lateral movement, he swung back onto my side of the road!


I held my lane position.After about half the distance between us closed, he adjusted his trajectory to pass within a foot of my left handle-bar. I would say there was about six seconds of time between his clearing the other car and passing me.
I spat on his windshield as he passed by, and I continued on my way. Within a few seconds the whole thing was out of my mind.

But our bully couldn't let such an insult go.

So I continue on my way down Main, maintaining my lane position. A car overtakes me with due care and in a safe manner, completely on the other half of the road. No sooner had that car passed me then I was buzzed by our bully, again passing me within a foot.

I laughed. I'm sorry, but it just struck me as funny that someone who was so anxious to get to wherever he was going that he was over-taking slower traffic, suddenly has the time and inclination to "teach me a lesson" by backtracking more than two miles in order to do it.







CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES
SUBCHAPTER B. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING
Sec. 545.051. DRIVING ON RIGHT SIDE OF ROADWAY.

(a) An operator on a roadway of sufficient width shall drive on the
right half of the roadway, unless:

(1) the operator is passing another vehicle;
(2) an obstruction necessitates moving the vehicle left of the center of
the roadway and the operator yields the right-of-way to a vehicle
that:

(A) is moving in the proper direction on the unobstructed portion of the roadway





So our bully, in expressing his objection to my "arrogant" and high-minded lawful use of the public way, failed to drive on the right hand side of the roadway and he also failed to yield to my right of way. He violated Sec. 545.051.





Sec. 545.053. PASSING TO THE LEFT; RETURN; BEING PASSED.

(a) An operator passing another vehicle:

(1) shall pass to the left of the other vehicle at a safe
distance.


He also violated Sec. 545.053 by failing to provide a safe distance between me and himself when he overtook me after he turned around. He did not follow the path of the car ahead of him the did pass me with due care and in a safe manner. He very obviously and deliberately attempted to intimidate me with his car.

With this in mind, I accuse this motorist of violating Sec. 545.401:




545.401. RECKLESS DRIVING; OFFENSE.

(a) A person commits an offense if the person drives a vehicle in willful
or wanton disregard for the safety of persons or property.



Why is it possible for people such as this to keep their driving privileges?


Imaginary laws

"You have to stay to the side of the road."

The words were shouted at me by a motorist as he crowded me out of the lane.

This was Tuesday, on hwy 34 about four miles from Ennis, traveling west.

This particular motorist, driving a white SUV and towing a utility trailer, had been having a difficult time finding a safe place to pass, due to oncoming traffic and terrain.

He honked at me, and must have been surprised when I didn't pull over out of his way. When he finally had an opportunity to pass me (after being delayed for about 45 seconds) he pulled up in the oncoming lane and slowed down to pace me. His passenger window was down and he was screaming something at me.

At the same time he began crowding me with his vehicle, forcing me to give way toward the edge of the lane. I was tempted to begin pounding on the side panels of his car, but the trailer was wider than his vehicle and it spooked me. (This is usually rather effective though. The pounding can be very loud inside, and can be quite frightening for the motorist, while being unlikely to cause damage.)

Not understanding what he was saying, I yelled at him to "Follow the Law." I repeated it about three times. In the end, he crowded me all the way off the shoulder into the grass, then he sped away. He did this with two vehicles following behind him. The confrontation lasted about 10 seconds.


Sec. 545.053. PASSING TO THE LEFT; RETURN; BEING PASSED.


(a) An operator passing another vehicle:

(1) shall pass to the left of the other vehicle at a safe distance; and
(2) may not move back to the right side of the roadway until safely clear of the passed vehicle.


(b) An operator being passed by another vehicle:

(1) shall, on audible signal, move or remain to the right in favor of the passing vehicle; and
(2) may not accelerate until completely passed by the passing vehicle.



At a minimum he violated this law, and I complied with it. I was riding legally in the lane in accordance with the slow moving vehicle law and bicycle specific lane positioning law. He failed to pass me at a safe distance (Sec. 545.053(a)(1)) and he pulled back into the lane when before he was properly clear of me. (Sec. 545.053(a)(2)) He did this with full knowledge of what he was doing as he was looking at me through his passenger side window.


Sec. 545.401. RECKLESS DRIVING; OFFENSE.

(a) A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.

(b) An offense under this section is a misdemeanor punishable by:

(1) a fine not to exceed $200;
(2) confinement in county jail for not
more than 30 days; or
(3) both the fine and the confinement.

Because he deliberately used his vehicle as a weapon, he also committed a reckless driving offense, wouldn't you say?

Monday, April 20, 2009

Complacency

Sadly, because driving an automobile has become such an ordinary everyday event, people have become insensitive to the grave responsibility of operating one on the public roads.

Regardless, it is both a moral and legal duty to overtake slower vehicles with due care and in a safe manner, whether they are operating within the law or not.