Passing Cars on the Right = Legal

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2008-08-26 9:19 AM

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Champion
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Subject: Passing Cars on the Right = Legal

I have always wondered if it was legal to pass cars on the right when stopped at a light or if they are going to turn.  My simple explaination was if they can pass us, why can't  I pass them right back?  Thoughts?

I took this survey (http://www.bikeroswell.com/quiz/quiz.html) .

The final question asks: If there is room, can a bicycle ride up the side of stopped cars at an intersection (is it legal)?

The answer is Yes.  I found this interesting.  And I have compiled some of the back and forth e-mails below.  NOTE:  None of this is LEGAL ADVICE.  Nor should it be taken as such.

Cut and pasted from an e-mail:

If there is room to share the lane it is legal to ride up the side while cars are stopped or not stopped.  The underlined section is the most relevant. 

The Ga. Code sections below appear to be pertinent to bicyclists passing stopped or slower cars in the same lane, or between lanes.

OCGA § 40-6-291.  Traffic laws applicable to bicycles 

The provisions of this chapter [i.e., chapter 6 of title 40] that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles, except that the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c) of Code Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not apply to persons riding bicycles. 

[See first sentence of § 40-6-294(a) -- read all of it, it's a long sentence.] OCGA § 40-6-294. Riding on roadways and bicycle paths

(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling, when the lane is too narrow to share safely with a motor vehicle, when traveling at the same speed as traffic, or while exercising due care when passing a standing vehicle or one proceeding in the same direction; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road. As used in this subsection, the term "hazards to safe cycling" includes, but is not limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle. (Basically anything

(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(c) Whenever a usable path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the path has become inadequate due to capacity, maintenance, or other causes.

(d) Paths subject to the provisions of subsection (c) of this Code section shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such paths shall provide accessibility to destinations equivalent to the use of the roadway.

(e) Electric assisted bicycles as defined in Code Section 40-1-1 may be operated on bicycle paths.

["other applicable rules of the road" include the following:]

OCGA § 40-6-43.  When overtaking and passing on the right permitted 
   (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
   (1) When the vehicle overtaken is making or about to make a left turn; or
   (2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle.
(b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.



Edited by Marvarnett 2008-08-26 9:22 AM

2008-08-26 10:03 AM
in reply to: #1628485

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Pro
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Subject: RE: Passing Cars on the Right = Legal

I'll be sure to print this out and wave it at the driver that runs me off the road ...

Seriously, thanks for posting.  I did not know the law ... and since I am a relatively avid cyclist I am now wondering how many police officers know this part of the code?

(c) Whenever a usable path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the path has become inadequate due to capacity, maintenance, or other causes.

Cleverly crafted verbiage ... how many bike paths are designated for the exclusive use of cyclist?

 

2008-08-26 10:25 AM
in reply to: #1628485

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Master
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Subject: RE: Passing Cars on the Right = Legal

Marvarnett - 2008-08-26 10:19 AM

(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling, when the lane is too narrow to share safely with a motor vehicle, when traveling at the same speed as traffic, or while exercising due care when passing a standing vehicle or one proceeding in the same direction; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road. As used in this subsection, the term "hazards to safe cycling" includes, but is not limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle. (Basically anything

Dan, I think this is an excellant topic.  Although I do pass stopped cars on the right, I do not think it is legal.  I think you have misinterpreted the laws.  The part you have in red particular.  My opinion of what it is saying is that bicycles must stay to the right EXCEPT when passing a standing vehicle or one proceeding in the same direction; .   My interpretation is that the law is saying that you do not have to stay as far to the right when it is necessary to pass a car that  is standing still on the right side of the road so you can not get by on the right while staying on the pavement or when you want to pass a car going in your direction, you should pass it on the left side.  I also think you misinterpreted the last paragraph also.

I also wanted to mention/commend Mrs_Brown_Dog_Us who never passes cars on the right side.  I also think that hblackmon follows the law very well too.  Maybe lawyerchick can give us her opinion or ask  a few judges what they think.



Edited by nealphelps 2008-08-26 10:28 AM
2008-08-26 10:27 AM
in reply to: #1628485


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Subject: RE: Passing Cars on the Right = Legal
This is just my opinion. To me, whether it is technically "legal" isn't really the point when analyzing whether you should do it.

Assuming it is legal (which I know was the actual topic of your post), I think the situation you describe typically is at best an annoying one for drivers and at worst impeding the flow of traffic on busier roadways. One of the main complaints I have heard from non-cycling friends is having to pass a cyclist 2, 3, or 4 times at red lights. I try to impress on my non-cyclist friends the need to responsibly share the road with cyclists, but I also must acknowledge from their perspective that it can be difficult at times for even a careful driver to safely pass a cyclist on busy roads. To reward the careful driver with having to pass me multiple times seems to do nothing for creating some goodwill between the cycling community and the drivers who all too often seem hostile to us, anyway.

Even from a practical standpoint, however, I always wonder what the actual real world benefit is from passing stopped cars at a red light to get the the front of the line. I am lucky in that I live in a rural area with few traffic lights, but it does happen occasionally where I must stop for a traffic light. If I know that I'll have to stop at a light I just stop behind the last car that passed me. It seems that I would gain very little by riding an additional 20-40 yards to the front and then stop, just to make the cars that just passed me have to negotiate around me a second time. Again, this is just my opinion, but it seems from a cost / benefit standpoint (with the "cost" being creating additional hostility to cyclists and the "benefit" being rolling forward another 20-40 yards or so without having to stop), the math doesn't work out. Maybe someone else has a different perspective and can explain it to me.

Edited by RememberOtto 2008-08-26 10:29 AM
2008-08-26 10:29 AM
in reply to: #1628634

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Subject: RE: Passing Cars on the Right = Legal
brian - 2008-08-26 11:03 AM

I'll be sure to print this out and wave it at the driver that runs me off the road ...

You're forgetting the adage of bigger trumps legal
2008-08-26 10:34 AM
in reply to: #1628720

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Subject: RE: Passing Cars on the Right = Legal
Good point RememberOtto.  I agree with everything you said except for the part about it being legal to pass on the right.  I know it is annoying for drivers to pass a cyclist several times because they keep getting passed on the right at the lights, particularly to the less capable drivers that get very nervous while passing bicycles. 


2008-08-26 10:39 AM
in reply to: #1628720

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Subject: RE: Passing Cars on the Right = Legal

Even from a practical standpoint, however, I always wonder what the actual real world benefit is from passing stopped cars at a red light to get the the front of the line. I am lucky in that I live in a rural area with few traffic lights, but it does happen occasionally where I must stop for a traffic light. If I know that I'll have to stop at a light I just stop behind the last car that passed me. It seems that I would gain very little by riding an additional 20-40 yards to the front and then stop, just to make the cars that just passed me have to negotiate around me a second time. Again, this is just my opinion, but it seems from a cost / benefit standpoint (with the "cost" being creating additional hostility to cyclists and the "benefit" being rolling forward another 20-40 yards or so without having to stop), the math doesn't work out. Maybe someone else has a different perspective and can explain it to me.

I'm going to have to disagree with you here.  I think there is a benefit to both the cyclist AND the driver.  The driver only has to pass you by 2' to your left.  Hardly an inconvieance if you ask me.  BUT, if I'm at the "front" of the line and it takes me 15 - 20 sec to get up to speed, the cars that have repassed me are still in the same position they were before. 

If I had waited at the back of the line, now I've just prevented 3-4 cars from making that light and now they are really mad they got stuck behind the slow cyclits.

As long as you are staying to the right the cars can pass as you both are getting up to speed.  I think this benefits both cyclist and drivers.  IMHO.

2008-08-26 11:58 AM
in reply to: #1628761


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Subject: RE: Passing Cars on the Right = Legal
I'm not necessarily taking issue with what you're saying, but I'm not sure I undestand it, either.

Are you saying that the 15-20 seconds it takes to get up to speed at the front of the line has a different effect on traffic than the 15-20 seconds it takes to get up to speed from the middle of the line? I don't follow the logic.
2008-08-26 11:58 AM
in reply to: #1628739

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Subject: RE: Passing Cars on the Right = Legal

nealphelps - 2008-08-26 10:34 AM . . . I know it is annoying for drivers to pass a cyclist several times because they keep getting passed on the right at the lights, particularly to the less capable drivers that get very nervous while passing bicycles. 

This is why I don't usually pass on the right.  (1) It makes the drivers really mad, (2) I don't think it is legal, and (3) it's scary even for me to pass a cyclist so why make them do it  risk my life more than once.  I understand Dan's point about allowing the drivers to pass while both are getting up to speed but I still don't think it is legal.

2008-08-26 1:09 PM
in reply to: #1629040

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Subject: RE: Passing Cars on the Right = Legal

RememberOtto - 2008-08-26 12:58 PM I'm not necessarily taking issue with what you're saying, but I'm not sure I undestand it, either. Are you saying that the 15-20 seconds it takes to get up to speed at the front of the line has a different effect on traffic than the 15-20 seconds it takes to get up to speed from the middle of the line? I don't follow the logic.

Definetly not arguing with you. :P

The effect on traffic is this.  When I leave from the front of the line, I have room to clip in/get up to speed because I'm in the middle of the interesction. (room to the right)  No/little effect on the cars to my left and they can get going.  If I'm behind a car i'm going to be away from the curb.  Now, while I'm clipping in/getting up to speed, they are hard pressed to pass me because I'm taking up more room.

I have found that it's usually about 3 cars that pass me before I'm at the other side of the intersection and riding back up to speed.

In regards to being comfortable passing/driving around cyclist, I think both sides need to relax.  It doesn't freak me out when a car moves by me within 2-3 feet and I have no problem passing a cyclist within the same distance.  Granted, if there is more room, I give them as much as possible.  But both have to know the rules and be ok with them.  (If that makes sense)

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