> I'd like to see some citations of the code sections which
> might be applicable in this case.
Well, you asked for it . . .
For bicycle-related provisions in Missouri law:
http://mobikefed.org/statutes.html
But, more specifically--Missouri Law applicable to this situation:
"304.012. 1. Every person operating a motor vehicle on the roads and
highways of this state shall drive the vehicle in a careful and prudent
manner and at a rate of speed so as not to endanger the property of
another or the life or limb of any person and shall exercise the
highest degree of care."
(The fact that the bicyclists were guilty of an infraction--riding
abreast when they shouldn't--be no means excuses the driver from
driving in a "careful and prudent manner" nor from "exercising the
highest degree of care".)
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"304.016. 1. (1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereof at a
safe distance and shall not again drive to the right side of the
roadway until safely clear of the overtaken vehicle."
(Note that a bicycle is considered as a vehicle as far as 304.016 is
concerned. So motorists must pass bicyclists at a safe distance and
wait until safely clear before moving back over. This motorist clearly
did neither of these--and didn't even have the wits to maintain that
the bicyclists "swerved", which is his only conceivable defense against
a charge of unsafe passing. Although the bicyclists and the driver
disagree on details, it is clear even from the driver's version of the
story alone that he violated both 304.012 and 304.016.)
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"304.016 4. No vehicle shall at any time be driven to the left side of
the roadway under the following conditions:
(1) When approaching the crest of a grade or upon a curve of the
highway where the driver's view is obstructed within such distance as
to create a hazard in the event another vehicle might approach from the
opposite direction;"
(It is quite clear that the motorist violated this section, too, since
he made a big point about how far over the bicyclists were. Since they
were so far over, he could not have passed without moving into the
opposing lane. But on a curve moving into the opposing lane is
illegal.)
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Summing it up from the driver's point of view:
He comes upon two bicyclists riding abreast. Perhaps this is a
violation of the law (an infraction--see below). Certainly it is
annoying. What are his options:
1. Pull into the other lane and pass.
Nope--since he's going around a curve with inadequate sight distance,
this is illegal by 304.016.4. Can't do it.
2. Squeeze by within the lane, passing the bicyclists closer than
safe.
Nope, can't do that, either. 304.016.1 says you have to pass at a safe
distance and can't move back over until past the bicyclists. 304.012
says you can't do anything dangerous.
So what's left?
3. What behind until safe to pass; pass at safe distance. Optional:
curse bicyclist for rude traffic infraction.
This is the driver's only legal course of action. The speed limit is
low enough, and road has enough blind curves, hills, and so on (meaning
that the driver must be continually watching the road ahead or find
himself driving off a cliff), that there is no way the driver can
maintain with a straight face that he didn't have time to slow.
If he'd slammed into the back of them, "didn't see them in time" might
be an excuse. But he didn't do that--he shoved them off the road.
-----------
"307.188. Every person riding a bicycle or motorized bicycle upon a
street or highway shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of a vehicle as
provided by chapter 304, RSMo . . . except as to those provisions of
chapter 304, RSMo, which by their nature can have no application."
(This section establishes that all traffic laws, rights, & duties
applying to motorists, apply to bicyclists just as well.)
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"307.190. Every person operating a bicycle or motorized bicycle at less
than the posted speed or slower than the flow of traffic upon a street
or highway shall ride as near to the right side of the roadway as safe,
exercising due care when passing a standing vehicle or one proceeding
in the same direction, except when making a left turn, when avoiding
hazardous conditions, when the lane is too narrow to share with another
vehicle, or when on a one-way street. Bicyclists may ride abreast when
not impeding other vehicles."
Note that bicyclists are required to ride as far to the "right side of
the roadway as safe".
Note that Missouri law defines the "roadway" as the main traveled way,
"exclusive of the berm or shoulder". The injunction, in 307.190,
requiring bicyclist to ride to the right of the *roadway*, then,
absolutely does NOT require bicyclists to ride in the shoulder.
Note that, if the lane is too narrow to share, the requirement for the
bicyclist to ride to the right is completely removed.
I would say, based on having ridden at this location many times, that
is is debatable whether there is room to share the lane. It is about
a 12 foot lane with a 1 foot shoulder--13 feet of surface total (right
of the double yellow line).
Most references consider lanes 14 feet wide or more to be in
"shareable" territory (it depends on exact configuration--existence or
not of curb, etc.). Less than 14 feet wide, though, is pretty much
universally considered not shareable.
Practically speaking, in the spot where this incident occured, you
could probably share safely with a compact car that had slowed down to
ease past carefully.
You couldn't share safely with a big truck or bus, or with someone who
insisted on zooming by at high speed. To pass safely, all those people
would need to move at least partly into the oncoming lane.
---------
307.193. Penalty for violation. Any person seventeen years of age or
older who violates any provision of sections 307.180 to 307.193 is
guilty of an infraction and, upon conviction thereof, shall be punished
by a fine of not less than five dollars nor more than twenty-five
dollars. Such an infraction does not constitute a crime and conviction
shall not give rise to any disability or legal disadvantage based on
conviction of a criminal offense.
(Riding two abreast when not allowed is an "infraction".)
----------
--Brent
brent [at] brenthugh.com
