More food for thought..

Velonews runs runs a great column by Bob Mionske a lawyer and former cyclist who lately has been pointing out the biased in law enforcement and the media over cyclists on the road. As I read his latest column I also received this email from the Utah Cycling email list.

You may want to consider making a post to the UCA website or sending and email to the UCA group with some info I learned from the Salt County Sheriff Office about riding two abreast in any of the canyons.

My buddy and I were time trialing Big Cottonwood Canyon one recent evening when we were pulled over for riding two abreast. Incidentally, we were not riding two abreast. We were just passing each other taking turns out front. Nevertheless, we were pulled over with lights and siren. Ironically, moments before we were pulled over, a large SUV had just passed by, coming within inches of us, and giving us the typical honk and obscene gesture. Turns out it was this SUV who called the sheriff to report us.

The sheriff explained to us that the District Attorneys Office has asked all Sheriffs patrolling any of the canyons to assertively ticket cyclists riding two or more abreast, especially while going up canyon when cycling speeds are much slower than the normal flow of traffic. The reason is for car and cyclist safety. The rationale is two fold:

1. In many areas of the canyons, the road is too narrow for cars to give cyclists riding two or more abreast the required three feet of space without having to cross the yellow line into the other lane of traffic.

2. Cyclists riding alongside each other out in the road cause cars to slow down below the speed limit to wait for a safe place to pass and this impedes the normal flow of traffic.

41-6a-1105 "Operation of bicycle or moped on and use of roadway -- Duties, prohibitions" says that a person operating a bicycle on a roadway at less than the normal speed of traffic shall ride as near as practicable to the right-hand edge of the roadway except when passing a cyclist, making a left turn, avoiding objects and hazards, and some other instances. Riding two abreast is not considered riding as close as possible to the right edge of the road.

41-6a-1105 also says that a person riding a bicycle may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. And, on parts of roads set aside for the exclusive use of bikes, cyclists riding two abreast may not impede the normal and reasonable movement of traffic and shall ride within a single lane. Not all canyons roads have dedicated bike lanes and not all bike lanes are wide enough for cyclists to ride two abreast without causing the dangers listed above.

So, be aware and be safe. Avoid riding two abreast in the canyons. You may save yourself from getting a ticket, being in an accident, or causing an accident.

I have a couple of questions and observations. First, was the officer justified in giving the ticket? I guess that would depend on if the officer observed the two riders riding abreast as opposed to passing one another. If I had received the ticket I would probably fight it arguing that I was passing the slower riding just as the car was passing the slower vehicle or cyclist. Second, it appears that the officer may be interpreting the law wrong. I've highlighted the relevant portions.

41-6a-1105. Operation of bicycle or moped on and use of roadway -- Duties, prohibitions.
(1) A person operating a bicycle or a moped on a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near as practicable to the right-hand edge of the roadway except when:
(a) overtaking and passing another bicycle or vehicle proceeding in the same direction;
(b) preparing to make a left turn at an intersection or into a private road or driveway;
(c) traveling straight through an intersection that has a right-turn only lane that is in conflict with the straight through movement; or
(d) reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand edge of the roadway including:
(i) fixed or moving objects;
(ii) parked or moving vehicles;
(iii) bicycles;
(iv) pedestrians;
(v) animals;
(vi) surface hazards; or
(vii) a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
(2) A person operating a bicycle or moped on a highway shall operate in the designated direction of traffic.
(3) (a) A person riding a bicycle or moped on a roadway may not ride more than two abreast with another person except on paths or parts of roadways set aside for the exclusive use of bicycles.
(b) If allowed under Subsection (3)(a), a person riding two abreast with another person may not impede the normal and reasonable movement of traffic and shall ride within a single lane.
(4) If a usable path for bicycles has been provided adjacent to a roadway, a bicycle rider may be directed by a traffic-control device to use the path and not the roadway.

The officer cites riding two abreast, but what defines riding two abreast versus passing especially on a steep road such as Big Cottonwood? Also argument 2 implies that driving below the speed limit not above the speed limit is legal.

I must admit that I've had only good experiences with law-enforcement while riding. I've had a number of officers wave at me while passing as well as slow down until it was safe enough to pass.