In Texas, 30 MPH is the default speed limit for local streets. The street in front of your house is probably designated as 30 mph (that's the maximum speed you may operate a vehicle... not the constant, mean or average speed). If Reed Bates (ChipSeal) was impeding traffic on Ennis Avenue (Business 287) for going 15+ mph in a 30 mph zone, EVEN THOUGH MOTOR VEHICLES COULD PASS HIM EASILY (see what big letters I am using), then you are impeding traffic on the street in front of your house if a car comes up behind you and has to slow down or change lanes.
See why this is important?
Some bicycle "advocates" have referred to Reed prejudicially as an "extreme vehicular cyclist" (presumably because he wouldn't get off the road), and that they were not inclined to assist such radicals who were destined to lose. Fear mongering helps to instill this type of inferiority response.
30 mph speed limit. A bicyclist. Extreme.
What do you think about that picture above?
11 comments:
California prima facie (default) speed limit is 25 mph "on any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code."
But yeah, I get your point. We're not allowed on any street if ChipSeal's ruling is applied universally unless we're capable of moving at the "normal speed of traffic" (never mind that cyclists are a part of traffic...)
I was astounded at the post that indicated Mr. Bates was pulled over when the speed limit was 30mph after all the nasty remarks about how he shouldn't be riding in lanes with speed limits of 55mph. (This confirms my suspicions that these commenters haven't been any closer to these roads than I have and know no more about actual conditions than I do.)
@Yokota Fritz
I think the whole point is that since bicyclists are not traffic, they are not allowed to use the road. Period. The rule is "normal" speed of traffic, not the actual rule.
My local experience is similar to Keri's. The delays are caused by too many cars at rush hour, but the police hassle bicyclists for not traveling at the speed limit. If I drive to work, with congestion I can average about 20mph. If I bicycle, it takes 5-1o minutes longer for an average of 15mph. In the evening rush hour I can only go 8-10mph across town due to grid lock. I have yet to see any of these motorists threatened with impeding traffic for driving 8-10mph, but the police have told bicyclists they need to ride next to the curb if they are not riding "at the speed limit" or they'll be cited for impeding auto traffic that is only moving at 1/3-1/2 the "normal" speed.
It is clear bicyclists are always at fault - if autos block the road and reduce bicycle speeds, the police threaten to cite bicyclists for going too slowly.
I have an uncomfortable feeling that I could be doing the posted speed of 30 down Katy Road (not hard to do on the way home when the wind is from the north) and be ticketed for impeding traffic. I HAVE been passed on that road while doing that speed. Heck, I'm not confident I might not be ticketed for same when riding down Timberland Blvd at 25 in the 20mph school zone.
I don't think this is really as much about speed or such, as much as seeing a cyclist assertively riding on any road from behind the windshield of a car. At any time - if there's a shoulder or sidewalk that cyclist COULD be using.
Stephen,
ChipSeal was indeed cited on a later date for riding on the highway between Ennis and Waxahachie, where the speed limit in 65 mph. It's the only road to get from Point A to Point B (where essential services are found).
Stephen,
The speed limit on the rolling, two lane Farm to Market Road from Reed's house to ANYWHERE is 60 mph.
It's not like he has many options on the roads he can use.
PM,
Thanks for your comments - I don't doubt that ChipSeal did ride on roads with 65mph limits, nor do I have see reason to question his decision. My observations are that traffic conditions vary greatly and the sight lines in your photos are far longer than any I've seen locally. The traffic counts you mention are also far lower than in PA and DE
Here, we have lots of alternative to the interstates, the only roads with 65mph limits. Unfortunately this still legally excludes bicyclists from major bridges. I'm not willing to make a 50-80 mile detour compared to the same trip by car, so I rarely go to NJ.
It sounds like the police thought it would be harder to ticket ChipSeal successfully at a location with no shoulder, no alternative routes, and no problems passing. Ticketing him in a 30mph zone with passing lanes implies to me they wanted to ticket him for anything they could, and that riding at or above the speed limit won't avoid legal problems if the police think a judge or jury will accept some other excuse.
Stephen, you'd make a good carpenter, because you have hit the nail squarely on the head.
Thank you!
Here's a counter example (sort of) in California. Cyclist Eric Okerblom riding two feet left of the road edge on a narrow rural road with 55 mph speed limit hit from behind and killed.
Instead of blaming the victim for riding in that location, in this case the local prosecutor charged the driver with misdemeanor vehicular manslaughter.
From the article: "The prosecutor said he went out to the scene of the wreck and looked around before charges were filed. “This was in no way, shape or form ... an unavoidable accident,” said the district attorney."
@Stephen wrote:
"e;I think the whole point is that since bicyclists are not traffic, they are not allowed to use the road. Period. The rule is "normal" speed of traffic, not the actual rule."
I'm not sure if these statements reflect personal opinion or whether you are attempting (and failing) to play devil's advocate.
A bicycle is defined as a vehicle in the state of Texas. Furthermore, traffic is defined as "means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel." Therefore, a bicycle is, indeed, traffic and as such is afforded all of rights and responsibilities, accordingly.
§541.201.(2) - vehicle definitions
§541.301 - traffic definition
WRT to the accusation of impeding traffic, the law defining that concept [ref.§545.363.(a)] includes a very important disclaimer. It reads, "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." Another important statute to bear in mind is §551.101.(a).(2), which reads "A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless ... a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle." Considered in combination and since it is physically impossible for a cyclist to maintain a sustained speed of thirty miles per hour without physical and mental exhaustion so severe as to constitute a safety hazard to themselves and other vehicles, cyclists are excepted from the impediment rule.
I like it since I took it! :-)
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