Fix disparity between TX Transportation Code and TX Drivers Manual
From Austin Bicycle Helmet Law
Revision as of 10:03, 4 July 2006
Introduction
Increasing road safety for bicyclists, pedestrians and motor vehicles alike starts with Education. For many road users, the Texas State Driver’s Manual may be the first and last guide to correct and safe road use they will see, so it needs to be clear, accurate and consistent with Texas State Transportation Code.
Inconsistent text excerpted from ‘The Texas State Driver's Manual’ with suggested changes listed in italics.
Suggested Amendments to the Texas State Driver’s Manual with Regards to Increasing Bicycle Safety
Sharing the Road with Bicycles (Chapter 9, section 7. page 56 on the PDF)
Bicycle Rules For Motorists
- 1. A bicycle is a vehicle and any person riding a bicycle has all of the rights
and responsibilities as a driver of a vehicle.
* Inclusion of the word “responsibilities” is misleading since bicycles are exempt from a number of traffic laws that motor vehicles operators must abide by. This is a frequent point of contention between bicycles and motor vehicles.
A better wording might be:
“1. Drivers must treat bicycle riders the same as drivers of other vehicles, Bicyclists are not out of place on the roadway. They are part of traffic and share the road with other drivers."
(This text was sampled from the State of Utah Driver’s Manual)
Two prime examples of these exemptions for bicycles are:
TX Transportation Code, Section 545.058 - Driving on Improved Shoulder. [i.e., a paved shoulder outside the traffic lane]
“(c) A limitation in this section on driving on an improved shoulder does not apply to:
(1) an authorized emergency vehicle responding to a call; (2) a police patrol; or (3) a bicycle.”
TX Transportation Code, Section 551.103 - Operation on Roadway
“(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway.”
Reference: http://www.capitol.state.tx.us/statutes/tn.toc.htm
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- 2. Bicyclists are required to ride as far right in the lane as possible only when the lane can be
safely shared by a car and a bicycle, side by side. Even then, there are certain conditions that allow a bicyclist to take the full lane such as:
a. The person is overtaking and passing another vehicle proceeding in the same direction.
b. The person is preparing for a left turn at an intersection or onto a private road or driveway.
c. There are unsafe conditions in the roadway such as fixed or moving objects, parked or moving vehicles, pedestrians, animals, potholes, or debris.
d. The lane is of substandard width making it unsafe for a car and a bicycle to safely share the lane side by side. When this is the case, it is best for the cyclist to take the full lane whether riding single file or two abreast.
** The wording here could easily be misread and is incomplete. The TX State Transportation Code, Section 551.103 - Operation on A Roadway adds the following:
“a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(4) the person is operating a bicycle in an outside lane that is:
(A) less than 14 feet in width and does not have a does not have a designated bicycle lane adjacent to that lane; or (B) too narrow for a bicycle and a motor vehicle to safely travel side by side.”
Reference: http://www.capitol.state.tx.us/statutes/docs/TN/content/pdf/tn.007.00.000551.00.pdf
The entire text of this section of the Driver’s Manual could actually be made clearer by simplifying it to something like this:
“3. Bicycles are not required to share a lane with another vehicle, however they must travel in the outside lane unless they are overtaking slower traffic, avoiding an obstacle or moving across to make a left turn.
Bicycles may take the full lane under the following conditions:
a. There are unsafe conditions in the roadway such as fixed or moving objects, parked or moving vehicles, pedestrians, animals, potholes, or debris.
b. The lane is under 14 feet in width and does not have an adjacent bike lane, making it unsafe for a car and a bicycle to safely share the lane side by side. When this is the case, it is best for the cyclist to take the full lane whether riding single file or two abreast.
c. They are overtaking and passing another vehicle proceeding in the same direction.
d. The person is preparing for a left turn at an intersection or onto a private road or driveway.”
This is accurate and not unreasonable; lane rights are another major point of contention between bicycles and motor vehicles
The State of Utah Driver’s Manual goes as far as to say:
<i>“Pass a bicycle in the same manner you would a car. Do not pass a bicycle in the same lane."
There are probably more that i missed
