http://cycledallas.blogspot.com/2010/03/why-do-cyclists-eat-their-own.html

Fortunately in most (43) US states the “impeding traffic law” only applies to motorists, not the drivers of non-motorized vehicles, and two states have no such law (HI and MA). Only 5 states, CA, MI, NH, OH and TX have impeding traffic laws that are badly written to improperly criminalize bicyclists.

A motorist that is “impeding traffic” can easily press the accelerator to increase their speed to a level that would be considered normal and reasonable for a motor vehicle driver, whereas a bicyclist cannot, and this critical distinction is why such laws should not and do not apply to bicyclists in most US states.

Reed’s case is but a symptom of improper laws in 5 US states that will continue until we can fix the bad laws in CA, MI, NH, OH and TX.

How dare human beings who are not currently in a car think they have any rights!

How does this “keep up to max speed” principal work for tractors, horse-n-buggy or small mopeds? It DOESN’T. Each vehicle has it own safe operating speed and as long as they are moving a reasonable speed they are not impeding traffic anyone more than other cars.

Andy wrote: “you ARE impeding traffic if you have a legal and safe area to ride in and choose to ride in a traffic when most other vehicles are moving significantly faster.”

Cyclist can make the best judgment where to ride. Personally I have never seen a shoulder that was as clean as the road. Delay is a fact of life on any road or street, every stoplight, signs, other cars, poor roads causes delay. Cars cause most traffic delay. It is impossible for anyone to use the roads without occasionally causing delay to others. A cyclist is a minor re-distribution of delay.

Try reading: “Commute Orlando: Damaging Mythology of Delay”
http://commuteorlando.com/wordpress/2008/09/24/the-damaging-mythology-of-delay

“Why doesn’t he operate on the shoulder? - http://cycledallas.blogspot.com/2010/03/why-doesnt-he-operate-on- shoulder.html

Cory wrote: “So - in other words, although he [Selz] was found not guilty of violating the minimum speed, they could have charged him with a violation of another statute instead. You’re right Andy #10, this was “gross negligence from the prosecution,” in that they couldn’t get their statutes right.

Impeding traffic (Slow Speed) and Operating a bicycle “far to right as practicable” (FTRP) are separate laws and issues. Selz was was found on appeal NOT GUILTY of Slow Speed (impeding traffic), there is no “minimum speed law” on that particular road or for that matter most roads in Ohio. ORC 4511.22(C) revised in 2006 clarifies impeding traffic: “In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.” Slower speeds of the operating vehicle does not imply automatically impeding traffic, does that make sense? Have you never waited behind a tractor on country road? Jeez, what’s the hurry?

Cory wrote: “Wow, such hatred of me right away”

I didn’t see that in any ad hominem, personal attacks but starting off with calling someone epithet, show lack of good judgment and respect of others ideas.

Andy wrote: “I’m a bicycle advocate and on the local bike/ped council. I biked 5,000 miles last year on the local roads. I know all the local laws and the rules of the road. I also know the courtesies, which are not written.”

Using “due care” is all the rules of the road I need or courtesy I want, Thanks so much for sharing!

Sec. 551.103 of the Texas Transportation Code (TTC) clearly shows that riding a bicycle in the travel lane and at a speed lower than the maximum posted speed limit (in the presence of faster traffic) is not prohibited, but instead anticipated, expected and allowed. If operating in the roadway is legal, why are you bent out of shape over it?

“Cyclists should ride about 3ft from a curb or parked cars, in a predictable manner.”

You forgot to add, “if it is safe to do so.” Not only do I obey all traffic laws at all times, I operate in the safest manner possible. I drive in a safe predictable manner that is the most courteous to overtaking and crossing drivers.

“But you ARE impeding traffic if you have a legal and safe area to ride in and choose to ride in a traffic when most other vehicles are moving significantly faster.”

I impede traffic all the time. You make it sound like impeding others is a bad thing. I never illegally impede traffic.

The presence of a shoulder does not necessarily indicate a safe area to drive on. It is not designed or maintained as a travel lane. The roadway is designed and maintained as a travel lane. By definition a travel lane is safer to drive on than a shoulder. The driver of a bicycle has the legal option to drive either in the travel lane or on the shoulder. I choose the safe roadway over the dangerous shoulder.

“So, riding in the road is not bad, it’s just that riding in a lane when there is no reason to not use a shoulder is definitely an necessary impediment to traffic.”

Anytime a slow vehicle is driven on the roadway slower than other traffic, there will be impeding going on. The question is, is that impedance the legal kind or the illegal kind? Because bicycles are given the statutory right to use the roadway, even in the presence of faster traffic, it is the legal and lawful kind of impeding.

Indeed, many things might cause other traffic to slow, but are commonly accepted and not illegal “impeding”, including:
Making left turns, pulling a heavy load, driving at some a speed other than “the maximum speed limit plus grace margin” and operation of a farm/construction equipment, plows or other vehicles which the primary purpose of isn’t transportation.

“If he continues to ride this way, he should either get 500 other cyclists with him so that they ARE traffic, or just stay away from faster vehicles where a safe cycling area exists”

I am astonished at you have turned common traffic law on it’s head! It only takes a singular person using the public road for travel to become traffic. Consider the definition in the TTC: “Sec. 541.301. TRAFFIC. In this subtitle “traffic” 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, since I am using the public road for travel on a defined vehicle, I am traffic. I am equally traffic as much as any other road user, whether they are riding a horse or driving an automobile.

I am not required to “stay away from faster vehicles” beyond observing their right-of-way. It is faster traffic that has the duty to overtake me in a safe manner and with due care. I have no obligation to get out of their way if I am operating in a legal manner. Where do you get such silly notions? It is certainly not from the traffic laws!

Cory displays the lack of education that many LAB members and traffic-cycling graduates have achieved. Smart riders do not put themselves in harms way by riding as far to the edge as possible and try to get out of cars way.

Riding a bicycle in the proper position in the lane enables other road users to see you and plan for safe overtaking. Proper positioning in a sub-standard width lane (less than 14 ft wide in many states) prevents a motorist from passing you dangerously close.

Cory, consider to find a League of American Bicyclists class or instructor and learn to be a safer rider.

Yes, in a physiscal sense he is “impeding” traffic. That really isn’t the issue.

The issue is whether such “impeding” is illegal. If the right-hand lane is < 14 wide, then he is not required to ride FRAP (that is, he can ride in the middle of the lane). He certainly isn’t required by law (in TX) to ride in the shoulder. He can’t really be charged for “(illegally) impeding traffic” if he was riding at a normal speed for a bicycle. That is, a bicyclist can’t be required to travel at a high (car) speed (eg, 45 mph) because that “cannot by its nature apply to a person operating a bicycle” (from the TX “bicycle” law).

Chipseal’s not breaking the law, and he shouldn’t be arrested.
Plain and simple.
There isn’t even any impeding, because there’s a passing lane.
It’s police harassment and motorists simple don’t like it.
That’s not a valid reason to arrest somebody.
It’s discrimination based on vehicle type.
If you prefer riding the way you do, I don’t give a hoot.
Ride on, man… ride on.