[*BCM*] [Fwd: Re: [massbike] Globe: Bicyclists are entitled to use the entire lane of traffic]

[Turil]

Indeed!  Good points all around.

Thanks Tom!

-Turtle

On Mon, May 19, 2008 at 12:02 PM, Tom Revay <trevay at massbike.org> wrote:
> Turil <turil at thewiseturtle.com> wrote:
>
>> State law trumps any local ordinances, unless there is a variance sort
>> of thing granted by the state legislature (oh what the hell is that
>> thing really called?)
>
> Home rule petition.
>
>> Also, pretty much all those ordinances are so ridiculously worded as
>> to make them void in a court of llaw, at least by a good lawyer with a
>> legit judge.
>
> Well, you and David had the former, but not the latter, in your
> Concord situation, so as you know, the issue of whether the law is a
> strong one or not often doesn't matter.
>
> Also, civil (traffic) hearings before a clerk, as well as trial courts
> don't set aside laws -- that's left to an appellate court.
>
> So for a cyclist accused under one of these "ridiculously worded"
> laws, the foolishness of the act of the city council doesn't matter
> much.  The cyclist would have to 1) lose at trial, and 2) appeal the
> law and win, with the help their "good lawyer" who no-doubt costs good
> money.
>
> If a cyclist were to go that far, and the law is thrown out by his or
> her efforts, the they truly deserve the thanks of woman and man alike.
>  So present them with a laurel, and hardy handshake -- because that's
> all they're likely to get.
>
>> But really, it's all pretty meaningless when the court system is so
>> disconnected to the laws themselves.
>
> Right -- but, as Bones oft said to Capt. Kirk, "It's worse than that, Jim!".
>
> It's unlikely any cyclist will get a ticket from a Somerville police
> officer who observes the cyclist riding outside a bike lane.  What's
> more likely is that a cyclist riding outside a bike lane will be
> involved in a collision with a motorist, and that motorist's insurance
> company will use the law to assert that the cyclist is at-fault for
> the collision because the cyclist was breaking the law.
>
> After that -- good luck getting your bike fixed!
>
> -- Tom Revay
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