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“SHARE THE ROAD” [STILL] Stinks…

By: Steve Magas, September 26, 2010

“Share The Road” to me, actually STINKS as a marketing & legal concept… in fact, it’s not “legal” at all…

 

 

 

Usually diamond-shaped and yellow, these “warning signs” caution drivers that the road is slippery when wet; there is an intersection ahead, the lanes narrow, or there may be bicyclists, farm animals, or wildlife on or near the roadway. Somehow cyclists are supposed to be comforted by the notion that Big Brother is “protecting” us by putting out a “warning” that we are nearby – as though we are a hazard to motorists, like deer leaping from the woods or kids darting out after a ball. They might as well put up “Bikes Might Be In The Way” signs…

The whole point of the “SHARED lane” marking is to indicate to motorists that they ought to “share THEIR lane” with cyclists. This entire line of thought has always baffled me, frankly, because it implies that motorists OWN the lane and must be told, or just asked, to “share” a bit of it with cyclists.

I wrote this piece in 2010 – and nothing has changed in the interim to cause me to update, change or modify my view that “Share The Road” STINKS, as a legal concept – and as verbiage on a yellow WARNING sign.  From the MUTCD comes this language about Warning Signs:

 

“Warning signs call attention to unexpected conditions on or adjacent to a highway or street and to situations that might not be readily apparent to road users. Warning signs alert road users to conditions that might call for a reduction of speed or an action in the interest of safety and efficient traffic operations. “

Is a bicycle on the road an “unexpected condition?”  One that is not “readily apparent” to road users? Does the STR sign call for a possible “reduction of speed” or an action by a motorist “in the interest of safety?” Who is being asked to “Share” and what is it, exactly, that is to be shared?

“Sharing” is not a concept mandated by law, but is an altruistic concept that relies upon the goodwill of the Share-or to give up a little bit of that which he owns to the Share-ee.  No law says that the motorist owns the road and the cyclist may borrow it sometimes, IF the motorist feels like sharing. Yet, motorists frequently act like my two year old son did almost 20 years ago when he was asked to “share” – instead of displaying his altruistic  tendencies, he tightened his grip on the “toy-to-be-shared,” got in the face of the proposed “Share-ee” and loudly proclaimed, MINE!”

Indeed, if the law said you ought to “share” the space, a motorist might legitimately claim ownership of the road and say, “MINE!”

But this is not the law. Rather, the law is that a PERSON wishing to use the public roads has the right to CHOOSE the vehicle on, or in, which to travel. A bicycle and a car and a truck and a bus and an Amish buggy and a large piece of farm equipment are equally valid, legitimate and lawful choices as vehicles. When it comes to the right to be on the roadway, a person who chooses to ride a bicycle on the roadway has exactly and precisely the same bundle of rights as one who chooses to operate a car.

RIGHT TO TRAVEL – RIGHT TO USE THE ROADS

Remember this –> The rights belong to the person, not the vehicle. The RIGHT is the RIGHT TO TRAVEL on the public ways. The Right is not bigger if you choose a bigger vehicle…

In 1215, in merry old England, the Magna Carta enshrined the “right to travel” stating:

“It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.”

The “right to travel” has been recognized by the U.S. Supreme Court in U.S. vs. Guest which held citizens maintain “… the constitutional right to travel freely from State to State and to use highways and other instrumentalities for that purpose…”

In Packard v. Banton, the Supreme Court said, “The streets belong to the public and are primarily for the use of the public in the ordinary way.”

In Kent v. Dulles, the Court said, “…The Right to travel is part of the Liberty of which the citizen cannot be deprived without due process of law ...”

In Ohio, “…the right to intrastate travel is a fundamental right held by each citizen and cannot be deprived without the due process of lawState v. Burnett (2001), 93 Ohio St.3d 419, 428, 2001 Ohio 1581, 755 N.E.2d 857…”

The Virginia court said, in Thompson v. Smith: “The right of the Citizen to travel upon the public highways …. includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel….” In this case the tension on the roads was between cars and the horse/buggy configuration but the court’s use of the phrase  “ordinary and usual conveyances of the day” is certainly broad and bicycles, having been around longer than cars, certainly fit the bill!

With regard to the right to travel and move about the country, a Mississippi court held in Teche Lines Inc. v. Danforth, held as follows:

“…The right of a citizen to travel on public highway is a common right which he has under his right to enjoy “life, liberty, and pursuit of happiness,” and the right to “travel,” which means the right to go from one place to another, includes the right to start, to go forward on the way, and to stop when the traveler’s destination has been reached, and also the right to stop on the way, temporarily, for a legitimate or necessary purpose when that purpose is an immediate incident to travel…”

Of course, good quotes cannot just be strung together to make a real legal argument in a real court case, and none of these cases are “bike cases.”  However, it seems very clear to me that virtually every court in the country would be forced to agree that  you have a fundamental right to use the public ways, the roads, to move about the country.  So long as your vehicle choice is one permitted by state law and you obey the traffic laws, you have the right to use most public roadways for bicycle travel.

RIGHT OF WAY LAW

So the PERSON, the “citizen,” not the vehicle, possesses this “right to travel.”  But, once you’ve walked into your garage, looked at your car, your truck, your motorcycle and your bike and  chosen to head out on the public way on your BIKE, what “rights” do you have on your bicycle?  Most states say you have the SAME bundle of rights as the operator of other vehicles, and the same responsibilities.  You don’t get bigger rights because you choose a bigger vehicle and  you don’t get shafted by being granted lesser rights for choosing a smaller, lighter-weight, economical, “green” bicycle!

The person driving “lawfully” in the front of the pack of “traffic” typically has the “right of way” and the rights of the operator of the vehicle operated behind, or passing, are subservient to the one with the right of way.  This “right of way” is a very powerful collection of rights which should not be given up, or “shared,” by the cyclist.

In Ohio, for example, the “right of way” is defined in O.R.C. 4511.01:

(UU) “Right-of-way” means * * * :

(1) The right of a vehicle, streetcar, trackless trolley, or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or the individual is moving in preference to another vehicle, streetcar, trackless trolley, or pedestrian approaching from a different direction into its or the individual’s path;

Note – the word “share” is not in the law.  

There is no crying in baseball, and there is no “sharing” in the right of way law.  So, really, this concept of “sharing the road” has absolutely no business being in the transportation lexicon.  Advising a motorist who is coming up on a bicyclist from behind to “Share The Road” with the cyclist riding in the lane ahead is fundamentally and legally WRONG.  You either HAVE the right of way or you don’t.

The cyclist riding ahead of the car owns the right of way and does not have to share… in fact the cyclist shouldn’t “share.”  Once the cyclist gets into a “sharing” mentality, the cyclist has lost the battle.  You HAVE a “right” – the right of way – which is actually a very powerful collection of rights. However, you have to ASSERT that right – use it or lose it.  The fact that you have a right means nothing if you don’t USE it. 

Remember, the cyclist ahead of the motorist has the right of way –  the right to proceed forward in an uninterrupted manner.  The operator with the right of way, as the preferred vehicle, has rights that are GREATER than other vehicles.   A “Share The Road” sign may give the motorist behind the cyclist the wrong message that the motorist can choose to share, or not, since the implication is that the bigger car has bigger rights that supercedes the right of the cyclist.  It may also give the motorist the wrong impression that the LANE can be “Shared” with the bicycle – i.e., that they can co-exist side by side in the same lane.

Worse, such a sign may cause the motorist to believe that the sign is aimed at the cyclist – telling the cyclist to “share the road” with bigger, faster vehicles.  The motorist may be encouraged by the sign to view the cyclist as one who has actually SNATCHED HIS RIGHT TO DRIVE HIS CAR away, which ticks off the motorist, who may not WANT to “share” his roadway…

The Right of Way is valuable – it’s important – and it’s something cyclists should not be asked by the state to SHARE.

Printed from: http://www.ohiobikelawyer.com/uncategorized/2010/09/share-the-road-stinks/ .
© 2014.

66 Comments   »

  • Steve Magas says:

    Nobody on a bike goes 5 mph. Cyclists are hyper-aware of every mile per hour in a way that motorists can’t imagine. An average speed for an untrained rider might be 10-15 mph – for an experienced rider, 15-20. A far cry from the “5mph” cited and more than adequate to keep up with traffic on most city roads – on 45-55mph country roads, there is more of a disparity but not one that hasn’t “worked” for the past 100 years – when motorists pay attention and when cyclists follow the rules of the road. A motorist going 45-55 MUST, by law, respect the right of way of ANY legitimate road user – whether the motorist comes up on an AMish buggy driver, slow moving farm equipment, or cyclist. Most of these types of crashes occur because the motorist is distracted or fails to appreciate the presence of the slower moving vehicle. Fortunately, MOST crashes are not rear-enders from folks passing cyclists… The most likely way a cyclist and motorist get into a crash is when the motorist comes into the cyclist’s right of way – a left turn into an approaching cyclist – pulling out from a driveway, passing the cyclist, then turning right, into the cyclist…

  • marc says:

    I think we don’t need to change all the share roads signs. How about a sign that says share the road not the lane. Give bikes the same room you would another car. As far as the example with you kids and sharing. We could have the sign say Share the road or lose your driving privileges for 1 year and get 5 points. It works on stop signs. Complete stops free rolling stops $117 and 5 points, your choice.

  • Jack taylor says:

    Every user shares the road with every other user, the slogan does no more than stress that fact applies to bicyclists. To interpret otherwise is most peculiar- perhaps paranoid or delusional.

  • Steve Magas says:

    Then why have a sign? THe purpose of the sign is to WARN motorists that cyclists might be in the way, and that they ought to “share” the road with the cyclists. These signs are never found in the tricky, narrow winding areas – only in the big thoroughfares where “sharing” is easy – The only paranoid or delusional thinking is that these signs have any meaning or do any good.

  • Keith says:

    I feel the same way about bike lanes, Paths or what ever you call the two lines that they expect bicyclist to stay in and which are dangerous to really be in. “Road belongs to all” is more like it or nothing at all. This is just to please those that complain so they can say that they are at least trying to protect people.

  • J Milan says:

    Just want to commiserate.

    I’ve been blogging for over a year and while always a bike rider, I became a serious daily commuter 3 years ago.

    I make many similar points about the state of ROW use in my blog and Google+ Page.

    Pleased to find you on the interwebs!

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