Hi,

Lauren Cooper, a guest in our county (Nelson County, Virginia) told me that while she was bicycling south on Virginia 151, between Nellysford and 664 (the road up to Wintergreen), with her left arm out and flashing her hand to caution an approaching car, the overtaking driver's mirror hit her hand hard, causing pain and bruising. They called the sheriff and a state trooper responded and ticketed Lauren for "impeding the flow of traffic." She told me that the police report states that there was "no accident". The incident occurred on VA 151 between Nellysford and VA 664, the road up to Wintergreen.

The trial is set for 9 am on July 11, 2001 in Lovingston.

Lauren, an experienced bicyclist and a dedicated bicycling advocate, is the author of the "Police Public Memo" posted on the site of the Virginia Bicycling Federation: http://www.vabike.org/police.htm This paper clarifies "existing traffic laws for motorists and bicyclists" and explains that "bicyclists are by law allowed a full traffic lane whenever needed."

As many of my friends know, I must use VA 151 if I am bicycling anywhere from my home. When I first experienced bicycling on this highway I was often quite scared and I would cling to the few inches of pavement outside the white line as far from traffic as I could get. I noticed that most drivers would not even slow down when they passed, including the large tractor trailer trucks, and would pass very close to me.

With experience and after reading safe cycling literature and researching the laws of Virginia, I changed the way in which I ride on the highway, especially VA 151. I stay in the lane so that drivers see me and perceive that I am in our common space. When drivers slow down behind me I move over more to the right to assist them in passing. Frequently when traffic is approaching from the opposite direction or curves block the forward view, I will take the full lane to insure that vehicles do not try to pass me which could force me off the road or result in a head-on vehicle collision.

My experience has taught me that sharing the road in this manner makes it safer for all the highway users.

There is a searchable database for the Code of Virginia on the web at: http://leg1.state.va.us/000/src.htm At the bottom of this message I have included some of the Virginia laws that relate to Lauren's incident and support my manner of bicycling on the highways.

In Maryland Bob McCutcheon was charged with "Failure to ride as near to the right side of the road as practicable and safe." He has a web page at: http://fort29.webjump.com/ and you can download two PDF files:

1) Description of circumstances surrounding the citation:
http://freehosting2.at.webjump.com/2346bc688/fo/fort29-webjump/citation.pdf
and 2) Planned defense against charges contained in the citation:
http://freehosting2.at.webjump.com/2346bc688/fo/fort29-webjump/court_case.pdf

I quote from the "citation" file: "I am a certified cycling instructor with over ten years of bicycle commuting experience in the MD suburbs of Washington, DC. While returning home after dark on the evening of March 15, 2000, I was cited for violating §21-1205, paragraph (a), of the Annotated
Code of Maryland: failure to ride as near to the right side of the road as practicable and safe. The present informal memorandum describes the circumstances of the citation and is divided into four sections: background, citation, request for advice, and conclusion. My defense against the charges is presented in a separate document available at fort29.webjump.com/court_case.pdf."

The case was dismissed because the citing officer failed to appear.

In Ohio Steve Selz "was issued a ticket for impeding traffic under Section 333.04 of the City Of Trotwood code, which reads as follows: "(a) no Person shall stop or operate a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law."

He was found guilty but won on appeal. You can read about his case on the Ohio Bicycle Federation web site: http://www.ohiobike.org/selz_appeal_explanation.htm The various links
provide a lot of details about the case.

On July 11 at 9 A.M. we will have an opportunity to observe how the court in Lovingston interprets Virginia's laws in the case of Lauren Cooper. I hope others will join me in the courtroom to hear the presentation and judgement.

At the bottom of this message I have included some of the Virginia laws that relate to Lauren's incident and support my manner of bicycling on the highways.

Ron Enders

§ 46.2-800. Riding bicycles or mopeds; riding or driving animals. Every person riding a bicycle, moped or an animal or driving an animal on a highway shall be subject to the provisions of this chapter and shall have all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise.

§ 46.2-839. Passing bicycle, moped, animal or animal-drawn vehicle. In approaching or passing a person riding a bicycle, moped, animal or animal-drawn vehicle, the driver of a motor vehicle shall pass at a safe distance and at a reasonable speed.

§ 46.2-905. Riding bicycles and mopeds on roadways and bicycle paths. Any person operating a bicycle or moped on a roadway shall ride as close as practicable to the right curb or edge of the roadway, except under any of the following circumstances:

1. When overtaking and passing another vehicle proceeding in the same direction;
2. When preparing for a left turn at an intersection or into a private road or driveway; and
3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right curb or edge. For purposes of this section, a "substandard width lane" is a lane too narrow for a bicycle or moped and another vehicle to pass safely side by side within the lane.

§ 46.2-804. Special regulations applicable on highways laned for traffic. Whenever any roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following:

5. Wherever a highway is marked with double traffic lines consisting of a solid line immediately adjacent to a broken line, no vehicle shall be driven to the left of such line if the solid line is on the right of the broken line, but it shall be lawful to make a left turn for the purpose of entering or leaving a public, private, or commercial road or entrance.

6. Wherever a highway is marked with double traffic lines consisting of two immediately adjacent solid lines, no vehicle shall be driven to the left of such lines, except when turning left.

§ 46.2-838. Passing when overtaking a vehicle. The driver of any vehicle overtaking another motor vehicle proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.

§ 46.2-843. Limitations on overtaking and passing. The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made safely.

§ 46.2-852. Reckless driving; general rule. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

§ 46.2-854. Passing on or at the crest of a grade or on a curve. A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

§ 46.2-861. Driving too fast for highway and traffic conditions. A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

§ 46.2-868. Reckless driving; penalties. Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.

§ 46.2-100. Definitions. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or an unpaved area.

"Shoulder" means that part of a highway between the portion regularly travelled by vehicular traffic and the lateral curbline or ditch.

"Traffic lane" or "lane" means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles.