By Sutton R. Stokes, 9-12-08
| Caption: As clear as the law is concerning cars and bikes, relatively little guidance is offered concerning when camel riders have the right of way. Photo by Flickr user borkur.net. Some rights reserved. | |
It wastes your time and annoys the pig biker.
You don’t have to bike in Missoula for very long before you start to notice confusing and contradictory reactions from drivers. It might happen at a four-way stop, where some drivers will wave you ahead out of turn, or at a busy cross-street, where some drivers will come to a stop to let you cross, even when you have a stop sign and they do not.
As a result, it’s easy to start thinking that bicycles have right of way over cars, like pedestrians do. Bikes don’t have engines, after all, so they’re powered the same way pedestrians are. Bikes sure aren’t as fast as cars. And if a car strikes someone on a bike, the car wins. So it’s not surprising that so many Missoulians think drivers are supposed to stop for bikers, just like they’re supposed to stop for pedestrians.
The only problem is that this is wrong. (Mostly.)
Montana state law, also known as the Montana Code Annotated, is searchable here.
I performed a search for the word “bicycle” and combed through the 28 results, finding no provision requiring drivers to yield to bikers at intersections, except — here’s why I said “mostly” above — when a bicyclist is riding across the street in a cross walk.
So let’s get crosswalks out of the way first: unless there’s a sign prohibiting it, and notwithstanding sniffy letters to the Independent, it is legal to ride a bike on the sidewalk in Montana and, therefore, through a crosswalk.
When you do, the law says that you have “all the rights and duties applicable to a pedestrian under the same circumstances.” As most Missoulians seem to know quite well, one of those rights is that cars must give way to pedestrians in crosswalks, so apparently cars need to give way to bikes there, too.
But that’s it. In all other circumstances, the annotated code goes on to say, “every person operating a bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle.”
This means that, when waiting at a two-way stop to cross a busy street, you — whether driving a car or riding a bike — must yield to through traffic.
This means that, at a four-way stop, you — whether driving a car or riding a bike — must yield to the vehicle that got there first.*
And this means that, when driving a car, you should not be making special allowances for bikes that you would not make for other vehicles, such as randomly stopping for them when you don’t have a stop sign.
For one thing, it’s dangerous. Most other cars aren’t going to stop, so drivers who do stop run the risk of being rear-ended by other vehicles whose drivers don’t understand what’s happening. And what if traffic going the other way doesn’t stop? You could be tempting an unwary biker out into a dangerous situation.
For another thing, it’s annoying. I thought that my brother, a devoted urban bicyclist long before I started dabbling this summer, was just being a purist when he told me years ago that bikers actually don’t like it when cars stop for them, but it’s true.
It just feels weird.
There you are, pedaling along, minding your own business, perfectly capable of getting from point A to point B on your bike without any assistance. Obeying the law, you come to a stop at a busy intersection and wait for traffic to clear. You see a gap coming up, and, while you are waiting for it, you are thinking about the things you have to do today and whether you turned the oven off.
Then, suddenly, traffic is stopping unexpectedly. All eyes are on you, and — if you decide to proceed — you have to heave your bike into motion from a dead stop and hope that these well-meaning drivers don’t change their minds while you make your wobbly way across the intersection.
It’s not the end of the world, but it is, as I said, annoying.
Here are some other laws that you might have wondered about concerning bikes on roads. (Warning: I’m a good reader, but I’m not a lawyer, so don’t depend on my interpretations to protect you in court if it comes to that.)
For more like this, read the rest of the Missoula Notebook.
Great article Sutton. I came across an idea a while back that I think would really help the driving situation here in Montana. I think all road users (motor vehicle operators, cyclists, skateboarders, etc..) over 16 (or whatever) should simply need to have a drivers license and have taken a REAL drivers test to earn it. I don't count the silly drivers test most of us took when we were 15 or 16 years of age as a meaningful qualification of a persons ability to use the road safely. Persons wanting to use the roads would simply need to retake a fairly challenging test every couple of years to make sure they know how to safely use the road.
It sure would not be popular but it would make the roads safer for everyone.
If I had a dime for every time I saw a cyclist actually obey a stop sign, I wouldn't have enough money to mail a letter of protest to the governor.
I've written about this before, and it's still the same thing--a few ignorant shitbirds create a mountain of conflict and animosity for us all.
Thanks for the excellent article, Sutton!
BTW, "shall" (as in "shall yield") is not advisory.
Shall means "must".
Keep up the good work to educate all of us on "sharing the road"!
Teaching a pig to whistle...? If that isn't a dig at Sarah Palin, I don't know what is.
Comment By Sutton R. Stokes, 9-15-08Thanks, CT. I changed some "shoulds" to "musts" and "are required tos."
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