Page 11 - May June 2022 CBA Report

511.55. Subsection (A) requires that “ eC
h V f
t
a a
f
i
a w
The “too narrow” provision of Subsection (C) is a secret weapon. Certainly, a fourteen ot lane does allow “sharing.” Subsection (C) allows the cyclist to “Take The Lane” –
as practicable[.]”
Subsection (C) qualifies the practicability language above:
This section does not require a person operating a bicycle or electric bicycle to ride
ating a bicycle or electric bicycle upon a AFRAP Rule. The last sentence of R.C. every lane in Ohio is “too narrow” to be
the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that m
roadway shall ride as near to the right 4511.55(C) bears special attention. It is, shared, then virtually every lane in Ohio require riding away from the edge of the roadway include when necessary to avoid fixe
side of the roadway as practicable[.]” frankly, the exception that swallowed the is a lane in which the cyclist can choose a
Rule. safer lane position without being in viola-
or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsa
Subsection (C) qualifies the practica-
Keri Cafferty, a Florida graphic artist tion of the AFRAP law.
or impracticable to do so, including if the lane is too narrow for the bicycle or electr
bility language above:
and bicycle advocate, created the graphic
a truck and Kentucky’s Three Foot Law: bicycle and an overtaking vehicle to travel safely side by side within the lane.
This section does not require a person
below which shows how
One should note that the word "practicable" is used over 400 times in the Ohi
operating a bicycle or electric bicycle to
bicycle cannot safely share a fourteen-foot- wide lane. Virtually EVERY lane of every road on which cyclists ride in Ohio is less
KRS 189.340
vised Code – and is undefined throughout. The 2006 amendments added R.C. 4511.55(
ride at the edge of the roadway when it is
Subsection (2) of KRS 189.340 was
unreasonable or unsafe to do so. Condi-
depth to what is “practicable” by allowing anexceptiontotheAFRAPRuaclyec.listTthoeignolraesthtes“AeFnRAteP”nlcaweinofR.C.4511.55(C)bearsspeci
tions that may require riding away from
than fourteen feet wide. The safety-valve of Subsection (C) offers a bit of definitional
amended in 2018 to include bicycles and
the edge of the roadway include when
further amended in 2019 to include elec-
Kentucky’s Three-Foot Law includes a ention. It is, frankly, the exception that swallowed the Rulev.ery clear prohibition on overtaking or
necessary to avoid fixed or moving objects,
tric low-speed scooters.
Unlike Ohio’s Revised Code 4511.27,
parked or moving vehicles, surface
most situations.
The “too narrow” provision of Subsec-
hazards, or if it otherwise is unsafe or
tion shall: ... If there is only one lane
Keri Cafferty, a Florida graphic artist and bicycle advocate, created the graphic belo
impracticable to do so, including if the
tion (C) is a secret weapon. Certainly,
passing a cyclist: “Vehicles overtaking a
ich shows how a truck and bicycle cannot safely share a fourteen-foot-wide lane. Virtuall
lane is too narrow for the bicycle or elec-
a fourteen-foot lane does not allow
bicycle...proceeding in the same direc-
tric bicycle and an overtaking vehicle to
teaching “transportation” cycling, which ERYlaneofeveryroadonwhichmecanysctloicshtososreiadlaeneinposOitihoniothaitsislessthanfourteenfeetwide.Th
travel safely side by side within the lane.
“sharing.” Subsection (C) allows the cyclist
for traffic proceeding in the same direc-
ticable” is used over 400 times in the
adequately into the lane, and away from
Ohio Revised Code — and is undefined
the edge, so as to make the cyclist more
throughout. The 2006 amendments added R.C. 4511.55(C) as an exception to the
conspicuous to all traffic. Since virtually
KRS 189.340(2)(a).
to “Take The Lane” — a phrase used in
between any portion of the vehicle and ety-valve of Subsection (C) offers a bit of definitional depthtehbitcyoclew...ahndatmaiisnta“inptrhatcdtisitcanacbe le” b
until safely past the overtaken bicycle[.]”
One should note that the word “prac-
tion, pass to the left of the bicycle... at a distance of not less than three feet
owing a cyclist to ignore the “AFRAP” law in most situations.
THE REPORT | May/June 2022 | CincyBar.org 11