I think the main thing to take from this discussion and to keep in mind
while out on the 'streets', 'highways', 'roadways' or 'whatever', is that
the laws cannot protect you from getting creamed and killed. Many of the
laws are stupid, short-sighted, dangerous, and wrong for bicyclists, even
though they may make sense for cars or pedestrians.

Nothing can protect you, except YOU, being proactive, using good judgement,
and IGNORING the laws that can kill you (when appropriate or necessary).
Somebody tried to take me out recently, and I dodged up onto the sidewalk; I
broke a law and saved my life.

There was a kid sitting by the side of the road the other day, and a car
actually SWERVED in order to RUN OVER AND BREAK BOTH OF HIS LEGS. That
motherfucker is riding around right now with a big grin on his face, looking
for his next chance to maim. Maybe the next swerve he takes will take out a
bicycle instead of a kid sitting by the road.

Don't let the law kill you. Ride like you have a target on your back, and
never let yourself get into a dangerous situation out of misguided respect
for the law. Hit the sidewalk when you need to.

It is interesting to note that very often, even when the bicyclist is in the
right and the car is in the wrong, the judgement of the court will favor the
car... Often the penalty for killing a bicyclist out of sheer gross criminal
negligence is a small fine and a few points...

Get angry and get scared, and let your riding reflect this. You will live
longer.

-Matt





>From: "John W" <opeapea@...>
>Reply-To: hawaiibicyclists@yahoogroups.com
>To: hawaiibicyclists@yahoogroups.com
>Subject: [hawaiibicyclists] Bike Laws
>Date: Fri, 09 Feb 2007 21:31:19 -0000
>
> > I guess you want to get into a debate on what seat and seat height
> > means. My bent does not meet the definition of a toy regardless. My
> > bent has a seat that is basically part of a chair. Suppose the chair
> > bottom is well below 25" but the chair back is above 25", it can be
> > reasonably argued both ways as to the bent being a toy or a vehicle.
> >
> > Maybe we can get back on topic of how to put an end to Adchoppers.
> >>
>
> > I guess you want to get into a debate on what seat and seat height
> > means. My bent does not meet the definition of a toy regardless. My
> > bent has a seat that is basically part of a chair. Suppose the chair
> > bottom is well below 25" but the chair back is above 25", it can be
> > reasonably argued both ways as to the bent being a toy or a vehicle.
> >
> > Maybe we can get back on topic of how to put an end to Adchoppers.
> >
>
>Well, the bike law debate may seem arcane but there are consequences
>to poorly worded laws. You are not allowed to operate a toy bicycle
>on the roadway, so if a car creams you and your bent a clever lawyer
>for the driver of the car could use that to say you were at fault and,
>frankly, I doubt if the judge would be impressed by you seat back
>argument. I'm not raising these issues just to be funny. If I had a
>bent I would certainly want to see this law changed.
>
>There was a mainland case where a bicycle was hit while on the
>shoulder in a state that had a law similar to our old law in Hawaii
>and the driver's lawyer argued that the bicycle was at fault because
>he was on the shoulder. People mistakingly think we don't need to fix
>the law if HPD isn't ticketing for it, but the question of liability
>in an accident is an important issue.
>
>The question of whether or not you can be ticketed for parking a
>bicycle to a bicycle rack for more than 24 hours is of interest to the
>readers of this list I would think. I've been trying to get our
>idiotic bicycle parking law changed for some time and have been
>unsuccessful mostly because a certain bike/ped coordinator opposes the
>change (correct me if I am wrong if you are reading this).
>
>There are a whole bunch of stupid laws like this - in Hawaii it is not
>legal to signal a right turn with your right hand even though nine out
>of ten drivers don't have a clue what you are doing when you use the
>legally approved hand turn signal. No big deal you say - think of the
>clever lawyer again.
>
>Well, maybe I'll update the web site - mostly I should put in the
>parking stuff and add in the helmet law - there haven't really been
>any other changes of significance since I put it up.
>
>
>
>
>
>

_________________________________________________________________
Check out all that glitters with the MSN Entertainment Guide to the Academy
Awards® http://movies.msn.com/movies/oscars2007/?icid=ncoscartagline2