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Given the recent incident on 620 and the (nearly reflexive) assumption that the driver was at fault, I have a riddle for you.
I am driving in the right lane. There is a very wide shoulder on my right and it is a known bike route. I need to turn right. Do I...
a) turn right across the shoulder?
b) signal, merge into the shoulder, and turn right?
Set aside the laws for a moment and just think about raw safety. Or think about it this way.
I am driving. There is a lane on my right. I need to turn right. Do I...
a) turn right across a lane of traffic?
b) signal, merge into the lane of traffic, and turn right?
As a cyclist, I *WANT* the drivers to move into my lane in order to make a turn. Merge as they would any other traffic. Maybe behind me, maybe in front of me if they're far enough up. I find it immensely safer to have their intentions telegraphed so obviously. And, I think they behave more predictably when the rule there is the same as the rule they're hopefully already practicing when they move from the middle lane to the right lane.
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You are right. A motorist should merge to the curb before turning right. In the case where a cyclist is behind and maybe not noticed by the driver, the cyclist will know not to come up on the motorist's right. See: http://www.sfbike.org/news/bike-lanes-and-right-turns/ citing CA law.
Austin's ordinance is more ambiguous.
Bookmark§ 12-1-21 DRIVING IN BICYCLE LANE.
(A) A person may not drive a motor-propelled vehicle in, on, or across a bicycle lane except:
(1) to enter or leave a driveway, building, or alley;
(2) to enter or leave a parking space; or
(3) for a bus, to enter or leave a bus stop.
(B) Subsection (A) does not apply to a bicycle, scooter, or other similar vehicle that is equipped with an electric motor that is capable of propelling the bicycle, scooter, or vehicle at a maximum speed of 20 miles per hour.
(C) A person may not drive on or cross a bicycle lane under this section without first yielding the right-of-way, if necessary, to avoid collision or interference with bicycle traffic. Source: 1992 Code Section 16-1-13; Ord. 031204-13; Ord. 031211-11; Ord. 050310-13.
I think it should be clear that failing to merge toward the curb before turning right, even when merging puts a motorist in the bike lane, should earn you a ticket.
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I guess I interpret § 12-1-21 differently than you do, Jack.
Read literally, as laws should be, it seems quite clear -- the only reason for a car to drive in a bike lane is to park. (Also note that their list of exceptions in (1) does not include turning onto another street -- so if the bike lane doesn't end at the intersection, the law, as written, does not permit a driver to turn right at all. Which is absurd, but it's what the law says. Fortunately, bike lanes normally end before interesections around here, but I do seem to recall a few exceptions.)
Compare to the Texas law for driving on a shoulder --
§ 545.058. DRIVING ON IMPROVED SHOULDER. (a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:
(1) to stop, stand, or park;
(2) to accelerate before entering the main traveled lane of traffic;
(3) to decelerate before making a right turn;
(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;
(5) to allow another vehicle traveling faster to pass;
(6) as permitted or required by an official traffic-control device; or
(7) to avoid a collision.
(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but
only:
(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of
the roadway;
(2) as permitted or required by an official traffic-control device; or
(3) to avoid a collision.
(c) A limitation in this section on driving on an improved shoulder does not apply to:
(1) an authorized emergency vehicle responding to a call;
(2) a police patrol; or
(3) a bicycle.
... which is much less restrictive.
Now, this said, I'd say that the Austin bike lane law was poorly written. Like you, I'd prefer that motorists merge into the bike lane before turning right rather than turning right, but as written ... the law only does not require that motorists "merge towards the curb before turning right", but in fact makes that illegal if that merging involves occupying a bike lane.
That said, I don't recall any instances of APD ever citing a driver for §12-1-21 who merged into a bike lane before making a right turn as long as it was done shortly before the turn -- and in fact, I personally generally drive that way even though I know the law prohibits it. Their policy guide doesn't seem to mention anything in their "Uniform Traffic Enforcement" section, so maybe they just don't realize that the law seems to prohibit it?
I haven't read California's law carefully, but it sounds like an improvement over ours. (Texas law doesn't deal with bike lanes at all beyond acknowleging that they may exist -- all the laws regarding bike lanes in Texas are local laws.)
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