The late councilmember Chris Riley was an early member of our email list, and below is his first post that I still have a record of.  Shortly before his death, he told me that this website in general and the email list specifically inspired him to get involved and make conditions better for bicycling, and he did exactly that, in spades.  It feels like he did more for biking that the rest of us put together.

Chris Riley’s first post to our email list

April 28, 1999

Bill:

I haven't looked at this before, but here's my shot at it:

The City of Austin Code provision you've cited begins, "Where no traffic control device or police officer directs otherwise . . . ." The sign or marking that makes the lane a right-turn only lane would be an official traffic control device as that term is defined in section 541.304(1) of the Texas Transportation Code (set out below). So in your situation, a traffic control device does direct otherwise.

Other provisions in the Transportation Code appear to support the view that you're not required to ride in the right-turn only lane. Section 551.103(a) generally requires bicyclists to ride "as near as practicable to the right curb or edge of the roadway," except: (1) when passing; (2) when preparing to turn left, or (3) when a condition of the roadway prevents you from safely riding next to the right curb or edge of the roadway. Sounds to me like the condition of the roadway you describe prevents you from safely riding next to the right curb.

And if this is a one-way road, section 551.103(b) expressly allows you to ride as near as practicable to the left curb or edge of the roadway.

The quoted portions of the Transportation Code are set out below. Hope this helps

--Chris Riley

Texas Transportation Code

Sec. 541.304. Traffic Control

In this subtitle:

(1) "Official traffic-control device" means a sign, signal, marking, or device that is:

(A) consistent with this subtitle;

(B) placed or erected by a public body or officer having jurisdiction; and

(C) used to regulate, warn, or guide traffic.

http://www.capitol.state.tx.us/statutes/codes/TN000093.html

Sec. 551.103. Operation on Roadway.

(a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:

(1) the person is passing another vehicle moving in the same direction;

(2) the person is preparing to turn left at an intersection or onto a private road or driveway; or

(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, surface hazard, or substandard width lane, prevents the person from safely riding next to the right curb or edge of the roadway.

(b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway. http://www.capitol.state.tx.us/statutes/codes/TN000102.html

At 02:36 PM 4/28/99 -0800, Bill Canfield wrote:

Hi everyone:

I was looking at the traffic laws as they pertain to bikes. It seems to me as though it is illegal for a bicyclist to ride in the "second-rightmost" lane even when the rightmost lane is a right-turn only lane.

It's obviously much safer to be in the lane of traffic which goes the direction you're traveling in; I do so at least five times a day going to and from work, and the motorists trying to get past me to get onto Mopac are glad I do.

Is there something I'm missing? Here is the rule I found on the city's webpage (http://www.ci.austin.tx.us/bicycle/pwbicode.htm):

16-8-25
Where no traffic control device or police officer directs otherwise, the operator of a bicycle may proceed upon a due course within the rightmost lane available to vehicular traffic, and where parking of vehicles is lawful along the right curb of any such street, shall ride as close to the center of the lane, or of the righthand portion of an unlaned street, as is practicable. In no event shall a bicycle be driven between passenger vehicles standing or traveling in a single direction within marked lanes.

Bill