AlmostTrick

One of the roads on my commute is under major construction. Often times they have long sections of one of the four lanes closed off to traffic with cones or barrels. Often times these sections are completely clear, and in my estimation are %100 safe to ride in. If there is faster overtaking traffic then I will usually take advantage of this “car free” lane. If there are any workers or equipment in this lane I will just stay in the open lane. (or merge into it as I approach an actual work area) Strictly speaking, is this legal for bicycles, similar to how riding on a shoulder is?

One morning a flagman instructed me to “get on the side”, meaning get into the closed off lane. I’ll usually do so anyways as long as it is safe and convenient, but could I correctly state that doing so would technically be illegal?

Sooner Rider

Sounds like a safe and logical place to me. But if I saw a police officer, I'd probably move out.

Same rights, same responsibilities.

contango 

Couldn't tell you about the law in Illinois. Here in the UK it's something I would do and something I have done. If there are two lanes in both directions and one is coned off, what often happens is the remaining lane ends up too narrow for a car to safely pass a cyclist. So my choices are either reduce the 50mph road to 15-20mph, or ride in the coned off area.

If a police officer told me not to then I'd explain why I was doing it, and if he insisted then I'd comply with his instruction and let the traffic deal with being held up. But unless I am told not to do it, it seems like the best thing to do - I get where I'm going more safely because there aren't any cars, the cars get where they are going without being held up, and there aren't any downsides to anyone.

genec

It may be illegal, but I doubt anyone would really enforce it, including police... as they tend to stick to "do what is safe" regardless of the actual law.

Since this lane is closed to likely act as a buffer between traffic and the road work, I would suggest only that you watch for heavy equipment that might scoot into the buffer, such as a 'dozer or backhoe, otherwise, enjoy the benefits of a exclusion lane.

I've done this on my commute during road construction, and like you, have actually had flagmen motion me into my "private lane." I have also had flagmen wave me through a closed area while they held off motor vehicles. Again, just keep an eye out for hazards due to construction... such as the equipment mentioned and metal plates... the latter can be a bit jarring if they have not yet "rounded the edges," and quite slippery when wet.

CommuteCommando

I have a couple of these on my current commute. I take them when safe. One short section is K-Rail so I am forced to take the lane. The construction speed limit is 25 through this section so I gun it up to 20 and take the entire lane (there are also "share the road" signs posted.) I continue to take the lane for a couple hundred feet past the K-Rail because that section had a fair amount of debris.

AlmostTrick

Right, except cars aren't allowed to ride on a shoulder and bicycles are. I'm fairly certain no officer would bother me for what I'm doing here, so that's not really my concern. The flagmans demand that I move off the road is what I want to be able to respond to. "Bicycles are allowed in the open travel lane" is good, (and certainly true) but "bicycles are not allowed to travel in a closed off lane" is even better. (if true) I've looked through the vehicle code in the past and never found anything that would answer this question.

contango 

Not quite the same rights. "Motor vehicles only" signs on expressways show cyclists don't have the same rights as cars.

lostarchitect 

Probably not legal, but I'd do it anyway.

AlmostTrick

Good points, and yes, I'll only use the “private lane” if I determine it is safe to do so. Any construction action right alongside it would not only make it unsafe, but I’m sure the workers would not appreciate someone riding nearby. Actually the workers have been very accommodating, allowing me through a closed intersection, and even sometimes stopping traffic while I’m waiting to cross!

gmt13

+1

I-Like-To-Bike

"do what is safe" regardless of the actual law? Whatta concept, who wudda thunk it? Certainly not the ardent "lawful" Vehicular Cycling Disciples.

"Lawful" taking the lane, "lawful" avoidance of bike lanes, and "lawful" strict compliance with traffic signs/signals, regardless of traffic conditions is far more important to the by-the-book gang.

Keith99

It is probably technically illegal. As others have said generally they will at most tell you to get out. The exceptions I would expect is they can use this to nail you if you ride like a jerk (a judgement call, but being in a closed lane is balck and white) and that yuo are in a bad position if something happens. E.g if you fall into a huge hole that was hard to see it is yuor fault since you were riding illegally.

Judging from yuor post I would not expect either to be a problem.

unterhausen

Pennsylvania has a bad habit of leaving lanes closed for an inordinately long time after the work is done. I've ridden many miles on closed lanes. You have to be alert to the fact that there may be steps in the pavement or other problems; that's why they close the lane.

I-Like-To-Bike

PA DOT has a bad habit of leaving lanes closed for an inordinately long time BEFORE the work is done. On the PA Turnpike they put the cones up in May for miles on end and retreat to nearby saloons til about Labor Day or so and either do the work or remove the cones for the season.

Chris516

It isn't illegal.

As to what the flagman instructed you to do, I encountered a situation like that earlier this year. A flagman told me to get on the sidewalk. I told him, that it was not illegal within the city limits, I was legally allowed to ride on the road. He had a shocked look on his face when I stood my ground about a cyclist's right to be on the road.

genec

I hear ya... and truth be told the "doing what is safe" bit is biased by the LEOs perception of what is safe on bike verses the reality that many of us are personally aware of...

And regarding the laws... most of which are geared to motor vehicle traffic... well I just do what works and is safe for me and it is very very situational... so nobody's "rules" will fit my every moment.

nd2010

They closed off the right lane for a week while paving the shoulder. That was awesome riding in the closed right lane. And after the right lane reopened, I had a nice fresh paved shoulder.

CommuteCommando

I agree. Flagmen aren't an issue with me since I ride those parts before they start work.

DX-MAN

Technically, illegal. The law says bicycle riders have all the rights AND DUTIES of a motor vehicle while on the road.

Realistically, it only matters if a cop has his knickers in a twist. No one else has authority to tell you what you can't do. (Flagman...yeah right, all the authority of an unarmed security guard with no phone.)

AlmostTrick

On what do you base this conclusion?

Unless someone can point to an exclusion in the vehicle code which allows a bicycle to travel in a lane closed to traffic, I'll have to agree with this.

Typically I default to the open lane. Then if faster overtaking traffic comes along, AND it is safe and reasonable to move into the closed lane I will do so. Sometimes my "special" lane even allows me to pass motor traffic... which is an extremely rare event on my route.

Looigi

I do it when I judge it to be the more safe, expeditious, and prudent thing to do. Whether it's legal or not lies further down the hierarchy of considerations.

Metal Man

On an issue like this my brother always say's "it's not a problem until
it's a problem". If it's safe to use then it's probably not a problem. Let a car
make a left turn across the lane (that you're not supposed to be in) then it may
become a very big problem with you being mostly at fault and responsible for the
damage to the car and your injuries, if you live.
I wouldn't hesitate to use it, but I would be careful.

ckaspar

I would and have ridden in the closed lane. I did stop for the flagman when I reached him and he had me wait like the rest of the cars, no biggie. The downside was that they had just cut up the asphalt so they could lay new stuff down. I was free from cars but had been put into a paint shaker. Thank god I had the front suspension that day I tell ya.

Fargo Wolf

What you do isn't at all unusual. As a flagman myself, I often see this and don't have a problem with it if there's really heavy traffic. I will actually stop traffic for cyclists if it's that heavy and give them a good head start to clear the work zone. If traffic is lighter, most will simply take the open lane and ride on through the work zone, helping to slow traffic to boot.

In your case, the flagger directed you to use the closed lane, therefore, the answer is no, you were NOT doing anything illegal.

rekmeyata

The flagger takes precedence over whatever the law may be enforced normally.