Legality of car turning right on red while cyclist is on shoulder?
01-06-19, 12:13 PM
#26
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The question to that thought is, how does a stopped vehicle have the right of way over another vehicle that can legally make a move? It's an issue of a bicycle stopped and not moving at a red light vs another vehicle who can otherwise legally move from their lane and proceed at the same red light (the right on red).
01-06-19, 02:49 PM
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I don't know how the law would play out when they both have a legal right to be there. I do know that most states have laws that prohibit passing on the right of a line of stopped vehicles unless there is a marked lane. The laws may not address the situation you have laid out. I suppose it could be treated as a 4 way stop is treated in that the first vehicle that arrives has the right of way. The topic is an interesting mental exercise. I will say this. I won't ever be the bicyclist in that situation!
to the car and not taking advantage or right-on-red, the car can go because the bike is held by the red light. if the light turns green the car would have to wait to see what the bike was going to do--traffic proceeding forward has the right of way. Pretty easy call.
If the state law prohibits bikes passing cars stopped in traffic, even easier call. The bike would have no right to be there. if the bike was there first, the bike would have right of way---when the light turned green. Until the light turned green the car would have the option of turning if the bike did not.
As you say ... most cyclists simply won't let it happen.
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