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2691Re: [rootsradicals] Bicycling & Law was 'on e-assist'

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  • Bruce Hallman
    Jan 1, 2008
      On Dec 31, 2007 11:12 PM, Cara Lin Bridgman <caralinb@...> wrote:
      > > A fascinating book that delves into this is "Bicycling and the Law" by
      > > Bob Minonski.


      > > Bicycle travel is a Constitutional protected right,
      > > motor vehicle travel is not.
      >
      > If this about bicycle travel as a protected constitutional right is
      > true, then it ought to be broadcast widely. Too many cars think they
      > own the road.

      Read the Minonski book to learn the details, but specifically the
      Constitution protects the right of interstate travel. And, court
      cases have ruled that this is meaningless without also there being a
      right of intrastate travel. And, considering that the right to drive
      an automobile is revocable, (for instance, due to being underage, or
      due to a conviction for drunk driving) then therefore the right to the
      road for bicycles is constitutionally protected. This is legal
      theory, Constitutional, that the lawyers use to contest (and win)
      nearly every attempt by cities and states to pass laws to prohibit
      bicycles on roads. To successfully prohibit bicycles from roads
      requires a very compelling reason in the courts, and has largely
      failed.

      Also, most state law is based on the 'pre-automobile' origin of the US
      Vehicle codes, designed primarily to regulate horse carriages, and
      bicycles sharing the road. Essentially every state has a variation on
      the law "bicycles have all the rights and duties" of the road as
      vehicles clause.

      Again, read the Minonski book, it is fascinating.
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