2691Re: [rootsradicals] Bicycling & Law was 'on e-assist'
- Jan 1, 2008On Dec 31, 2007 11:12 PM, Cara Lin Bridgman <caralinb@...> wrote:
> > A fascinating book that delves into this is "Bicycling and the Law" byRead the Minonski book to learn the details, but specifically the
> > 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.
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
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
Again, read the Minonski book, it is fascinating.
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