Wednesday, April 11, 2012

Cars Passing in the Bike Lane. Legal?

When overtaking on the right is permitted.

(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a left turn;

(b) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

[1975 c 62 § 23; 1965 ex.s. c 155 § 18.]


Rules of court: Monetary penalty schedule -- IRLJ 6.2.

Severability -- 1975 c 62: See note following RCW 36.75.010.

So that's the Washington statute. My thinking is that cars should not be allowed to drive into a bike lane to pass another car whether or not they turning left. The thinking is that an obstructed pavement includes a bike lane or 2, they are not allowed to drive off the road. My conversations with police on the matter go the other direction. They are drivers, after all. What's your take on it?


54 canoe said...

The bike lane is a special purpose lane...sort of like a carpool, turn, parking or bus lane. I think unless an exception is stated, like when you can enter the bus lane to turn right, the lane is restricted space. I wonder if the officer you talked to would say it's ok to use a right turn, parking or bus lane to pass.

brad said...

Great point and I see cars pass in the bus lane too. Hey, how are you doing? I'm sorry I couldn't make it down on the 5th.