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Scolded while riding the North Shore Century several weeks ago?

While riding the North Shore Century, I came up to a red light with several other riders, and there were motor vehicles stopped at the intersection. Many of us passed the vehicles on the right, to get closer to the intersection, and as I was passing a minivan, the passenger started to talk to me. He claimed to be a cyclist, and admonished me that passing vehicles as I was doing is against the law. I didn't know what to say, except that it probably wasn't the worst or most dangerous offense in the world. To be clear, no one ran a red light or stop sign, we just passed the long line of stopped cars, and then stopped at the intersection.


So I've been thinking about it since, and I have no idea what he was talking about. I read over the Illinois bicycle rules of the road, and I couldn't find anything I thought was relevant. Was he bullshitting me, or do cyclists break the law when they pass stopped cars at an intersection?



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Permalink Reply by Gort 12-mile Pinklegneep on November 3, 2012 at 12:53pm

I think I'll start caring about the letter of the law regarding this when I stop reading news stories of "Person kills someone with their car, gets a ticket" 

Permalink Reply by John S. on November 7, 2012 at 8:58pm

I never pass a line of cars on the right when they are stopped at a light.  I take the lane and line up behind the car in front of me.  I behave as if I was "traffic".  If there are a line of 10 cars/vehicles stopped at a light, I'm number 11.

Permalink Reply by Will on November 7, 2012 at 9:05pm

You don't bike in the loop during rush hour, then?

John S. said:

I never pass a line of cars on the right when they are stopped at a light.  I take the lane and line up behind the car in front of me.  I behave as if I was "traffic".  If there are a line of 10 cars/vehicles stopped at a light, I'm number 11.

Permalink Reply by John S. on November 7, 2012 at 9:13pm

Having never biked in the loop, I might behave differently given different conditions.


Will V. said:

You don't bike in the loop during rush hour, then?

John S. said:

I never pass a line of cars on the right when they are stopped at a light.  I take the lane and line up behind the car in front of me.  I behave as if I was "traffic".  If there are a line of 10 cars/vehicles stopped at a light, I'm number 11.

Permalink Reply by Brendan Kevenides on November 8, 2012 at 9:18am

Respectfully, I don't think that 11-704(b) is meant to apply to bicycles.  The vehicle code defines the term "vehicle" in section 1-217 as "Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title . . ., except devices moved by human power..."  Section 1-106 defines a "bicycle" as "Every device propelled by human power upon which any person may ride, having two tandem wheels except scooters and similar devices."  A bicycle is not a vehicle under the Code.  Section 11-704(b) would, therefore, seem only to apply to motorcycles and the like.

Of course, there is section 11-1502 which states, "Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code..."  But the rest of that section adds, "except as to those provisions of this Code which by their nature can have no application."  Given the required positioning of bicycles along the right side of the roadway, pursuant to 11-1505, section 11-704 by its nature can not apply to bicycles.

This reading of the law makes a lot more sense.  If 11-704(b) did include bicycles as vehicles then the whole concept of "share the road" would be turned on its head.  I'm sorry for geeking out on the law, but this is not the first time I've seen it suggested that it is some how illegal for bicyclists to ride to the right of stopped or slowed traffic, which, of course, 100% of city bicyclists do.  This is not against the law.

Lisa Curcio said:

I don't think they are contradictory.  (b) applies to 2-wheeled vehicles.  (c) applies to any vehicle.  Most cars could not safely pass with only eight feet of pavement available, at least before we got Smart cars, Minis and Fiat 500s!

The Illinois Vehicle Code does not define "2-wheeled vehicles".  It seems to sometimes refers to bicycles in the context of vehicles.

Permalink Reply by Far'arned Retrogrumpalunkus #63 on November 8, 2012 at 9:35am

Oh, what tangled webs we weave...

Brendan Kevenides said:

Respectfully, I don't think that 11-704(b) is meant to apply to bicycles.  The vehicle code defines the term "vehicle" in section 1-217 as "Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title . . ., except devices moved by human power..."  Section 1-106 defines a "bicycle" as "Every device propelled by human power upon which any person may ride, having two tandem wheels except scooters and similar devices."  A bicycle is not a vehicle under the Code.  Section 11-704(b) would, therefore, seem only to apply to motorcycles and the like.

Of course, there is section 11-1502 which states, "Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code..."  But the rest of that section adds, "except as to those provisions of this Code which by their nature can have no application."  Given the required positioning of bicycles along the right side of the roadway, pursuant to 11-1505, section 11-704 by its nature can not apply to bicycles.

This reading of the law makes a lot more sense.  If 11-704(b) did include bicycles as vehicles then the whole concept of "share the road" would be turned on its head.  I'm sorry for geeking out on the law, but this is not the first time I've seen it suggested that it is some how illegal for bicyclists to ride to the right of stopped or slowed traffic, which, of course, 100% of city bicyclists do.  This is not against the law.

Lisa Curcio said:

I don't think they are contradictory.  (b) applies to 2-wheeled vehicles.  (c) applies to any vehicle.  Most cars could not safely pass with only eight feet of pavement available, at least before we got Smart cars, Minis and Fiat 500s!

The Illinois Vehicle Code does not define "2-wheeled vehicles".  It seems to sometimes refers to bicycles in the context of vehicles.

Permalink Reply by Lisa Curcio on November 8, 2012 at 11:35am

Brendan--Thanks!

Permalink Reply by Far'arned Retrogrumpalunkus #63 on November 8, 2012 at 12:18pm

Lanesplitting is common for motorcycles in Southern California and is legal for the most part by the way CHP and other local police interpret the law.  It helps traffic flow considerably.  In most of Europe it is also legal and very common for the same reason. 

Permalink Reply by Brendan Kevenides on February 4, 2013 at 1:52pm

Here's a more thorough legal analysis of this issue in light of Friday's Chi.Streetsblog's article on this subject:http://www.mybikeadvocate.com/2013/02/its-clear-as-mud-il-bicyclist...

Permalink Reply by Will on February 4, 2013 at 3:28pm

Brendan, thank you very much for the link and helpful analysis.

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