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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 08-13-2012, 04:47 PM   #1
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Lane markings, cyclists and the MVA

It seems as if the MVA has failed to keep up with the never-ending reproduction of the bike lane.

Exhibit A:

http://maps.google.com/maps?ll=48.442373,-123.505015&spn=0.000004,0.003484&t=m&z=19&layer=c&cbll=48.442397,-123.505119&panoid=928vZYdN2bE1SkQ2VTBauA&cbp=12,133.61,,0,10.67

A driver intending to make a right turn at this intersection must:

Quote:
Driving on laned roadway
151 A driver who is driving a vehicle on a laned roadway
(e) when approaching an intersection intending to turn right must drive the vehicle in the lane nearest to the right hand side of the roadway,
The MVA is pretty clear: Lane nearest to the right hand side of the roadway In this case, the Lane nearest to the right hand side of the roadway is a bike lane. A motor vehicle isn't permitted in this lane, doesn't fit in this lane and has nowhere to enter this lane.

Question 1) Is the right turn here even legal or would it violate 151 (e)?

Question 2) Car and cyclist approach the line marking the start of the intersection at the same time while facing a green light. Cyclist intends to proceed straight, car driver intends to turn right. Who has the right of way? Logic sould suggest that the vehicle travelling straight through has the right of way and thus the car would yield to the bicycle before turning. However, the MVA doesn't have a section dealing with "Passing on the right where the vehicle being passed is turning right"



Exhibit B:
http://maps.google.com/maps?ll=48.44272,-123.506459&spn=0.000004,0.003484&t=m&z=19&layer=c&cbll=48.44272,-123.506459&panoid=CGzHZpzvfKQyh8X0ox4ysg&cbp=12,123.77,,0,10.67
Since there's no section of broken line separating the bicycle lane and car lane, where is it permissible for the bicycle to leave the bike lane should the bicycle rider indend to make a left turn at the upcoming intersection?
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Old 08-13-2012, 06:03 PM   #2
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In picture #1the car driver must not drive in the restricted bicycle lane so there is no problem there. MVA says you must not drive in restricted lanes.



In picture #2
Passing on right
158 (1) The driver of a vehicle must not cause or permit the vehicle to overtake and pass on the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his or her intention to make a left turn,
(b) when on a laned roadway there is one or more than one unobstructed lane on the side of the roadway on which the driver is permitted to drive, or
(c) on a one way street or a highway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and is of sufficient width for 2 or more lanes of moving vehicles.
(2) Despite subsection (1), a driver of a vehicle must not cause the vehicle to overtake and pass another vehicle on the right
(a) when the movement cannot be made safely, or

(b) by driving the vehicle off the roadway

Even if it did not state that, anybody making a right turn should do a right blind spot check for exactly that reason. Anyone on a bicycle who comes up to a stopped car with it's right signal on and remains there expecting to pass the car as it moves forward, should have their brain examined for malfunction problems. If the cyclist wants to turn left then they must leave the cycle lane and move into the centre of the "car lane" if there is no cycle lane on the new road...or continue in the cycle lane and move into the corresponding one on the new street if there is one. Common sense should prevail.

Last edited by zulutango; 08-13-2012 at 06:08 PM.
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Old 08-13-2012, 06:16 PM   #3
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Thank you.

I still seem to be having trouble finding the part of the MVA that excludes cyclists from the section dealing with crossing solid white lines. Motorists aren't permitted to make a lane change across a solid white line, are cyclists?
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Old 08-13-2012, 07:41 PM   #4
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Quote:
Originally Posted by sebberry View Post
Thank you.

I still seem to be having trouble finding the part of the MVA that excludes cyclists from the section dealing with crossing solid white lines. Motorists aren't permitted to make a lane change across a solid white line, are cyclists?

Rights and duties of operator of cycle
183 (1) In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle.
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Old 08-13-2012, 07:50 PM   #5
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Exactly, and in photo number two above there is nowhere for the cyclist to leave the bike lane to move into the left-turn lane.
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Old 08-13-2012, 08:43 PM   #6
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There's a little animation on this page: Bike Lanes & Right Turns

Oregon Law: Car waits for cyclist to pass, then turns right from the "car" lane.
California Law: Car enters bike lane, cyclist waits for car, car makes the turn.

I'm assuming based on the above discussion that BC law is a bit of a cross between the two: Cyclist sees car with signal and yields to car turning from "car" lane, car does not enter bike lane.
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