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Legality of bikes passing stopped cars on right

I am wondering if someone who bikes on the roads could educate me as to how the Pennsylvania Motor Vehicle Code is generally interpreted with regard to bicycles passing on the right. I was recently stopped by a Bethel Park police officer for sneaking through a red light after stopping. My fault. In the course of our discussion, the police officer also informed me that I had illegally passed stopped cars on the right while approaching the red light. In Bethel Park, almost all the main roads have one lane of vehicle traffic in each direction, plus about two feet of pavement (often pockmarked by sewer grates) to the right of a white line. This includes all the roads that I frequently travel (Library Road/Route 88, Stoltz Road, Logan Road, Clifton Road, Baptist Road, Brightwood Road). Not wanting to incite road rage by occupying the main lane of traffic, I bike in the shoulder. If cars are stopped in the traffic lane due to a red light ahead, a car making a left turn, or rush-hour delays, I routinely pass them on the right, staying in the shoulder. If this passing on the right is deemed illegal, then I would have to stop whenever I am about to overtake a stopped vehicle heading in the same direction. I would have to either move into the main lane of traffic or stop in the shoulder, in the middle of a block, until the auto traffic moves again. For example, if 10 cars are stopped at a red light, I would have to wait behind the tenth car rather than pedaling to the intersection in the shoulder. To me, stopping in the middle of a block like this would seem to be a threat to my safety. I looked in the Motor Vehicle Code for guidance. I found that Section 3505(b) permits pedalcycles to travel on the shoulder of the road. The relevant provision regarding passing on the right appears to be Section 3304(a)(2): “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 overtaken vehicle, except that such movement shall not be made by driving off the roadway.” If the shoulder is considered a place where bicycles can legally constitute a second “line of vehicles,” then my behavior would be legal. But if the shoulder is considered “driving off the roadway,” then my passing on the right is prohibited. If I cannot pass on the right while remaining in the shoulder, I would probably give up bicycling in Bethel Park. I ride a wide-tire bike at 12 to 15 mph and do not want to occupy the only lane available to autos seeking to travel 25 to 40 mph. I may have the legal right to do so, but I do not think that it would be prudent. On the other hand, having to stop in the shoulder whenever I catch up to a stopped car would be inefficient and, in my opinion, unsafe. Any guidance from experienced bicyclists in this matter would be greatly appreciated. I would like to be well prepared before I seek to address the issue with the Bethel Park police ... or before I get pulled over again. Thanks! --Bruce Barron Bethel Park bruce.barron0@gmail.com
brucebarron0
2016-09-22 12:06:49
You can definitely pass on the shoulder. That's why you're allowed to ride on it. You may have difficulty getting a particular cop to understand this after he's stopped you. I got a ticket from a cop for taking the lane, and had to fight it in court. I lost at the District Magistrate level, but won on appeal. I haven't had any trouble since. One way to handle this is to call the station and ask to speak to the supervisor. Have a calm, clear conversation, citing the law. If you have other problems, letting people here know about them is helpful. BTW, the PA Bicycle Driver's Manual is a helpful guide in this. It doesn't have the force of law, but might be useful to cite since it's published by PennDOT. You can get a copy at some driver's license offices.
jonawebb
2016-09-22 13:00:00
In my concept of requiring re-taking a refresher version of the written driver's test at every four-year license renewal, this situation is one I would specifically include. When every licensed driver has to know what the law says and means, that will include automatically all police, magistrates, and others in the legal system whose jobs are supposed to help us, not cause us trouble when we do the right thing.
stuinmccandless
2016-09-22 13:10:23
@Jonawebb: Could you elaborate on how you fight the ticket? One of my friends comment on my recent video saying that "Looked to me like the person that was closest to the truck was too far from the curb, if a vehicle isn't going the speed limit, it can cause accidents if holding up traffic, especially since that bike lane is there". I wanted to point out that bicycles are considered vehicles under PA laws, and may take full lane if conditions do not permit safe passing regardless of the existence of bike lanes Below is the video I referred to: https://youtu.be/QFQoWuinncQ
ninjaturtle0304
2016-09-22 13:10:38
Gordon, "...if a vehicle isn’t going the speed limit, it can cause accidents if holding up traffic,..." That right there is the KEY failure of that persons position. Focus on that. There are many things that a motor vehicle operator can encounter on the road that "don't go the speed limit", i.e., construction vehicles, construction workers, deer, large rocks, ducks. Objects in the road not going the speed limit don't cause "accidents", drivers shittily operating vehicles in a way that doesn't account for the many possible road conditions cause crashes. That's about as rationally as I can distill it to without having my brain catch on fire from comments like that.
edmonds59
2016-09-22 13:18:08
Passing stopped cars on the right is something I do on a case by case situation.   I believe it is legal. There are plenty of illegal things I do on a case by case basis , too:  IMO, safety trumps the law, always.
mick
2016-09-22 13:26:02
You are not obligated to use a bike lane, if present. It used to be part of the law, but was repealed in 1998. That's another question for my renewal test.
stuinmccandless
2016-09-22 13:26:23
Could you elaborate on how you fight the ticket?
The first thing is to try not to get one in the first place. You want to try to reach out to the police officer, or the officer's supervisor, if possible. Much better to educate than to try to fix things afterwards. I have heard there's been some attempt to educate Pittsburgh officers. Some suburban bike/ped organizations may be able to get someone from Bike Pittsburgh educate the officers on the bike laws. Couldn't hurt. Once you have a ticket, you have to fight it in front of a District Magistrate, who may or may not know the law in detail, and who is inclined to side with the police officer. I think it's worthwhile to hire a lawyer for that purpose. Although it will be more expensive (like $500) than the ticket, having someone on your side who knows how to deal with the law is a good idea. Marc Resiman (see ad on BikePgh home page), for example, knows how to do this. If you decide to fight the ticket yourself, bring all your documentation, including copies of the law and (I'd suggest) the PA Bicycle Driver's Manual, and try to do the best you can, I guess. I think there's a way to do it -- Jake McCrea says there is -- but I don't know it. Be polite, clear, not arrogant, etc?
jonawebb
2016-09-22 13:36:54
Per the original question, good question. I'm can't comment precisely on the legal writ, but I could write a lengthy essay on "How I do stuff". Basically IMO there is a good degree of operator judgement involved, as I think with much traffic law. There are circumstances where I will pass cautiously on the right, and there are circumstances where I will wait in line with cars. If I had to analyze it, some of it has to do with knowledge of a known and repeated route. On my ride into town this morning, part of my ride includes Noblestown Road into the West End. I know that cars back up to a complete stop all the way from the WEC for probably a half mile. I'm not sitting in that, I pass (cautiously) on the right, keeping an eye out for squirrely driver moves and bus doors. When I reach red lights, I stop adjacent to the first car and wait. When the light turns, I proceed, passing the stopped cars on the right. In a different circumstance, if there is a red light where a line of a few cars stopped, and the road is clear on the other side of the light and cars will be able to accelerate well through the light, I will stop behind the last car and take the lane. That prevents any cars coming up from behind that may be turning right from squeezing by on my left and right hooking me. That is a really minimalized version of my set of mental guidelines that I go by.
edmonds59
2016-09-22 13:43:32
BTW, here is the quote from the PA Bicycle Driver's Manual:
(b) Operation on shoulder. -- A pedalcycle may be operated on the shoulder of a highway and shall be operated in the same direction as required of vehicles operated on the roadway. Comment: A bicycle may be operated on either a shoulder or on the roadway (the travel lanes). The locations will be based upon traffic volume, the physical condition of the travel lanes or the shoulder, traffic speed, the bicyclist's intended direction, and other safety factors.
jonawebb
2016-09-22 14:00:07
"The locations will be based upon traffic volume, the physical condition of the travel lanes or the shoulder, traffic speed, the bicyclist’s intended direction, and other safety factors." Holy cow, I'm operating exactly to the letter of the law! (or official recommendations, anyway.) Almost hard to believe. Thanks, Jon.
edmonds59
2016-09-22 14:17:49
All good advice stated so far. Two things to add: first, I believe you are "overtaking" the line of cars, not "passing".  Passing means you leave your lane to go around a vehicle and then return back into the original lane (however IANAL).  Second, when filtering up a line of stopped cars I will dramatically reduce my speed and pay close attention because most drivers will NOT know that you are there beside them unless they are glancing in their mirrors while stopped (unlikely). As @edmonds commented, I filter on a case by case basis too, and with all the technical stuff it sometimes is just how much of a hurry I'm in.  
marko82
2016-09-22 15:00:54
Here are another few paragraphs from the PA Biking Manual you may want to reference, which discuss the idea of "filtering":
"Traffic jams don't have to stop you -- that's one of the biggest advantages of bicycling in the city. But in the tight quarters of a tie-up, take extra care. Stopped cars in a traffic jam present the same hazards as parked cars: blindspots, doors and unpredictable starts and turns. If there is an open passing lane, use it rather than thread between cars. If the street is completely plugged, pick your way forward slowly and with your hands on the brake levers. Remember, any car door could open! If you're in a traffic jam, you can be fairly sure that the cars will not move, since they have nowhere to go. But if there's an open driveway or parking space into which a car could turn, you have to assume that it will. Look to see whether the car's front wheels are turned. Move away from the side of the car as you pass, and try to get the driver's attention as you approach the front of the car. When cars are stopped, but not completely bumper to bumper, be very wary of cars from other lanes cutting across in the gaps. Stop and look before you move out into a gap. Be especially careful if the vehicle you're passing, like many vans, doesn't have a hood you can see over. Don't pass a long truck or bus in a traffic jam unless there's a full, open lane next to it. If you ride close to the side of such a vehicle it may begin to merge toward you, leaving you no way to escape. As you approach an intersection, change lanes to the same position as you would in normal traffic. Before you cross in front of a car to change lanes, make eye contact with the driver even if the car is stopped. When you reach an intersection, wait behind the first car at the traffic light. Don't move up next to that car; drivers don't always use their turn signals, so you don't know for sure which way the car will turn when the light turns green. These traffic-jam tactics are reasonably safe, but in some cities it may not be legal for a bicyclist to pass on the right or ride between lanes of traffic. On the other hand, it's usually legal for you, or any driver, to cautiously disobey normal traffic rules when the road is "obstructed"."
The references to open parking spaces and driveways, and the warning that a bike passing on the right may be illegal in some cities (It is in Philadelphia, for example- don't know about Bethel Park) leads me to conclude that they are specifically talking about filtering through traffic on the right of stopped cars.
greasypants
2016-09-22 15:06:45
"...make eye contact with the driver even if the car is stopped." Lol. Difficult when they're looking at their cell phones.
edmonds59
2016-09-22 16:31:00
I wanted to thank everyone for your excellent comments. I have my court date on October 12 and I also intend to address the matter with the Bethel Park police chief. If anyone wants to know the results, just e-mail me at bruce.barron0@gmail.com. Thanks again.
brucebarron0
2016-09-29 12:31:47
Some people object to filtering (biking past stopped or slow cars on the right) with the argument that "the four foot law works both ways; if we can't drive within 4 feet of a bike then you can't bike within 4 feet of a car". This argument is bogus. The Pennsylvania four foot law restricts how closely a MOTOR vehicle can come to a bicycle, but does not restrict cyclists at all. In addition to the legal argument, there's also the common sense safety argument: a car could kill a cyclist by coming too close, particularly if the car is traveling fast, but a bicycle could not kill a motorist by coming too close. But if the motorist is a motorcyclist, you'd have to amend that some.
paulheckbert
2016-09-30 12:23:16
My usual comeback to that is to tell the complainer that they are right for the wrong reason: "Indeed, bikes should stay four feet from a car. But not because the law requires it, but so as to avoid being doored." I then go on to say, "But in so doing, that also means the cyclist is going to take the lane, forcing you to choose between safely passing if able, or patiently following." Of course, that applies to passing cars on the left. As a rule, I do not pass vehicles on the right.
stuinmccandless
2016-09-30 12:51:02
BTW, @brucebarron0: please post a summary of what happened at your court appearance here. I'm sure everyone would be interested.
jonawebb
2016-09-30 13:05:27
Bruce, This is a tough question.  I think the letter of the law says that filtering is illegal.  But, I think many jurisdictions disregard that, and actively encourage it.  That includes PennDOT. Here's a quick summary of what I have found: www.pacommutes.com:  "When you approach an intersection where cars are waiting for a stop sign or traffic light, never pass the first car."   Implication is that filtering is an acceptable behavior. Philadelphia Bike Laws (document): " • “Filtering” through traffic to the front of the line of cars stopped at a red light is illegal." FHWA, with apparent PA reference from  (http://safety.fhwa.dot.gov/ped_bike/docs/pamanual.pdf): GETTING THROUGH TRAFFIC JAMS Traffic jams don't have to stop you -- that's one of the biggest advantages of bicycling in the city. But in the tight quarters of a tie-up, take extra care. Stopped cars in a traffic jam present the same hazards as parked cars: blindspots, doors and unpredictable starts and turns. If there is an open passing lane, use it rather than thread between cars. If the street is completely plugged, pick your way forward slowly and with your hands on the brake levers. Remember, any car door could open! If you're in a traffic jam, you can be fairly sure that the cars will not move, since they have nowhere to go. But if there's an open driveway or parking space into which a car could turn, you have to assume that it will. Look to see whether the car's front wheels are turned. Move away from the side of the car as you pass, and try to get the driver's attention as you approach the front of the car. When cars are stopped, but not completely bumper to bumper, be very wary of cars from other lanes cutting across in the gaps. Stop and look before you move out into a gap. Be especially careful if the vehicle you're passing, like many vans, doesn't have a hood you can see over. Don't pass a long truck or bus in a traffic jam unless there's a full, open lane next to it. If you ride close to the side of such a vehicle it may begin to merge toward you, leaving you no way to escape. As you approach an intersection, change lanes to the same position as you would in normal traffic. Before you cross in front of a car to change lanes, make eye contact with the driver even if the car is stopped. When you reach an intersection, wait behind the first car at the traffic light. Don't move up next to that car; drivers don't always use their turn signals, so you don't know for sure which way the car will turn when the light turns green. These traffic-jam tactics are reasonably safe, but in some cities it may not be legal for a bicyclist to pass on the right or ride between lanes of traffic. On the other hand, it's usually legal for you, or any driver, to cautiously disobey normal traffic rules when the road is "obstructed." (To me, the implications of the text above are that you should filter to the LEFT of the vehicles in the right lane.  Legality may be determined by the definition/interpretation of "obstructed.") This question was asked on the Bike Pittsburg Message Board a few years ago (QUESTION ABOUT THE RIGHT HOOK RULE).  Here's an excerpt of that thread: ...the PennDOT web page that seems to encourage filtering is here (recently moved): These traffic-jam tactics are reasonably safe, but in some cities it may not be legal for a bicyclist to pass on the right or ride between lanes of traffic. On the other hand, it’s usually legal for you, or any driver, to cautiously disobey normal traffic rules when the road is “obstructed.” It’s vague because it’s from a non-PA-specific cycling-safety book that PennDOT got permission to copy. Whether filtering is legal in normal traffic in PA isn’t clear to me, but claiming that a red light has “obstructed” traffic (so normal rules may be ignored) seems like a considerable stretch.   A local law firm seems to interpret the practice as illegal:   http://blog.pecorilawyers.com/post/20905320842/your-analysis-of-pas-new-bicycle-safe-passing-law   Your analysis of PA's new bicycle safe passing law is very helpful. But there's one thing I'm not sure about from reading the laws on bikes. Is "filtering" legal in PA? Filtering is when a bike passes to the right of stopped traffic, sharing its lane. Bikes may filter between a traffic lane and a row of parked cars, or at the edge of the road (which might count as "riding on the shoulder', explicitly allowed). Lane-sharing's prohibited for motorcycles, but bikes aren't mentioned. lugaru Hello and thanks for reading my blog.  I believe the short answer to your question is no.  According to 75 P.S. 3304: (a) General rule.–The driver of a vehicle may overtake and pass upon the right of another vehicle only under one of the following conditions: (1) When the vehicle overtaken is making or about to make a left turn, except that such movement shall not be made by driving off the berm or shoulder of the highway.   (2) 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 overtaken vehicle, except that such movement shall not be made by driving off the roadway. (b) Limitation.–No passing movement under this section shall be made unless the movement can be made in safety. While I think one could tailor an argument that there exist an exception for a bicycle, the letter of the law says no. Whether “legal” or not, as a practical matter I don’t think it is a safe practice for bikers.  I think it also contributes to the belief, albeit misguided, that bikers are a lawless bunch and deserve what they get. That theory has been getting much press around Pittsburgh recently and I think it best to dispel it whenever possible.  Have a safe ride! My final comment is of a personal nature.  Several years ago I asked a City of Pittsburgh Bicycle Officer about the legality of filtering (passing on the right in stopped traffic).  He told me  that it was absolutely legal, and that there was no PA restriction on passing on the right in those conditions. I guess there is the law, and local interpretation of the law.  Doesn't help your case much, unfortunately.  
swalfoort
2016-09-30 14:18:41
Well, I would be inclined to read the law as follows: “When you approach an intersection where cars are waiting for a stop sign or traffic light, never pass the first car.” We have boxes, which unambiguously place a bike ahead of a stopped car. I think it means that you should not move out into the intersection ahead of the car at the stop; wait until it's possible. Makes sense. “Filtering” through traffic to the front of the line of cars stopped at a red light is illegal.” Well, it does seem a bit impolite to filter up then plant yourself in from of the first car. Stay on the side. Then again, there's those boxes... somehow I doubt they're illegal (anyone see any in Phila?) (a) General rule.–The driver of a vehicle may overtake and pass upon the right of another vehicle only under one of the following conditions: (1) When the vehicle overtaken is making or about to make a left turn, except that such movement shall not be made by driving off the berm or shoulder of the highway. The law is pretty clear that this applies to "drivers". What is the legal definition of a driver. You don't "drive" a bike. Maybe it should have said "conductor"? There's bikes (rider), horse+buggies (coachman) and probably other stuff out there. Anyway, just try not to hit somebody's mirror. And if someone yells at you tell them they should get a bike so they too can pass the cars!
ahlir
2016-09-30 19:12:36
We're considered drivers I think. It's the PA Bicycle Driver's Guide.
jonawebb
2016-09-30 19:51:26
I got yelled at my a cop downtown for passing gridlocked cars on the right
stefb
2016-10-01 07:05:19
[removed impulsive comment about police]
edmonds59
2016-10-01 09:39:46
Cars are allowed to pass bikes when they have room to safely pass.  Why should a bike not be able to pass cars when there is room to safely pass and the car is not moving, whether it is for a stoplight, left turn, or traffic?  If the square footage and lack-of-speed are there to do it safely, it shouldn't matter what's passing what.  When a car is waiting to turn left, cars definitely pass on the right all the time if there is room, they just don't call it filtering.
alleghenian
2016-10-03 16:46:26
Again, if there were 20 or more bikes on the right edge of the road waiting single file at a red light, I suspect all motor vehicles would move past them on their left up to said light if space allowed.
helen-s
2016-10-04 13:34:38
I agree with Edmonds59!
mick
2016-10-04 14:29:54
On a regular basis, I ride inbound on 885 from the lebanon church intersection (near the county airport). I then turn left in the valley to stay on 885/mifflin road, heading towards the glenwood bridge. I take the sidewalk through this section. I jump on the road for a tiny section when the sidealk ends and then I exit on the right onto mifflin road as soon as 885 turns into a two lane road (right by the hays school) and head towards the galvtech plant. I make a left and a quick right onto baldwin road next to streets run where there is always a line of traffic waiting to turn left onto 885. Because I am continuing straight towards the scrap metal yard, I ride up the narrow shoulder of the road. Then I get on the rail trail by sandcastle. Yesterday, I got yelled at by a guy driving what I think was a school bus van (minus the kids) when I tried to ride up the shoulder on baldwin road. He also tried to block the shoulder with his van. I yelled back and told him it was legal for me to be there. Sometimes, 885 coming down from the getgo is very backed up and I will pass traffic in the shoulder on the right. I had one guy in a pickup try to knock me off the road once. The way I see it, 1) I'm not being a jerk because I am going a different way than the rest of the traffic so they won't have to sit behind me after I pass and 2) when traffic is moving, cars WANT me in the shoulder on these roads because of the speed of the traffic so why shouldn't I also be allowed to pass when I'm in the shoulder? So was the guy in the van right? Or is what I do legal? Or is the verdict still out?
bree33
2016-10-06 13:40:23
The law is clear that you're allowed to ride on the shoulder, if that's what you're asking.
(b) Operation on shoulder. — A pedalcycle may be operated on the shoulder of a highway and shall be operated in the same direction as required of vehicles operated on the roadway.
(Though I'm not sure if you're saying you're riding the same direction as other traffic. You have to ride the same direction.)
jonawebb
2016-10-06 13:53:07
Yes I am going the same direction as traffic. When I said that "I am going a different way than the rest of the traffic" I meant that my ultimate route was different; everyone else is heading towards glenwood bridge; I am going towards the rail trail and once I overtake them, they won't see me again. Thanks
bree33
2016-10-06 14:00:55
You may find it useful to carry a copy of the PA Bicycle Driver's Manual, along with a printout of, say, http://www.statecollegepa.us/998/Bike-Laws, in case you get stopped. The shoulder law is § 3505 (b). (The Bicycle Driver's Manual has a section where it lists the laws, but it's out of date; that's why it's good to carry a copy of the laws.)
jonawebb
2016-10-06 14:22:29
My 2cents.  The van guy is plain wrong.  Even if the law is what he thinks it is (which it isn't!) it does NOT give him the right to harass you or threaten you with his vehicle.  If it happens again get his van# and call the outfit he works for - someone acting dangerous should not be driving children around.        
marko82
2016-10-06 16:33:05
^What Marko said. Double. With expletives.
edmonds59
2016-10-10 12:01:27
I filter along Irvine routinely on the way home through Hazelwood.  That generally ends behind a bus -- I am not sufficiently insane to try to filter between a bus and a guard rail.  I have never had anybody complain about my (very slow and measured) filtering along there though I have had people go ballistic at me for pulling out of the bike lane and into the street at the end of Saline.
neilmd
2016-10-12 13:08:22
Brief update: I appeared in court today. I admitted going through a red light and commented eloquently on the officer's loss of self-control. The officer behaved professionally. The judge dismissed the charge. In describing the incident, the officer held to his position that the passing on right was illegal. I did not argue that point before the judge since the citation was for the red light. I have corresponded with the Bethel Park police chief, who asked me to follow up with him after the hearing. I will pursue a meeting and post another update after that happens, under a separate thread. My assessment of the legal situation is that (a) bikes can legally ride on the shoulder, no question; (b) passing on the right is legal at an intersection or when there are two lanes of traffic moving in the same direction; (c) a shoulder is not a lane. Therefore, although I do not think that it is the intent of the Motor Vehicle Code, police have a technically plausible (albeit impractical and stupid) claim that according to the Code we can ride on the shoulder but can never pass anyone in the shoulder. More to come. Thanks for your support.
brucebarron0
2016-10-12 14:18:39
I'm glad you didn't have to pay a fine, and commend you for discussing this with the police chief.
jonawebb
2016-10-12 15:13:51
Did the municipal court judge say why he dismissed the charge, despite your admission of guilt?
jmccrea
2016-10-12 16:16:24
@jake, maybe Bruce used the "aw man, this is bullshit" defense. @bruce, I'd just like to point out that in the definition cited above, you aren't (in the law's eyes) "passing" when you proceed in front of a car in another lane. You're overtaking them. So, in the legal sense, you aren't passing cars when you're riding on the shoulder, you're overtaking them. Which is not against any law.
jonawebb
2016-10-13 08:40:13