-=> Quoting Ken Peck to Richard Glazer <=-
 Thanks to Ken's reply or I'd have missed this from Richard, net's been 
nny.
 -=> Quoting Richard Glazer to Doug Carter <=-
 
 RG> Thanks Doug for your reply as to bike lanes. You mentioned that it is
 RG> up to the operator to determine if they would like to or not use the
 RG> bike lane. Would that be the law or something that you believe in.
Hi Richard...   this is number 3
Like to believe it is both...
The only copy of BC Motorvehicle Act that I've been able to locate at the
Library here is OLD... with few updates...  but that version states
that 'where a useable sidepath exists, the bicycle will use it'.[rough 
pprox]
              ^^^^^^^
My belief is that it was seriously changed last year, but I've not got the
new one...
Either way... convention always holds that the OPERATOR of anything is solely
responsible... This is the so called Pilot in Command rule...
It's weight is that ONLY someone at the controls can make certain 
ecisions...
whether correct or incorrect... legal or illegal...
Thus it is held that because the law requires persons to operate as safely as
possible under existing conditions, that the operator solely will make the
decision on what those conditions require...
Therefore, IF I decide that garbage, broken glass, broken asphalt, too many
pedestrians, rollerbladers, dogs, etc. render a path unusable for ME... then
it IS unusable for me... and the common law will back my decision as the
only one... right or wrong...  Same for if I feel the street is safer...
including one that is 'normally' closed to bikes... where no other route 
xist
BUT it is my choice to do that... and my responsibility NOT to abuse the 
oic
This should not supercede a posted emergency closure to all traffic BTW...
just normal restrictions... it's mostly common sense...
Who determines what a safe speed limit is... below the posted MAXIMUM...
YOU DO... as PiC...or driver... and most laws require you NOT TO EXCEED
that choice...  That is why most people won't get a ticket for driving to
slow during a snow storm... just because some idiot wants to do the posted
limit... in fact s/he might get one for driving to fast for conditions...
or operating a vehicle in an unsafe manner... another example is the fact 
hat
a bicycle has the right to as much lane as it requires to be operated 
afely..
up to the whole thing... even at low speed... eg People are taught to take
more lane on downhills (faster), or under poor road conditions.
 RG> is much more pleasant. The only thing that I hate is having to ride out
 RG> to the country. A one hour ride through traffic and less then perfect
 RG> roads. 
Do you use the Metro to bypass some of that... Our rides used two routes...
the first was along the south shore, crossed the bridge by Expo, then into
town... the second was along the north shore, then thru the parks along the
north side, then down into the Univerity... then back and both exited out
towards and thru Kahnesetake/Oka..
We used roads and paths... mostly roads... but then we were VIPS...
My approach to using paths, BTW is to regard them as warm up and cool down
sessions... make what time I can, where I can, suffer the 'kiddies' and
try to educate a bit... politely... Bike clubs have been known to do some
path clean up and education sessions out there too. Too much glass? try a 
roo
and shovel... we were trying out an adopt a trail/path/sidewalk a while back
down east... everybody picked a favourite piece and kept house there once in
a while... not much work, good times aplenty... try that.
Doug
 
... Death: Nature's way of recycling people.
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