{"id":254486633,"date":"2013-01-24T10:43:53","date_gmt":"2013-01-24T10:43:53","guid":{"rendered":"https:\/\/wp.baltimorespokes.org\/?p=254486633"},"modified":"2013-01-24T10:43:53","modified_gmt":"2013-01-24T10:43:53","slug":"should-i-bring-up-malfeasance-again","status":"publish","type":"post","link":"https:\/\/wp.baltimorespokes.org\/?p=254486633","title":{"rendered":"Should I bring up malfeasance again?"},"content":{"rendered":"
I’ll note that I am looking for a better argument to be sent to secretary@mdot.state.md.us and reference “Case: 47820 “(Not a email bomb, simply, who has the winning and most convincing argument on any topic is somewhat a random occurrence and I encourage you if you have a better argument then what I present here please send it to the Secretary and if you get a response please share.)<\/i><\/p>\n

In this section I’m going to share some things I cut from the letter I sent:<\/p>\n

Let’s go back to when MVA introduced our 3′ law<\/a> and concluded “The law says the bicyclist has the responsibility to move aside and let you pass.”<\/b> <\/p>\n

But the law says no such thing. While MVA is well versed in laws for motor vehicles capable of doing the speed limit, so what they said is correct if you are driving a car. But the flaw in their logic is they incorrectly asserted “the bicycle “has all<\/i> the rights and responsibilities” of any other vehicle. “<\/b><\/p>\n

This fails on two counts, so let’s look at what the law actually says:<\/p>\n

\n
\n\u00a7 21-1202. Traffic laws apply to bicycles and motor scooters
\n Every person operating a bicycle or a motor scooter in a public bicycle area has all the rights granted to and is subject to all the duties required of the driver of a vehicle by this title, including the duties set forth in \u00a7 21-504 of this title, except:
\n (1) As otherwise provided in this subtitle; and
\n (2) For those provisions of this title that by their very nature cannot apply.\n<\/div>\n<\/blockquote>\n

Fail #1 As otherwise provided in this subtitle<\/b> \u00a7 21-1205. Riding on roadways or on highway says when we are riding in a lane too narrow to share we can ride anywhere in the right hand lane. No obligation to move aside because \u00a7 21-1205 overrides any general lane position for motor vehicles.
\nFail #2 \u00a7 21-804. (a) … a person may not willfully drive a motor vehicle<\/i> at such a slow speed as to impede … traffic.<\/b> Bicycles by their very nature do not have a motor so \u00a7 21-804 is not applicable to cyclists. I should note laws that motor vehicles and cyclist both have to obey the statute when it just says “vehicle”.<\/p>\n

Additional Points<\/b>
\nA legal brief from a higher court in Florida about a cyclists wrongfully charged with impeding traffic.<\/a>
\nThat\u2019s safe cycling, not arrogance, says MDOT<\/a><\/p>\n

But you will note it was Michael Dresser, NOT MVA that issued the final correction so I suspect there are those in MVA who still think cyclists have the responsibility to move aside. (A side note that this conversation helped get Changes to the Drivers’ Handbook<\/a>.)<\/i><\/p>\n

I am starting to think MDOT is trying to take over the Attorney General’s position and provide legal opinions but unlike the Attorney General not based on law in it’s entirety and legal proficiency but on some half baked thoughts and agendas. MDOT’s job should be<\/b> promoting what constitutes safe driving based<\/i> on the law. And I have no idea how the construct “if you can’t pass safely you can pass unsafely” fits into that. <\/p>\n

I sent this to the Secretary of Transportation: Don’t drink and drive but having 4 drinks before driving is fine<\/a>
\nHis response<\/a>
\nMy next response:<\/p>\n

\n
Dear Secretary Mobley et al.,  <\/span><\/span><\/span><\/div>\n
<\/div>\n
 <\/div>\n
(The letter I am responding to is attached.)<\/div>\n
<\/div>\n
I should apologize for the lack of organization and my apparent inability to make a clear point, I will try to correct that in this email. I really do appreciate the time and the response and hopefully these issues will finally be
\nresolved or at least a constructive dialog will begin.<\/span><\/div>\n
<\/div>\n
Points I would like to get your attention\/action on:<\/div>\n
1) Please correct recent incorrect “safety” advise given to DNR (specifically to “Carr, Steve” <>SCarr@dnr.state.md.us><\/span>  )<\/span>    <\/span><\/div>\n
2) The 3′ “safety” card is in error and not accurate as you asserted<\/span><\/span><\/div>\n
3) Michael Jackson has been ineffective on resolving this issue (issue first brought to MDOT’s attention Oct 2010)<\/div>\n
<\/div>\n
<\/div>\n
Overview<\/span><\/div>\n
Working with MVA has resulted in the following.<\/div>\n
<\/div>\n
Traffic Laws for Motorists<\/b><\/div>\n