Mark J. Ginsberg
okay, I'll poke a stick in that bee hive.
about 2 years ago, ODOT (state) looked at expanding the closure of state highways around Portland. They couldn't/wouldn't tell anyone why they proposed the rule change (for you procedure geeks, it was notice and comment rulemaking, under the APA).
In the end, there was enough resistance, coupled with the lack of any given reason, so the proposed rulemaking went away, and the current limits on riding on the highways was not changed.
Now, on top of that there is some Oregon case law (as compared to statutory law) which says that a bicycle is motor vehicle. The case was limited in scope, but did hold (legalese for "say") that a bicycle is a motor vehicle for the purposes the motor vehicle code. So, while I am not advocating that cyclists ride on I-5 at 5:30 pm and take the lane. I think that would be stupid. BUT under the law it MAY, just MAY be legal.
As for why that road in TN is being closed, I have no clue. so I can not comment on that.
Mark
Mark J. Ginsberg
Berkshire Ginsberg, LLC
Attorneys At Law
1216 SE Belmont St.
Portland, OR 97214
(503) 542-3000
Fax (503) 233-6874
markjginsberg@yahoo.com
www.bikesafetylaw.com
--- On Wed, 2/25/09, Kevin wrote:
From: Kevin
Subject: Re: [OBRA Chat] a little east of OBRA.....How do I stop this??
To: obra@list.obra.org
Date: Wednesday, February 25, 2009, 8:28 AM
I'm not sure what the issues are with the proposed closure. Safety issues? Nuisance issues?
I know that the interstate freeways within Portland are closed to cyclists (indeed, ALL non-motorized travel) because of safety concerns for both the motor vehicles and the non-motorized. The interstates are open to cyclists outside the metro area.
I don't think there are many on this list that will be lobbying to open the interstates within Portland anytime soon.
If the two lane road you describe is a road that has overwhelming safety issues it might not be that unreasonable.
just my $0.02 (usually only worth about half that amount)
Kevin
+++++++++++++++++++++++++++++++++++++++++++++++++++++
What is happening in Kevin's corner of the bike world?
http://the-whir-of-spokes-in-air.blogspot.com
+++++++++++++++++++++++++++++++++++++++++++++++++++++
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org