Rebecca from Denver writes, “What’s driving you crazy? I recently happened upon a disturbing post on Nextdoor.com regarding a cyclist engaged in the legal practice of 'taking the lane.' I was shocked not only by how many people think that the cyclist is in the wrong, when what she's doing is EXACTLY what she's supposed to do to remain safe in this situation, but also by the hatred and vitriol towards cyclists. I certainly know that there are just as many idiots in spandex as there are behind the wheel, but I can't help but think that it would be helpful if people actually knew what the law was. Is it legal to take the lane in a situation like this?”
The picture that was attached to the post on Nextdoor shows a bike rider coming down what looks like a road in the foothills riding in the center of the travel lane. The driver who took the picture and posted it to Nextdoor said, “I'm was coming down Morrison road, and this biker would not get out of the way ... Almost 10 miles below the speed limit, just staying in the middle of the lane. The car that was in front of me passed illegally to get around her. This went on for many miles. This isn't legal right? I honked twice after the car went around her and she didn't care at all, just continued to cause traffic and hazards.” She ended her post asking, “What should I do if I see this again?”
Let me first answer the question — "is this legal?" Yes, that is legal in Colorado and it’s called “take a lane.”
This is what the State of Colorado has to say about when a bike riders should take a lane:
“A bicyclist may take the travel lane where traffic is slow and the lane is narrow, there is no shoulder or bike lane, when approaching an intersection, or if you are moving at the same speed as the flow of traffic. Moving to the center of the lane establishes your position and prevents motorists from passing until there’s enough room.”
Colorado Revised Statute 42-4-1412 covers the operation of bicycles. It says:
“A person operating a bicycle upon a roadway at less than the speed of normal traffic shall ride in the right-hand lane, subject to the following conditions: If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.”
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That said, sometimes road conditions or hazards in the road allow riders to "take the lane" and utilize that lane if it is the safest option in their opinion.
I asked Rob Toftness, founding member of the Denver Bike Lobby his thoughts of the original post on Nextdoor. He tells me, “My first reaction is to head off the usual nonsense that this cyclist ‘caused this driver to drive erratically’. Driving around a vehicle in this manner is illegal and dangerous and was not caused by the cyclist. Driver's actions are their own. If they are not able to remain calm and composed behind the wheel then they shouldn't be operating a vehicle.”
I also talked with the Jefferson County Sheriff's office about this situation. They tell me they have experienced more and more vitriol and complaints between cyclists and motorists over the years and while some of the social media back-and-forth has become extremely negative, state laws are structured to solve many of the problems specifically around rights-of-way.
Mark Techmeyer, Director of Public Affairs for the Jefferson County Sheriff’s Office told me, in this situation, both the driver and the cyclist were doing exactly what they were legally allowed to do. “As we are not the rider on the bike, are confined to a vehicle with limited road-surface vision, we cannot determine what they were seeing or thinking that made them decide to ride center position in the right-hand lane on a two-lane roadway. I know from personal experience that winter road-wash, rocks, gravel and pot-holes are frequent at the partitions of this road-way in both east and west directions of travel on Morrison Road. So, it would not be unreasonable to think that the cyclist did not feel safe using the hard shoulder.”
Ashley Vander Meeden, marketing & communications manager for the bike riding advocacy group Bicycle Colorado told me that while state law requires cyclists to ride on the right side of the road, it's important to remember that riding on the right doesn't mean hugging the curb or edge. It simply means riding as far right as is safe.
“Riding on a curvy, steep mountain road at high speeds is a clear example where it may be safer for the cyclist to ride farther left, essentially ‘taking the lane,’" Vander Meeden said. "This is why many roads like this have signs that say, ‘Bicycles May Use Full Lane.’”
I asked Vander Meeden if there are any roadway design solutions to limit conflicts like this.
“The physical design of roads has the greatest direct impact on safety,” Vander Meeden said. “While we understand what design features are most effective, several factors can make it challenging to implement them. Two key obstacles are funding limitations and the physical constraints of the space available. A great example of this is Lookout Mountain. Jefferson County officials have conducted studies and surveys to assess safety along the 4-mile stretch of road, taking into account the needs of both drivers and cyclists, as well as the constraints of the available space and funding.”
Techmeyer told me, regardless of our assumptions of the other road users intent, there are Title 42 exceptions that allow us to all move forward and enjoy our Colorado roadways without too much obstruction.
“The motto used most on our roadways is: ‘Share the road,’” Techmeyer said. “Bicycles are classified as ‘vulnerable road users’, and so passing them requires a 3 feet distance between your far right mirror or any other exclusions of your vehicle when doing so. In this instance, the motorists were allowed to pass the cyclist on the left, even if road engineering prohibits it, provided the same safety precautions are made prior to the maneuver. This includes passing double yellow lines, or other road signage. The 3 feet rule still applies in this instance if you are overtaking a bicycle traveling in the same direction on a two-lane road.”
Toftness reiterates that sentiment, “’Share the road’ is a poorly understood phrase. It does not mean people always need to move out of your way, it means there will be times you may have to be patient and feel inconvenienced because someone else is using the road space differently than you.”
Bicycle Colorado Education Manager Benedict Wright told me, although Colorado’s "Three Feet to Pass" law has been in place since 2009, it's clear that there is still a need for ongoing education for both drivers and cyclists about this law and other bike safety regulations.
“We are currently exploring a bill that would require all Colorado drivers to periodically refresh their knowledge of traffic laws and safe driving practices." Wright said. "The bill would focus on improving safety for vulnerable road users, such as bicyclists and pedestrians. Last year, we helped pass a law that strengthens driver training standards for young people, including new content on bicyclist and pedestrian safety. These changes will impact all young drivers in Colorado.”
Wright added that they are dedicated to developing and promoting educational resources for both drivers and cyclists. One key initiative they point to is the creation of SHIFT Driving — a free, interactive online course that helps clarify Colorado's existing laws, with a particular focus on safely sharing the road with bicyclists and pedestrians.
Denver7 Traffic Expert Jayson Luber says he has been covering Denver-metro traffic since Ben-Hur was driving a chariot. (We believe the actual number is over 25 years.) He's obsessed with letting viewers know what's happening on their drive and the best way to avoid the problems that spring up. Follow him on Facebook, Twitter or Instagram or listen to his award winning Driving You Crazy podcast on any podcast app including iTunes, iHeartRadio, Spotify, Podbean, or YouTube.
