Bicycling and the Law
By Bob Mionske, JD

Wow. This is a book that should come with every bicycle sold. For that matter, it should come with every car sold, and you shouldn’t be allowed to drive until you’ve passed a test based on the book.

Bob Mionske has done a wonderful service to the cycling community with Bicycling and the Law. He lays out, clearly and with undeniable command of the facts, the law governing the rights and responsibilities of cyclists.

It’s important to note that every state — and indeed, nearly every municipality — has its own bicycle laws. Covering every permutation of every law in every city is way beyond the scope of this or any book. Mionske is clear to say “look it up” when you need to do your own research. But he also relies on the fact that many state and local laws are derived from the Uniform Vehicle Code, and therefore many rules and laws are the same in most places. In several sections (for example, the section on helmet use), he provides charts that compare the rules in each state. For example, in New York State, all passengers in bike seats or bike trailers under 5 years old must wear a helmet, and all bicyclists under 14 must wear a helmet. In fact, parents can be charged and fined if their under-age children ride without helmets.

Mionske also dispels quite a few myths or common misconceptions about traffic laws. At a recent dinner, several cyclists were mentioning that drivers in New York State must pass a cyclist by at least 3 feet. That’s not the case. Here in New York, drivers — and cyclists — have a “duty of care,” sometimes called a “duty of due care.” Here’s section 11-504 of the Uniform Vehicle Code, as quoted in Bicycling and the Law:

Notwithstanding any other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or person propelling a human powered vehicle and shall give an audible signal when necessary, and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

The rule that a person traveling upon a highway has a right to assume that all other persons using the highway will obey the law and that one is not bound to keep a lookout for others who may violate the law applies only to those cases when the automobile is being driven in conformity with the law and not in violation thereof.”

Mionske does an excellent job of clarifying exactly what all that means and giving plenty of real-world examples.

You’ll find a clear and eye-opening discussion of cyclists’ rights to the road. For example, the law says cyclists must ride as far to the right “as practicable,” and Mionske points out that this means something very different from “as practical.” You should ride to the right, but you have complete license to avoid obstacles, whether that means debris, rough pavement or the “door zone” around parked cars. Moreover, if you’re traveling at the speed of traffic — often an easy thing to do in city riding — you have every right to take the lane whether there are obstacles to the right or not.

The book also has a lot of detail about the frequency and nature of various cycling accidents, along with practical suggestions about how to avoid them and what to do if you find yourself in an accident.

If your experience is anything like mine, you’ll also find yourself completely absorbed by Chapter 5: “Cyclist Harassment And What You Can Do About It.” Mionske breaks down the various types of harassment, and asserts that it’s our duty as cyclists to report harassment if we want conditions to change.

I could go on and on about this book. Again, it’s a must-read for every single person who pedals a bike, whether for commuting or recreation. Highly, highly recommended.

Review: Two Wheels In The Dust
by Anne Mustoe

Anne Mustoe is an amazing woman. She left a career as headmistress of a British school to cycle around the world. Twice.

On one of those trips, she saw a man praying to Hanuman, the Hindu monkey-god who plays a large part in the Ramayana, one of the foundational texts of Hinduism, and one of the most famous pieces of mythology in India. She was so intrigued by the image of this devout man that she decided to follow the story of the Ramayana by bicycle across India.

The Ramayana is the story of Rama and Sita, husband and wife. When Sita is abducted by the evil god Ravana, Rama, who has been exiled from his rightful place as heir to his father’s kindgom, embarks on a quest to free her. The Ramayama details that quest, complete with huge battles between Rama’s allies and Ravana’s forces.

In its original telling, Rama was purely human. Extraordinary, to be sure, but mortal. In later years, more text was added to make Rama an incarnation of Vishnu, and thus a god in human form. Following this transformation, the Ramayana became a religious text in addition to being an important piece of Hindu mythology.

Mustoe’s book details her travels across India, following the trail spelled out in the Ramayana. She visits shrines to Rama and Hanuman, experiences both the best and the worst in accomodations, travels from wealth to poverty and back again, and is inspired again by the wonder and mystery of India.

Before reading Two Wheels In The Dust, my only exposure to Hindu mythology had been via the works of Joseph Campbell. Now I’m inspired to learn more. I’ve started reading a couple different translations of the Ramayana, and I’m eager to read Mustoe’s earlier books detailing her round-the-world cycling excursions.

I highly recommend Two Wheels In The Dust. If you purchase it using this link or any of the other Amazon links in this post, you’ll be helping out this site, too. Thanks!

© 2007 Jason Crane. Login
"Driving a car versus riding a bike is on par with watching television rather than living your own life." -- Bruce MacAlister