Dear Bill,

I am grateful to Dr. Rye for copying me on his message. A solution to Dr. Rye's and other novice cyclists' problem with 705 is to widen the right lane to 14 feet to enable motor vehicles to safely pass bicycles without having to cross the center line. Erecting Share the Road signs (MUTCD W11-1 & W16-1) in addition to widening the lane may increase motorist awareness that bicyclists belong on the roadway.

Shoulders are not a part of the roadway (WV Code 17C-1-37) and are not intended for ordinary vehicular traffic.

17C-11-2 says, "every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties as the driver of a vehicle". Some of these rights include the right to use the roadway and the right to equal protection under the law.

17C-7-5 (a) says, "No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken"

There is no minimum speed limit on 705 and cyclists are not prohibited from 705. The lanes are apparently insufficiently wide to enable motor vehicles and bicyclists to travel safely side by side in the lane. Given this situation, the law requires motorists to wait until it's clear to pass the cyclist. In Morgantown's current social, political and legal climate, a motorist slowing down for a cyclist as required by law is not expected. A practical solution is to widen the curb lane and remind motorists with Share the Road signs that bicycles may be present. A little enforcement would also help.

Frank Gmeindl
Chairman, Morgantown Municipal Bicycle Board
League Cycling Instructor 1703

On 9/19/2009 12:35 PM, Jim Rye wrote:

Dear Bill,

Do you know: Is inbound 705 between the Mileground and Stewartstown road being expanded to 2 lanes, and in so doing, will the wide shoulder be removed?

This shoulder is an integral part of bicyclists' (I being one) commuter route.  I understand that, as cyclists, we are legally entitled to riding on the roadway (except as stated within the WV Bicycle Law pasted at the end of this message). However, the 50 mph speed limit coupled with the high traffic density on this section of 705 presents a real safety hazard to doing so. Furthermore, with two inbound lanes and a speed limit of 50 mph, moving to the left hand turn lane to turn onto Stewartstown Road (to continue our commute) will present an even greater hazard to cyclists.

If this expansion is going to happen and the speed limit will remain 50 mph:  I am requesting that (a) a paved shoulder be part of that development, and (b) (regardless of the speed limit) ample signage be installed to alert motorists that cyclists are using this roadway and to be courteous (?yield?) to cyclists who will be merging into the left hand turn lane to access Stewartstown Road.

During 2006 and 2007, I served as a member of the MPO to represent commuter cyclists.  I thought we were headed in the "right thing to do" direction in terms of creating a bicycle friendly greater Morgantown area: a progressive community that wants to realize the human and environmental health benefits of non-motorized transit and attract like-minded professionals and their families who value such to our area.

If there is anyone else who should receive this message, kindly forward it. Thank you very much.

§17C-11-5. Riding on roadways and bicycle paths.

(c) Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

Jim Rye

Professor

Science Education

Dept C&I/LS

College of Human Resources & Education

West Virginia University
PO Box 6122
604L Allen Hall
Morgantown, WV 26506-6122

Phone: (304) 293-4416
Fax: (304) 293-3802

Email: jim.rye@mail.wvu.edu

Web Page: http://depts.hre.wvu.edu/c&ils/currinst/rye.html

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