A Ennis cyclist is headed to court this month over his dispute with the City of Ennis regarding his continued use of State Highway 287.
At issue is Ennis resident Chip Seal’s right to ride along the busy highway. Seal, who does not own a car, has been cited and arrested repeatedly by local police who have charged him with impeding traffic, a violation of the Texas Transportation Code.
According to the state law, “an operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.”.
However, the Texas Transportation Code excepts consideration of a bicycle operating in a vehicular manner as an impediment with the following language,
Sec. 551.101(a)(2). RIGHTS AND DUTIES. A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.
Bicycles are defined as vehicles. Physical and physiologic limitations make it all but impossible for a cyclist to maintain a velocity much above 20mph. The average is closer to 16mph. If the operator of a bicycle is making effort, to the best of their ability, to travel at a reasonable speed, there is no impediment. A notable exception being those conduits which have a minimum posted speeds, but those are few and far between. Otherwise, the law and reasonable accommodation favor the cyclist.
Who is right? Jury selection in the municipal trial begins Feb. 16 in Ennis.
