Another cycling rules question

Kevincavan83

I was on my daily commute home the other evening.
Traffic was at a standstill due to an accident, as all the cars where tight to the parked cars (in a cycle lane) i was cycling along outside the traffic but (inside the broken white line).
Guards were directing traffic as i got closer to him he started shouting at me to stop cycling on the outside that i "SHOULD BE" cycling inside the trafiic , when i explained why i had to do so he said again you should be cycling on inside your not allowed on the outside and it was dangerous as i couldnt see what was coming towards me.
I asked him how am i not allowed to cycle along outside if its a broken white line and he was just getting pissed off with me so as soon as he could allowed traffic to move on.
Was i right to question him?

cython

Technically you are legally obliged to follow any lawful instruction given to you by a Garda. However, I do not believe there is any legal prohibition on cyclists overtaking traffic on the right hand side, and to be honest I do this on a daily basis due to factors like you have outlined. In fact, the RTA states the following (since 2012):

(5)(a) A driver (other than a pedal cyclist) may only overtake on the left—

(i) where the driver of the vehicle about to be overtaken has signalled an intention to turn to the right and the driver of the overtaking vehicle intends, after overtaking, to go straight ahead or turn to the left,

(ii) where the driver of the overtaking vehicle intends, after overtaking, to turn to the left at the next road junction and has signalled this intention, or

(iii) in slow-moving traffic, when vehicles in the traffic lane on the driver’s right are moving more slowly than the overtaking vehicle,

(b) A pedal cyclist may overtake on the left where vehicles to the pedal cyclist’s right are stationary or are moving more slowly than the overtaking pedal cycle, except where the vehicle to be overtaken—

(i) has signalled an intention to turn to the left and there is a reasonable expectation that the vehicle in which the driver has signalled an intention to turn to the left will execute a movement to the left before the cycle overtakes the vehicle,

(ii) is stationary for the purposes of permitting a passenger or passengers to alight or board the vehicle, or

(iii) is stationary for the purposes of loading or unloading.”,

The use of may here indicates to me that this is an exemption specifically for cyclists to pass on the left, not that it is the only side on which they may pass, so passing with care on the right should not be illegal, and the Garda would be clutching at straws to "do" you for it.

arybvtcw0eolkf

Were you right to question him ~ yes, always question those in authority.

My opinion, you were fully within your rights.

m5ex9oqjawdg2i

Maybe a question for the legal forum? (re; challenging the gardai).

I can't see anything wrong with what you did personally but i'm no expert.

galwaycyclist

It is an unfortunate fact that many garda have a limited understanding of traffic law. It is legal in this country to overtake on the right where road markings allow and traffic conditions permit the manouevre to be completed safely.

If there was oncoming traffic then he might have been right its not clear from your post.

cython

galwaycyclist wrote: »

It is an unfortunate fact that many garda have a limited understanding of traffic law. It is legal in this country to overtake on the right where road markings allow and traffic conditions permit the manouevre to be completed safely.

If there was oncoming traffic then he might have been right its not clear from your post.

Too bloody right. I recall a conversation (in a social setting) earlier this year with an off duty Garda, and I had to enlighten them to the facts that

1. There is no blood-alcohol limit in law above which you may not cycle, and
2. speed limits do not apply to bicycles by virtue of them not being mechanically-propelled vehicles.

Obviously in the case of the first a breathalyser reading can be used as evidence of being drunk, and potentially how drunk, but there is no "line" in the same way that there is for drink-driving*. In the Garda's defence, they are not a member of the traffic corps, so it's not necessarily something they deal with every day, but it's an example of Gardai not knowing the laws they may be tasked with enforcing in the line of their duty.

* I am not advocating drunk-cycling, just highlighting an example of confusion within the Gardai