Road Rights Question #50
The above picture shows two bicyclists riding on the paved shoulder of a two-lane rural roadway. There are no bike lanes. Does either the motorist or bicyclist have preferential right-of-way to the shoulder on this type of road?
The Answer: EQUAL RIGHT
Both bicyclists and motorists have equal right to use the shoulder and are expected to exercise due care while doing so. Motorists should only cross the fog line onto the shoulder if they are making a right turn or stopping for an emergency. A bicyclist may use the shoulder as a facility or path of travel.
This answer is based on Idaho State Code 49-714. (1)
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