Remember this guy? - Page 6 - Honda CBR1000 Forum : 1000RR.net
Reply
 
Thread Tools
post #51 of 57 Old 04-18-2017, 07:31 PM
Bevo
Hook 'em!
 
Bevo's Avatar
 
Join Date: Jan 2010
Location: Houston, TX
Posts: 1,598
Garage
Quote:
Originally Posted by Nikofab View Post
Nail on head.

BTW, where in Houston? Sugar Land here.
I'm inside the loop. I'm also on MotoHouston.com


25th Anniversary Edition CBR1000S1 Hurricane
Bevo is online now  
Sponsored Links
Advertisement
 
post #52 of 57 Old 04-18-2017, 07:36 PM
Nikofab
Nikofab
 
Nikofab's Avatar
 
Join Date: Jun 2015
Location: Houston, Texas
Posts: 82
Garage
Quote:
Originally Posted by Bevo View Post
I'm inside the loop. I'm also on MotoHouston.com
Just joined. Same profile?

Nikofab is offline  
post #53 of 57 Old 04-18-2017, 07:57 PM
Bevo
Hook 'em!
 
Bevo's Avatar
 
Join Date: Jan 2010
Location: Houston, TX
Posts: 1,598
Garage
Quote:
Originally Posted by Nikofab View Post
Just joined. Same profile?
Yup


25th Anniversary Edition CBR1000S1 Hurricane
Bevo is online now  
post #54 of 57 Old 04-19-2017, 03:00 AM
RC45
Lifetime Premium
 
RC45's Avatar
 
Join Date: Mar 2017
Location: Houston, Texas
Posts: 24
Quote:
Originally Posted by JBear View Post
I don't know if it's still the case now, but at the time of this accident I was curious so I looked up the laws in every state. And two years ago in most states by far (including TX) there was no law against passing in a double yellow. It is only a violation of you break the speed limit to do it OR if there is a sign posting that it is a no passing zone. This is not true for every state, but it was the case in most states at the time. Double yellow simply means passing is inadvisable, not unlike going through an intersection when the light is yellow is inadvisable. Is it the same as a red light? No. Are you allowed to speed to make it through? No. Should you stop if there's no reason not to? Yes. But is it against the law to go through it? Absolutely not.
I believe you may be mistaken. In Texas the double yellow lines serves as a 'no passing zone marking' - as good as a 'no passing sign'.

So the violation would be passing in a no passing zone. I believe the Texas Section 545.055. Passing to the Left: Passing Zones covers this.

Sec. 545.055. PASSING TO THE LEFT: PASSING ZONES. (a) An operator shall obey the directions of a sign or marking in Subsection (c) or (d) if the sign or marking is in place and clearly visible to an ordinarily observant person.
(b) An operator may not drive on the left side of the roadway in a no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone. This subsection does not prohibit a driver from crossing pavement striping, or the center line in a no-passing zone marked by signs only, to make a left turn into or out of an alley or private road or driveway.
(c) The Texas Transportation Commission, on a state highway under the jurisdiction of the commission, may:
(1) determine those portions of the highway where passing or driving to the left of the roadway would be especially hazardous; and
(2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway.
(d) A local authority, on a highway under the jurisdiction of the local authority, may:
(1) determine those portions of the highway where passing or driving to the left of the roadway would be especially hazardous; and
(2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway.


Double Yellow line as defined in the Texas Manual on Uniform Traffic Control Devices is:

SOLID DOUBLE YELLOW LINES: Double yellow lines indicate that passing is not permitted.

The Good
1988 RS250R NF5
1985 NS400 Track bike
2017 CBR1000RRSP2 (On order)

The Bad
RZ500 Track bike
1987 TZ250 2KM
786cc YZR500 Replica project
1989 TZR250 3MA Track bike

The Ugly
427ci LS7 powered C5Z06 Corvette Track car

Gone but not forgotten
RZ350YPVS, RG250, XS1100, GS550, FJ1100, VFR400R, CBR400RR, RC45
RC45 is offline  
post #55 of 57 Old 04-19-2017, 04:55 AM
JBear
Senior Member
 
JBear's Avatar
 
Join Date: Sep 2016
Location: New England
Posts: 230
As I said, I haven't looked since then to see if anything has changed. It wouldn't surprise me one bit if TX changed it over this very incident. It's also entirely possible that whatever my source was at the time was already outdated, but I doubt it. Not that it matters much at this point- it is what it is.

2005 Ninja ZX10R (his)
2012 CBR1000RR (hers)
JBear is offline  
post #56 of 57 Old 04-19-2017, 05:04 AM
Bevo
Hook 'em!
 
Bevo's Avatar
 
Join Date: Jan 2010
Location: Houston, TX
Posts: 1,598
Garage
Quote:
Originally Posted by JBear View Post
As I said, I haven't looked since then to see if anything has changed. It wouldn't surprise me one bit if TX changed it over this very incident. It's also entirely possible that whatever my source was at the time was already outdated, but I doubt it. Not that it matters much at this point- it is what it is.
1. Texas is not going to change the law based on this event.
2. I personally know of several riders on a group ride in Texas that got popped for passing in a double yellow zone.


25th Anniversary Edition CBR1000S1 Hurricane
Bevo is online now  
post #57 of 57 Old 04-19-2017, 01:29 PM
RC45
Lifetime Premium
 
RC45's Avatar
 
Join Date: Mar 2017
Location: Houston, Texas
Posts: 24
Quote:
Originally Posted by JBear View Post
As I said, I haven't looked since then to see if anything has changed. It wouldn't surprise me one bit if TX changed it over this very incident. It's also entirely possible that whatever my source was at the time was already outdated, but I doubt it. Not that it matters much at this point- it is what it is.
Don't mean to be a stickler. but the above exert is from the current Texas Code and the section quoted is dated Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

And as indicated earlier, the charge for any traffic violation if applicable would be between the traffic control authority of the location (probably DPS, the State of Texas) and the rider - while any charges for the criminal violation of ramming the rider with the car would be between the state and the driver.

It would not even be the same court hearing both charges. So the dismissal of the traffic violation of the rider would not be linked to the criminal charges of the driver.

I once did a smoking rolling burnout in my car in front of some DPS Troopers (long story) - the rub for the Trooper who wanted to ticket me was either give me a traffic ticket for the offense of spinning my tires and let me go to appear in traffic court OR cite me for criminal acts with my car so it could be impounded and I could be hauled off to jail.

It was either one OR the other per the DA they consulted. Pick the poison, either traffic court OR criminal court.

So the chances of the same judge/court hearing both the traffic and criminal parts of such an altercation is pretty slim.

Any way, I believe all the broohaha and back and forth about this 'dismissed passing ticket' is the result of very poor reporting. It almost smacks of poetic license taken by the original reporter

The chance encounter of this couple with the madman behind the wheel resulted in his crazy angry aggressive driving habits being thankfully taken off the road. Sadly it came at the cost of the young lady's health and welfare.

The Good
1988 RS250R NF5
1985 NS400 Track bike
2017 CBR1000RRSP2 (On order)

The Bad
RZ500 Track bike
1987 TZ250 2KM
786cc YZR500 Replica project
1989 TZR250 3MA Track bike

The Ugly
427ci LS7 powered C5Z06 Corvette Track car

Gone but not forgotten
RZ350YPVS, RG250, XS1100, GS550, FJ1100, VFR400R, CBR400RR, RC45

Last edited by RC45; 04-19-2017 at 01:55 PM.
RC45 is offline  
Sponsored Links
Advertisement
 
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Honda CBR1000 Forum : 1000RR.net forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in









Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page


Forum Jump

Posting Rules  
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 
For the best viewing experience please update your browser to Google Chrome