First, most drivers are really good about NOT doing this. But it's a few who cause the problem in this area.
The area is 36th Ave, between Fauntleroy and Alaska. Note this is an official marked bike route and as such is a street many cyclists use on a daily basis. So if you commonly encounter cyclists here, do not be surprised. http://www.cityofseattle.net/transportation/bikemaps.htm
Next, note that the Right of Way is well defined per WA State. And unless I, even if I'm on my bicycle, waive you around me when I'm in an intersection (which I will never do because it's illegal - see below) you don't pass me:
SMC 11.14.525 Right-of-way. "Right-of-way" means the right of one (1) vehicle, bicycle, pedestrian or device to proceed in a lawful manner in preference to another vehicle, bicycle, pedestrian or device approaching under such ircumstances of direction, speed, and proximity as to give rise to the possibility of collision unless one (1) grants precedence to the other.
In case you are confused about exactly what an intersection is, there are precisely two of them on this street between Fauntleroy and Alaska: SMC 11.14.265 Intersection. A. "Intersection" means the area enclosed within the projection of the lateral curbs, or if no urbs, then the projection of the lateral roadway boundaries of two (2) or more streets which join one another at an angle, whether or not such streets cross each other.
And no, you cannot pass me in an intersection. I am ahead of you, I have the right of way, and it's dangerous to do so. Even though there are no road markings there is still a "centerline" of the roadway which you are not allowed to cross:
SMC 11.53.260 Driving on left side -- intersection -- Railroad crossing. No person shall operate a vehicle on the left side of the centerline when approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing. (RCW 46.61.125(1)(b))
Maybe you need to brush up on your driver's manual:
http://www.dol.wa.gov/driverslicense/driverguide.pdf
"The law says who must yield the right-of-way, it does not give anyone the right-of-way. You must do everything you can to prevent striking a pedestrian, on foot or in a wheelchair, or another vehicle (this includes bicycles), regardless of the circumstances."
"At an intersection where there is no stop sign, yield sign, or traffic signal, drivers must yield to vehicles in the intersection and to those coming from the right."
To the woman driving the Subaru who apparently decided I was going too slow for her for one block after she pulled out of the YMCA this morning and passed me in the next intersection, maybe you'll read this. Maybe you will realize that putting a human life in danger is not a nice thing to do. That "anti-abortion" sticker on your car, "Protect Human Life" does not apply to human lives so long as those lives are cyclists then? And in the end, we both got to the stop sign at the same time. Was it worth it? Waiting 3 seconds to put your foot on the accelerator is not difficult.
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West Seattle Blog
West Seattle Blog
