Maine’s highest court recently sent an important reminder to the public that Maine law affords bicyclists extensive freedom to choose where to safely ride while also calling on the Maine Legislature to improve the text of the “riding to the right” statute (Section 2063 of the Maine Motor Vehicle and Traffic Code).

In State v. Ray, the Maine Supreme Judicial Court vacated a trial court decision against Mr. Christopher Ray, an experienced cyclist from Cumberland, who was wrongly ticketed by a law enforcement officer for allegedly violating the statute. As the court made clear in its decision, “because the statute leaves it entirely up to a cyclist to determine how far to the right it is safe to ride, it becomes unenforceable against a cyclist who claims it would have been unsafe to have ridden farther to the right.”

This holding was a powerful affirmation of something we at the Bicycle Coalition of Maine have said for years: cyclists deserve the right to make safety-based decisions about where and how they ride.

In addition to the holding that the statute cannot be enforced against bicyclists who have made a safety determination not to ride to the far right, the court also affirmed a prior opinion that unambiguously held that the “riding to the right” requirement is not triggered unless bicyclists are riding less than the normal speed of traffic for that time and place.  For example, if a bicyclist is riding through downtown Bangor at 23-25 mph in an area where the posted speed limit is 25 mph, the “riding to the right” law does not apply.

The court’s opinion also makes it clear that the “riding to the right” statute cannot be enforced against bicyclists who choose not to ride to the right to avoid colliding with, or being “doored” by, people exiting vehicles. This is particularly important given the number of Uber, Lyft, Car Hop, Federal Express and similar delivery vehicles on our public ways and the number of distractions competing for their users’ attention.

In addition, the Ray opinion and the statute contain many other examples of when the “riding to the right” law does not apply. Bicyclists need not ride to the right when they are preparing to turn left, passing another bicyclist or driver, proceeding straight where right turns are permitted, and when necessary to avoid potholes, glass, puddles, ice and other surface hazards.

Further, the “riding to the right” mandate does not apply when bicyclists are riding in a “lane of substandard width,” meaning a lane that is too narrow for a bicyclist and a vehicle to travel safely side by side. Given that many Maine roads are narrow and full of surface hazards, drivers should never attempt to drive-by-side or pass bicyclists in such lanes unless they are certain they can safely complete the pass and leave at least 3 feet between their vehicles and bicyclists.

It is my hope that the court’s decision will increase the public’s understanding of the law, encourage mutual respect and vigilance from all road users and prevent future misunderstandings about where bicyclists may lawfully travel.

Our organization also acknowledges the court’s call to the Legislature for improvements to the text of the “riding to the right” statute.  More specifically, in its opinion the court suggested that in the situations where the “riding to the right” requirement does apply, it would be helpful to have additional guidance from lawmakers on whether the statute requires bicyclists to ride in the far right of the travel lane or somewhere else. In response to that call, the Coalition stands willing and able to work with lawmakers, law enforcement, transportation planners and community members to improve the law.

The Coalition will also continue with education and advocacy efforts designed to decrease fatalities, injuries and conflicts on our roadways and trail systems and ensure that everyone — regardless of how they travel — can get where they’re going safely and confidently.