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Re:New California law requires drivers passing cyclists to g... by dragonwriter on Tuesday September 16, 2014 @04:05PM (#8326779)
> Not "subjectively feels comfortable doing," but "reasonably considers to be the safer choice".

"reasonably considers" is not in the law. "Reasonably necessary" is, but nothing that suggest that is a subjective consideration of the person subject to the requirement rather than an "objective" (as that is used in law, which isn't exactly the normal sense) determination applied to the facts.

Again, I think that you err in assigning subjectivity, and your only support is words that normally in law invoke objective standards.

Re:New California law requires drivers passing cyclists to g... by dllthomas on Tuesday September 16, 2014 @04:13PM (#8326829)
I think you're making a distinction that isn't one. One must necessarily operate on their subjective assessment of objective reality.

I'm not going to take a poll or ask a lawyer every five seconds as I try to decide where I need to be.

You are, either way, subject to others disagreeing about what is reasonable; and either way, you should seek to educate yourself about what is empirically safer behavior (for reasons much more important than a ticket).

Re:New California law requires drivers passing cyclists to g... by dragonwriter on Tuesday September 16, 2014 @05:11PM (#8327142)
> I think you're making a distinction that isn't one.

I think youa re obscuring an important distinction: specifically, you are confusing "how you decide to act based on the law" with "what is required by the law".

> I'm not going to take a poll or ask a lawyer every five seconds as I try to decide where I need to be.

Of course not. That doesn't mean, however, that the requirements of the law are based on your subjective judgement. Obviously, with most laws, you are going to use your subjective judgement to decide how to act, even if the requirements of the law set an objective standard that will be applied should the question of whether you complied with the law ever come into controversy.

But your earlier argument was that the law accomodates your subjective judgement of necessity, which is incorrect.

Re:New California law requires drivers passing cyclists to g... by dllthomas on Tuesday September 16, 2014 @05:21PM (#8327187)
"But your earlier argument was that the law accomodates your subjective judgement of necessity, which is incorrect."

I see how you can get that from what I said, but it was not meant to be a specific claim in any strong sense.

As I said here, though, there are better reasons than "complying with the law" to make sure your subjective assessment of safety matches reality, and given that your subjective assessment of safety matches reality the law does say what I said above.