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Discussion in 'Off-topic' started by Phil1979, Jan 10, 2019.
Is it legal for them to drive and stop in bike lanes while delivering mail?
The lanes that are on the outside edges of the roads?
How long do you think their arms are that they could reach across those bike lanes? Or, should they merge into the regular lane and then merge back into the bike lane with every stop to pickup and deliver mail?
It's not as though they're going to be overtaking bikes on the bike lane, I doubt their average speed is over 15mph.
It should be illegal to have bike lanes since bicycles do not pay road use taxes, are not registered as a vehicle, operators are not required to have a license and are not required to carry insurance like any other vehicle used on the roads. Yet the operators can find the dumbest things to complain about.
I don't recall there being any law that says a motor vehicle can never encroach on a bicycle lane for any reason.
I suspect that since everyone knows USPS delivers mail to rural mailboxes (on posts along the road, as contrasted with mailboxes that are attached to your house) by pulling up in a vehicle and pausing ("standing") there for a few seconds, this is a reasonable and expected use of all parts of the road, including the bike lane, the paved shoulder outside of the fog line, and the unpaved shoulder and right-of-way.
If you want to read up on the various Georgia OCGA statutes about bicycles, see this link:
Did you plow into one again? Gotta keep them eyes up not down.
They tear up the grass in my front yard because they won't pull back on the road....Guess there is nothing I can really do about it.....I don't want to have to patch all the holes in my lawn mower tires so I will not throw out a handful roofing nails. I guess they are on the right-of-way that the county owns but I pay the taxes for.
I'm lucky if they deliver my mail at all....
If it were to be illegal for a motor vehicle to encroach, or park, or stand in a designated bike lane, would that be enforceable against a USPS vehicle that is actively doing their official business of delivering mail? Or would the postal driver have immunity as an agent of the US government doing official business? Do they have immunity from any other traffic laws? Serious questions, I really don't know about it.
Postal Service lawyer claims immunity from traffic laws
As an entity. I don't think it applies to individual employees.
USPS can not be ticketed and they have the right of way on the roads.
USPS may not be ticketed, but I don't think that applies to USPS employees.
The USPS as an entity may have certain waivers as to how they're allowed to accomplish mail delivery but I doubt a mail truck driver can violate traffic laws at will and get away with it.
They can be held accountable by the work place. But they have right of way at all times. Supposedly because they could be carrying declarations of war and what not
I think that Congress "could" enact legislation invoking the enumerated postal power, the commerce clause / "dormant commerce clause" to preempt any state or local regulation of mail carriers using public roads. That's something they could do.
But have they done so? Apparently not. They've passed some other laws, I'm sure, such as federal license plates eliminating the need for any state license plates. But for moving violations, postal regulations require the drivers to obey all local traffic laws.
It looks like the drivers of postal vehicles could get ticketed for speeding, running red lights, etc.
These were mostly in response to traffic cameras so I imagine if pulled over a postal worker could be ticketed personally.
Jennifer Breslin, senior litigation counsel for the Postal Service, is attempting to get dismissed almost $700 in traffic tickets given to USPS employees in East Cleveland, claiming the service is immune from state and local regulations.
The tickets were received for running red lights in school zones, ATS reports.
"In providing mail service across the country, the Postal Service attempts to work within local and state laws and regulations, when feasible," Breslin wrote in response to a summons for payment. "However, as you are probably aware, the Postal Service enjoys federal immunity from state and local regulation."
The USPS Employee Safety Guide states employees will "receive no special privileges or rights as a postal driver."
David Van Allen, regional spokesman for the U.S. Postal Service, said in an interview that postal employees "are subject to obeying local traffic laws and ordinances just like any other citizen. However, the Postal Service cannot legally be billed for any traffic violation fines incurred by its employees."
He added that there is no legal system in place to transfer liability from the Postal Service to an employee, an issue because these tickets were the result of traffic cameras, not police stops with tickets handed to individuals.
Complete story at https://www.usatoday.com/story/news/nation/2013/02/02/postal-service-traffic-laws/1885995/
Article 1, Section 8, Clause 7 empowers Congress to create Post offices and Post roads. This is a strong argument for Federal Preemption.
IF they preempted. Did they?
Declarations of war not withstanding.