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          (2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.
          (3) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:
          (a) Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path.
          (b) Preparing to execute a left turn at an intersection or into a private road or driveway.
          (c) Avoiding debris or other hazardous conditions.
          (d) Preparing to execute a right turn where a right turn is authorized.
          (e) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.
          (4) The offense described in this section, failure to use a bicycle lane or path, is a Class D traffic violation.
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