Bicycling and the Law Archive

Sweet Circumstance

Posted February 1, 2013 By Frank

How often do you get to give a little corrective feedback to an errant motorist?

I had my opportunity as I was heading home from an early morning meeting. I’ve had like zero times to actually comment to a motorist after they’ve been blowing their horn at me; I’m still savoring the moment.

Many meetings over coffee are early, this one would take me along Coast Hwy to Cappy’s Cafe. We’ve all done this route yet it causes me to reflect – how much traffic will there be? At that time of day, not so bad, but it’s a hairy ride. The bridge between Bayside Drive and Dover – that’s always got cars flying as they make the free right turn onto Dover. I keep telling myself, traffic comes in waves, so at worst case I’ll just have to wait for a gap in traffic. This morning this route was fine. Mariner’s Mile is always a tight squeeze and it was for me – I’m pinned between parked cars and several fast moving cars on my left, a bus, too. No room for error, as David Huntsman is oft to say.

But it’s the ride home an hour later when I’m riding the Sharrows along Bayside Drive – you know the spot, right at the S curve. That’s when a car comes up behind me; she’s blowing her horn at me in this 15mph Sharrows zone. I don’t appreciate that behavior; it’s rude, inconsiderate and potentially dangerous, but what can you do? Motorists are always driving in air conditioned comfort with their windows rolled up, righteous in their ownership of the road.

But this morning would be different; I’d get to make my point for safer interactions.

Just as we wind through the S curve a construction worker surprises both of us – he’s blocking traffic with a hand-held stop sign. A truck full of materials was being unloaded just ahead.

So as I come to a stop, I turn to speak to the horn-blowing motorist. She’s old enough to know better and she’s petite, barely able to see over the steering wheel, so I temper my remarks yet tell her unequivocally, “Don’t blow your horn at me!”

“You should move over,” she responds defensively, sheepishly. She’s caught out and a little embarrassed.

“See that bike insignia on the road there,” I point to the Sharrow.

“That means Share the Road,” the sign-holding construction worker finishes my sentence for me.

We share a conspiratorial nod, knowing we’ve done a minor good deed for the day.

No hard feelings for me. As the sign flips to “Slow” I take the lane and continue, silently, along Bayside Drive.

The Chief Responds

Posted June 13, 2012 By Frank

“If you don’t feel you were treated fairly, you can call…”

I stopped listening as my mind started wondering. Would I contact Chief Johnson? And if I did, would I be able to present my side of the story and get satisfaction? Or was I out of line?

The officer standing right in front of me was watching me fumble as I erased photos from my cellphone. These were photos of a crushed bike lying in the street on Iris at Coast Hwy in Corona del Mar. There were two bikes, the other was up on the sidewalk and I never got a good look at it. To me the bikes looked like a matching blue set.

The ambulance had just pulled away as I came upon the scene. I wanted a picture of the bikes and the bloody t-shirt lying in the street; the images would underscore the need for safer conditions for cyclists along this busy roadway.

That’s when two officers jumped off the sidewalk and insisted I delete the photos I had just snapped. Read more about this.

So as I wrote up the incident I sent the Chief an email asking for comment. An hour later I got a call from Deputy Chief Dave McGill; he’s a good listener. Of course, there’s two sides to every story, but as I described my encounter with these two officers, McGill was quick to say, “I don’t like what I’m hearing.”

Which was reassuring enough. I was pretty sure I had the right, like any citizen to photograph the police in public. Chief Johnson underscored this last night:

Deputy Chief McGill is investigating the actions of the officer and will take appropriate action. He will follow-up with you on that as well. He has also directed refresher training be given to all our Patrol officers on the laws regarding photographs being taking by the public and press. This is a well established law of which all of our officers should be fully aware. Again, I apologized for your negative experience. Please know that it will be addressed appropriately.

To get any response would be satisfying, but this makes me feel that there’s a real partnership in the City between bike advocates and the police.

Bike Crash on Coast Hwy in CdM

Posted June 11, 2012 By Frank

Things were getting confrontational fast; I felt like I was one smart-alec comment away from being arrested. Why had I become the focus of these two officers? As I approached a bike crash with my cellphone camera, they were immediately in my face, “May I help you?!”

Some sirens seem to convey great peril, more urgency than others. We saw the police race down MacArthur Blvd then patiently wait at the light before turning east on Coast Hwy. By the time we had a crosswalk light we could see the fire engine approaching from the east; we jogged across the street. Something had happened in Corona del Mar or beyond — I had no idea what. Last came the ambulance and here we had a better view of the challenge it had navigating the choked Coast Hwy; like you sometimes see, it moved into the opposite lane and proceeded slowly, sirens blaring, lights flashing.

My wife and I were walking home from Corona del Mar Plaza yesterday. Like many weekend afternoons, traffic was heavy. As we crested the hill at Heliotrope and Coast Hwy I could see quite a distance, no accident, just lots of traffic — then I saw the fire truck; it was in the westbound lane, angled out into traffic, shielding the accident scene.

There were two NBPD motorcycles, a patrol car and ambulance all tucked inside the fire truck at Coast Hwy and Iris. I couldn’t see much else. On my side of the street two 10-year old boys hugged their skateboards; they looked rattled. Did you see it? “A car hit a bike.” Hearing that my eyes now picked out the bike.

Traffic was stopped, blocked in both directions; I walked across the street just as the ambulance backed up and sped away. I could see a bloody t-shirt, two bikes, both blue, both carbon fiber road bikes, one in the street near the curb on Iris, the other up on the sidewalk. I was 15′ away as I started taking photos with my iPhone; I kept my distance as I walked in an arc to shoot the scene from a different angle. Two officers sprang off the sidewalk, “May I help you?” A rhetorical question, a taunt.

“You’ll have to remove those photos from your phone,” said the one in my face. Right behind him, “Or we’ll take your phone away from you.”

“I’m on the Bike Safety Committee,” I mumbled, defensively.

“This is an ongoing investigation,” one shouted right back at me.

I know enough about photography and the law to know he had no right to this demand. Judge and jury, I’m thinking.

I’m feeling bullied. I quickly consider my options; I decide to erase the photos. The one officer stands over me as my fingers stumble to pull up the images and delete each one. “If you feel you’ve been treated unfairly, you can call the station.”

Humiliated, I say it again, “I’m on the Bike Safety Committee.”

“I know who you are; I was there the night you were elected.”

Thanks for the professional courtesy, I say to myself. I step away and the officers move to the crushed bike; one picks it up and I half expect it to be broken in two. He holds it vertical, at arms length, like I would do if showing a fish I had just caught.

Retreating down the sidewalk, I see the two boys again; they crossed the street at the light. “Did you see what happened?” They mention a car, a woman driver. Now it was my turn to be rattled; I walk past them as they move towards the scene.

Bob Mionske, Fight or Flight

Posted June 6, 2012 By Frank

Play

Bob Mionske

He’s the author of Bicycling and the Law; this former bicycle racer writes Road Rights, a monthly column in Bicycling magazine.

I wanted to get his thoughts on bike riding on sidewalks, because it’s a subject that keeps on coming up. But first we chat about mirrors, eye wear, distracted drivers, riding in the rain and 3-foot laws, like the one that’s coming back around to Governor Brown’s desk again soon. Bob reminds me of the most important part of any 3-foot rule. Then he adds the motorists’ most common defense when charged with violating the rule. Can you guess?

Early on I mention Tim Kreider’s “Cycle of Fear” commentary in the New York Times, where he connects our primal fight-or-flight mechanisms to the source of our joy of riding a bicycle.

We wrap up with Bob as my judge, grading me on my impromptu response to a neighbor who asks me my opinion on bike licensing. How does Bob rate my response? You’ll enjoy listening as he elaborates on this and many other topics in today’s show.

Show #36 Listen to Bob: Stream, Flash player, or subscribe through iTunes.

Fernleaf Sign to Come Down

Posted August 16, 2011 By Frank

The City has no authority to restrict bicycles on the roadway.

The Fernleaf “No Bicycles On Street” sign will come down.

Sometimes it’s a surprise, like last week’s post where I poked fun at the sign on Fernleaf Avenue in CdM; it received quite a few comments.

My weekly Cycling Safety post on coronadelmartoday brought out an anti-cyclist sentiment from some: “all this bike activist nonsense is getting annoying;” others were quick to see the prejudice.

Doubtless the final word on the subject, BikingBrian writes of the specific legal aspects; it all boils down to this:

“Section 21100 expressly authorizes local authorities to regulate the use of bicycles on public sidewalks”

But that’s as far as it goes, just sidewalks. Cities cannot regulate bicycles off the roadways and apparently, as coronadelmartoday just announced, the sign will come down!

Wade into the subject yourself: on bikeNewportBeach.org, on coronadelmartoday and here at cdmCyclist.

Want that bike back?

Posted August 5, 2011 By Frank

Have you heard? There have been a lot of bike thefts this summer.

Well, thefts of all kinds. As you enter Newport Beach on MacArthur and Jamboree you’ll see the signs blinking: lock your car, secure your valuables. I guess that’s one way to tell visitors and residents there’s an epidemic of petty theft occurring. Hmmm, I haven’t used ‘petty theft’ in a sentence in awhile, I have to look it up:

Examples of petty theft include shoplifting, bicycle theft, or stealing other “minor” items from a residence when lawfully allowed to be there (otherwise it would be burglary). Source: criminal-law-lawyer-source.com

My friend Arman Taba at Newport Cruisers, he runs the biggest bike rental fleet in all of Newport Beach; he says bikes are getting stolen. As a matter of fact, when I dropped by on Wednesday he told me of two bikes that had been stolen just the night before. He was quite cool about it, which I didn’t understand at first; see it’s his customers who rent the bike – they’re the ones getting ripped off and they have to pay for the loss in lieu of returning the bike to Arman. That’s gotta leave tourists with a bad taste…

License your bike, if you want it back that is. Crime Prevention Specialists Kathy Lowe and Andi Querry make it easy

News of these developments caused me to jump when I saw the story here about NBPD’s free bike licensing. That’s my Breezer in the photo; you can’t see the license because it’s on the bottom bar.

It only takes a minute to record your name, address and the bike serial number; that way, if the bike is ever stolen and recovered it’ll get back to you. Lemme guess, you don’t know your bike’s serial number? Well, you’re not getting it back unless you can show some proof of ownership or you get it licensed, so come to the next free licensing event Aug 24 at the Balboa pier. I like the location; why not pedal over, take the Balboa Is ferry and make a picnic out of it with the kids? – from 10am to 3pm, details here.

My wife was daydreaming… what if there were bike racks with built-in locks? That would be kinda like the Bikeshare I sampled in Boston earlier this week. I’ve seen similar systems in Montreal, Barcelona and Washington DC, but I was never convinced it would work here – now I am.

It’s a simple system: you walk up to a kiosk and swipe your credit card to get a bike. Residents can pay an annual fee and get a USB key to simply unlock a bike and go. In my test ride in Boston I had to swipe the credit card and choose 1- or 3-day rental option, $5 or $20, plus metered time. I got to ride around Boston’s Back Bay for next to nothing!

When I’m traveling I don’t want quiet, idyllic bike paths – I want to play in traffic to see how Boston drivers treat cyclists, and see the local bike infrastructure improvements, so I headed right into the thick of it. What did I discover? First the infrastructure: beautiful green bike lanes on Commonwealth Ave, bike boxes, too.

The Bike Box on Commonwealth Ave - it makes intersections safer for cyclists.

The drivers? Boston drivers have a well-deserved reputation – if you signal to change lanes for example, the driver in the next lane might try to cut you off – but not with cyclists. It was a breeze pedaling around the city with their New Balance Hubway bike and when my test ride was over I simply headed to the kiosk closest to my hotel, lifted the front wheel up just 2 inches into the bike rack and ‘ker-chunk’, it’s returned to its locking bike rack.

Balboa Island, I can picture a Bikeshare in your future…

Keeping Your Cool, Bob Mionske

Posted April 20, 2011 By Frank

listen to BobBob Mionske

Ever wanted to confront that driver who just buzzed you?

How often do you lose your cool while driving a car?
Inconsiderate drivers can make us all a little crazy.

Bob Mionske's Bicycling and the LawNow picture yourself on your bike; that same motorist can be dangerous and annoying. It’s the crux of the bicyclist versus motor vehicle disharmony; that’s where we end up in our discussion.

The longer we talk the better everything sounds, and for more than the obvious reasons. Since the last time we spoke, I’ve added a mirror to my bike; it was advice I couldn’t ignore. Bob’s reply, “I have a puppy in my lap.”

Some how we find a groove, get everything set up right and we’re on the same wave length.

Show #19 (29:26) Listen stream, or Flash player

Bob's new puppy

Bob Mionske, Bicycling and the Law

Posted February 10, 2011 By Frank

Bob Mionske
He’s a former Olympic cyclist turned attorney and author, and I’m surprised, his Bicycling and the Law: Your Rights As A Cyclist is a fun read! Why would I think otherwise?

Read Bob's bookHe covers so many great topics, we could chat for hours. He’s got the stories and the legal interpretations to go with them, like why don’t more states, like Idaho, allow cyclists to roll through stop signs? When can a cyclist legally run a red light? Which states allow earbuds and which don’t?

He’s a fountain of knowledge when it comes to bike law, and not just in Oregon.

Meet Bob Mionske. Maybe like me, you could listen for hours…

Download

P.S. Since we chat, I have added a rear-view mirror to my bike.

Show #12 (42:08) Listen now or subscribe via iTunes

See the comments stream at Corona del Mar Today.
Just one ear, remember!
Remember, just one ear!