Bicycles Should Have Right of Way

I had a great time celebrating the election at the Citizens for a Responsive Local Government party tonight: more about that later. Right now I want to share an interesting bicycling related interaction that I had on my way home.

The following story is made all the more interesting because of a conversation about bicycling I had at the Election Party. The person I was listening to had just returned from a visit to Europe, and she told a wonderful story about the friendliness toward bicycles in the area she visited. She told of not riding in a car for the whole duration of her stay. She said that car drivers customarily expressed an attitude and behavior of respect toward bicyclists. It sounded to me like car-drivers made a general point to give bicyclists the right of way.

20091103 Now, what a contrast that is to here in Olympia, where every time I get on my bicycle I feel like I have to fend for my life. And I worry about those cyclists amongst us who are less defensively minded. And I really strongly wish we had a safe environment to ride bikes around here.

After having a delicious cup of Sleeping Universe at SIZIZIS ($1 off tea on Tuesdays...) I stopped by the new City Hall in order to graph some photons (pictured). After that, la-dee-dah, I got on my bike and started riding East on 4th Ave toward home. I was on the left side of the street, and since I turn left off of 4th Avenue, I stayed in the left hand lane the whole way from Cherry Street until my turn-off. One-half block from where I turn off 4th (on Quince) I heard a loud voice behind me saying "Get in the bike lane." So I yelled back, "what am I supposed to do if I am turning left?"

Turns out the loud-voice was that of an Olympia Police Officer.

I was pissed. I mean I could understand it if was a private citizen. Someone just trying to give a guy a hard time - after all people do need ego reinforcement, and our society doesn't provide a whole lot of healthy ways for people to boost their self-esteem. But this was a cop.

So I stopped. I wasn't being pulled over, but I wanted to ask what's the deal, and share a piece of my mind. When the officer pulled up I said, "What am I supposed to do if I am turning left?" The officer said something like, "Well you weren't turning left three blocks ago. There's a bike lane - and it's the law that you have to use it."

So why should I have to change lanes, and cross traffic, just to ride in the bike lane for two blocks before turning left?

I told the officer that I didn't think it was true, and the officer opened the door of the squad car, and halfway started to get out saying, "maybe I should just write you a ticket." I said, yea, maybe you should (because, after all, I would look forward to having my day in court.) The officer said, do you want me to write you a ticket? I said, of course not.

I said that I still didn't believe it - that I thought there is no such law. The officer said that it is the law - and also the officer stated, "I wouldn't lie to you." The officer told me to look it up in the RCW. I didn't say what I thought of that (- a bunch of baloney.) Like I should be expected to go out of my way to look it up! The officer knew nothing of my personal circumstances, or how difficult it might be for me to look up a law like that! If the officer is such an expert, why couldn't the officer pull it up on the handy-dandy tax-payer-funded in-car-laptop-computer - or alternately, call into dispatch to have someone there look it up.

So, it just so happens that I do have the time and the ability to look up the RCW. And so, in almost no time at all, I found this handy-dandy website that has bicycle relevant RCW referenced and laid out plain (reference: Bicycle Alliance of Washington RCW - you can also reference the RCW here: apps.leg.wa.gov/RCW/).

So, thanks to a two-minute search on the Internet, it just so turns out that it is actually perfectly and completely legal for a bicyclist to occupy the left hand lane, while traveling with flow, on a one-way street. There is no requirement for a bicyclist to use the bicycle lane. None. Nada. Zilch. Nadisimo. That's it. Very plain. And simple.

So, either 1) the police officer lied to me. Or 2) the police officer doesn't know bike laws, and the officer likes to act otherwise. Or 3) the police officer likes to make up laws to suit the officer's particular fancy. Or some combination of any of those three. That's all I can deduce. I didn't get the officer's badge number.

What a sad state of affairs.

Maybe I will report this incident. Do you think that is a good idea? Would it be good to report? Would it help? I can find out who the officer was if I decide to file a report. Heck, maybe I should sue for emotional damages. I have a lot of emotional damages over the years relating to treatment by abusive cops. The abuse stretches back for years now. Certainly it goes back to when I started actively protesting this dirty rotten system that we live in.

I believe that nobody should be subjected to abuse by cops, and I believe that we need a way to hold police officers accountable for their behavior.

I sincerely dislike being harassed. Cops shouldn't ever harass people - even when people have done something against the law. But when cops harass people who aren't even breaking the law, then it's an even more serious matter - because a seriously important trust has been broken. Cops are supposed to protect people! Not abuse and harass them!

I sincerely and very deeply dislike being threatened - especially when it's by cops. Tacoma has a Citizens Review Panel. I am not sure if it works very well. But I think that it is time for Olympia to figure out a way to hold members of the police department accountable for harmful and abusive behavior.

I wish that Olympia was a City where everyone could feel comfortable bicycling. I have heard many people comment that they would like to ride a bike - but don't feel safe on the roads. It's a real shame. It is sad that people don't feel safe on bikes around here.

And it's all the more sad, additionally - it's a serious societal problem - when people are made to feel unsafe by police officers. Police officers, after all, are sworn to protect and serve.

I find it really interesting that the officer took the time to say, "I wouldn't lie to you." The officer made this statement twice. There must be something in a police officer's training that leads them to behave as if they are superior to other people. Whatever the reason - I believe lying like this is wrong, and that it is worse when people in positions of power lie, people like cops or politicians.

So in retrospect, maybe I should have said, "yes, I want a ticket." I would like to have seen a ticket for "failure to ride in the bike lane". But who knows, maybe saying yes would have put me in danger. What might have saying yes to wanting a ticket have led to... It might have been interpreted as a challenge to the police officer's power. It might have been interpreted as an insult. And who knows what would have happened then.

Who knows what is going on in the mind of this police officer, what is happening in the personal life of this officer.

Perhaps challenging the authority of this officer would have resulted in my being physically attacked. It's possible. It happens all too often. Police officers are known to commit physical assault against people who stand up for themselves under the threat of police power. So I probably made the right choice. But oh, am I pissed.

So, what do I want? I want an apology. And seeing as this is not an isolated incident (speaking of my own personal experience, this was not the first time I have been harassed by a cop while riding my bicycle,) I want an official written apology from the Olympia Police Department. In fact, I think the OPD owes the whole City an apology - for harassing people - and for acting to create an environment where so many people do not feel safe bicycling.

...People are driving around on the roads like we're in some sort of a war-zone (and thinking about it, well, maybe we are.) — Speeding is the norm, not the exception. It seems like so many people are in a rush - and it's all the time. I think that it's terrible, rotten, and no good. So, please people, slow down. You maybe taking your rate of motion for granted. But please, wake up! And slow down!

And while you're at it, please, why don't you show some respect for cyclists. Share the road, especially you police officers! After all, we're all human!

Comments

quit whining, those of us

quit whining, those of us that have motorized vehicles to assist in transportation and that can exceed say 15mph should not have to sit behind some bike going 2mph for 15 mins
Kyle

Lost in all this is the fact

Berd was riding home Tuesday night. Tuesday nights on that section of 4th Ave are not known for heavy traffic. I really doubt Berd did anything than catch the attention of a bored cop.

Berd,

I would like to invite you to come to the next City of Olympia Bicycle and Pedestrian Advisory Committee meeting and speak during the public commentary period. I think this issue would be of interest to the committee, and could lead to some remedial action.

The next meeting will be on November 18th at 6:15p.m. in the Associate Building Conference Room at 825 Legion Way, SE.

Bike laws & Higher Ground

Sorry you had a bad experience, Berd.

I wanted to add my two cents in: From the Washington State Bicycle Traffic Laws brochure I produced with help from the WA Traffic Safety Commission:

RCW 46.61.770 Riding upon roadways and bicycle paths.

(1) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except as may be appropriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe. A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane if such exists.

2) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

The law specifically has the word "MAY" and not "SHALL" in it. Therefore cyclists are not required to use any provided facilities.

Furthermore,while cyclists are required to travel as far right as is SAFE, they are not required to ride as far right as is POSSIBLE. The two are very different.

Lastly, as mentioned above, on multi-lane one-way streets, a cyclist may ride as far LEFT as is safe.

Regarding what to do about the treatment you received, Berd, I have some thoughts. Unless you taped the conversation, you can't prove that the officer anything in particular. I believe you, but in terms of getting a response from OPD, you probably wouldn't get anywhere. But more importantly, ask yourself what is the best outcome? Is it a flavor of revenge, or is it that all OPD officers truly understand the law and apply it in an unbiased fashion? I think I know you well enough to assume it's the latter (and I admire that about you).

With that said, I suggest a well thought out letter that you can deliver in under three minutes at City Council Public Communication. Council and staff and viewers will be more aware of the law as well as a need for enhancing officer training regarding cyclists' rights. I would be happy to help in drafting that or proofreading it. Thanks for your consideration.

____________________________

- Larry Leveen
____________________________ - Larry Leveen

I'm a little late to the party

but I came across a pretty interesting article today that I think is pertinent.

http://www.slate.com/id/2234011/pagenum/all/ While this article discusses the tension between pedestrian and auto, it relates just as well to bicycle and auto and how cars have come to dominate the roads and all other users have been declared dangerous nuisances. This wasn't always the case. 

"The very word jaywalk is an interesting—and not historically neutral—one. Originally an insult against bumptious "jays" from the country who ineptly gamboled on city sidewalks, it was taken up by a coalition of pro-automobile interests in the 1920s, notes historian Peter D. Norton in his book Fighting Traffic. "Before the American city could be physically reconstructed to accommodate automobiles, its streets had to be socially reconstructed as places where cars belong," he writes. "Until then, streets were regarded as public spaces, where practices that endangered or obstructed others (including pedestrians) were disreputable. Motorists' claim to street space was therefore fragile, subject to restrictions that threatened to negate the advantages of car ownership." And so, where newspapers like the New York Times once condemned the "slaughter of pedestrians" by cars and defended the right to midblock crossings—and where cities like Cincinnati weighed imposing speed "governors" for cars—after a few decades, the focus of attention had shifted from marauding motorists onto the reckless "jaywalker." "

You felt bullied by that

You felt bullied by that Berd? Grow a pair.

My general opinion of

My general opinion of bicyclists in Olympia is fairly poor. Just this morning a bicyclist attempted to pass me in my own lane while (we both were) taking a left turn. Every other (if not every) day i witness some type of bicyclist idiocy.

Maybe...

...we should wait for Berd to pursue this before, oh, I don't know, listening to a one-sided story?

But the general tone of this thread sucks.  Laurian going off all F bomb, again.  What is that, 3 times today?  Where's Sarah and Berd when you need them?

whining?

just pass nicely is all I ask-

-I'll be sure to do the same when I'm behind the wheel

chad360

you sir, are probably correct

you sir, are probably correct

Good idea.

Thanks Rob.

Best Outcome

Larry, thank you for your clear and thoughtful comments. I agree with you about the best outcome, and I am heavily biased in the direction of restorative justice, as opposed to punitive justice. I don't want revenge, and I mean that truly and from the bottom of my heart. What I really want is to educate the OPD and the public about the law, and bicyclists' rights. What I really want is to work toward reconciliation (restoring friendly relations) and healing the relationship between OPD and Bicyclists.

So, I think your suggested approach of a well thought out statement for delivery during City Council Public Communication is probably the best way to go.

I think the best outcome would be to show how the officers' actions affected me. I was really hurt, and aggravated. I just don't want to have to go around in fear of the cops. And I don't want anyone else to. Bicyclists, pedestrians, or anyone who is "different" for any reason.

The best outcome would be to forge a consensus amongst the people of the city in the belief that in the future, no one, bicyclists or anyone else, should ever be subject to harassment.

Due to the fact that I was harassed, (and because this was NOT the first time, and because other people get harassed all the time) I think filing a police report of this incident might very well also be appropriate. I do feel it would be appropriate in this case to ask for an apology, since the police officer 1) abused me, 2) threatened to write me a ticket, and 3) intimidated me with a posture of physical violence, all under the color of law.

I don't think that filing a report would mean that I am seeking revenge in any way. I just want the harassment to stop. And I want the OPD to stop behaving as if they are superior. The OPD has a job to perform, if they can act as servants, rather than as bullies, then Olympia would be a better place.

But you might be right - that it might be better to ignore the serious allegation of misconduct approach, I have filed a report about serious misconduct before - only to find myself feeling more intimidated, bullied, harassed, and distressed as a result. But this is a different situation than that. So I don't know. It's sad that people are made to fear those who are sworn to protect.

I very well may decide to do both, that is, to file a report and provide testimony to the Council regarding the hurtfulness of the police officer's behavior.

I just wish that cops wouldn't act as if they are superior, and that they wouldn't abuse, bully, or harass people.


Fantastic author

Tom Vanderbilt's book Traffic is a great read, all about the psychology and sociology of traffic. His "How We Drive" blog has fascinating tidbits of research, weird news, and musings.

wilson

The cop was being an asshole. Considering we as a society give said asshole a gun and a legal shield to commit homicide you should be concerned about this.

Berd is lying?

I doubt that.

I said that?  No.  I said

I said that?  No.  I said what frankly should have been said from comment one - file the complaint, let the officer respond, and then match up the facts.  That's the only way to be impartial.

Look at the title, "Bicyclists Shoud Have the Right of Way."  Really?  How about we share the road, huh?

I missed something...

The internet is supposed to be impartial? Crap, I've been doing it wrong this whole time.

You got that from my

You got that from my comment?  You say what you want on the Internet.  It's all true.

I'm Sorry

Ehver Green, it seems to me like you feel threatened by my advocacy of bicyclist rights. I am sorry about that.


Not at all.  I support

Not at all.  I support bicyclists and their right to a shared road. 

Is it really so tough?

So the bicyclist giving it their all to get up and down hills pedaling on a bike should be the one to get out of your way? Is it really hard to just wait patiently for a good spot to pass? Does going slowly behind a bicycle cause some kind of painful physical exertion I'm not aware of?

Just relax and give pedestrians and bicycles the right of way like you're supposed to. You and your "accelerator-pedal to speed up / brake-pedal to slow down" car have it a hell of a lot easier than they do!

Having been both a cyclist and a driver... when I'm driving and get behind a bike I always try to remind myself how much easier I have it in the comfortable seat of a motorized vehicle. Thus I remember to give them all the room, time, and respect they deserve. They're the one's really putting their physical all into the process of traveling, after all.

Additional Thanks

Also, thank you for your support on this issue Larry.

BPAC Testimony

Thanks for the invite Rob. I may take you up on your suggestion. The only remedial action that I want is for the police to stop harassing cyclists, and to start enforcing laws in a way that makes it safer for all people; people of all shapes, sizes, colors, hair styles, and abilities to feel safe riding bicycles anywhere, anytime.


Bobby

You're not late, you're on OlyBlog time which is in another dimension.

Thanks for the book review! That whole brief period where horses and motor vehicles shared the road, where the old agricultural days and recognizable modern industrial times co-existed on the streets is a ray in time worth highlighting.

 

Guy with a gun and a badge

bosses you around for no legal reason and threatens to write you a ticket for objecting to his incorrect interpretation of traffic laws. I'd say that qualifies as bullying. I suppose you would have shown him your big pair, or would you have kissed his?

I ride every single day in

I ride every single day in Olympia, I am acutely familiar with what it is like as bicyclist. If the rider is traveling at a substantially slower speed impeding traffic then rider is required to yield. Riders have to follow the same traffic laws as vehicles. More importantly if I am impeding the safe flow of traffic I always move over or change my position on the road, it seems reasonable. That being said the Officer should have chosen his battle or flat ignored it. As far as being bullied....the officer took no enforcement action, did not detain our poor martyr, and from Berd's account it was a one sentence interaction. Yes, there is a time to just grow a pair and move on. Boohoo, the big bad cop told me to use the bike lane. Thanks god we live in a town where folks may think that is a huge issue. Ride to the coffee shop, put on a beret, light up an "Indian Spirit" smoke, grab the composition book, and scribble down a poem about it.

a pair of what?

a pair of what?

Pair of Hemispheres

Maybe Wilson was referring to the dual hemispheres of my brain. ^_^


You know

Anti-bullying Orbs of Stoicism. But you have to use them in pairs or it's like -10 on your saving throw.

What I Want

What I really want is for cops to stop abusing, intimidating, bullying, harassing, and threatening people.

What I want is for cops to start protecting all people equally.

So, dear Mr. "I wouldn't lie to you," I want an apology, for myself, and for all of the people you have bullied, harassed and abused during your time in "service."

I am here because I care.


RCW Stupidity

Some RCW stupidity: it's legal to ride intoxicated, but illegal to ride without one hand on the handlebars.

police

I get the feeling that there was some major shift in police training in the past ten years or so, maybe something to do with the whole concept of "terror" and "homeland security" so that now there's an aggressiveness in their stance. I grew up with the whole idea of the police as my friend and it is not so anymore.

On the other hand, I have a hard time believing that it is legal to ride intoxicated. I'm sure it isn't in Oregon, have a hard time believing it's legal here.

Yep, it's legal

Strange but true, although if a police officer thinks that you are riding in a way that's a danger to yourself or others, they can either offer you a ride home, or take you in to sleep it off.

A cop Lie!?!

Well I never!

You should report this Berd and you have.

Seriously???

So Berd, you are upset that an officer called you out for not using a bike lane that is installed for the SAFETY of bicyclist, really? Did it ever cross your mind that you could use the bike lane up to the point that you needed to turn left and then stop to make sure that you were not in harms way as you proceeded in the direction you needed to go? I mean seriously, put a little thought into it man, you were riding in the street opposite of where a bike lane is intstalled and you should have been called out, no matter if it was a police officer or joe public. >> Once again you are taking an incident way to personally and you are making a mountain out of a molehill. Let it go. Stick to taking great pictures and standing vigil at the peace demonstrations, your work there is much more productive than stirring things up with a cop who might not know the actual bike laws which in my opinion is not that big of a deal.

Seriously, PapaDog?

The officer did not "call him out" - he lied to him. If somebody doesn't know the law, they shouldn't be enforcing it. If bike lanes are not respected, they are not any safer than legally(!) riding in the road. This incident happened to Berd, so of course he's taking it personally - but there are a lot of bikers in this town. When cops get involved, it immediately becomes a community situation. I mean, the community's paying for this interaction.

Report it.

Berd, I often think you're blowing things up bigger than they need to be. Not so in this case. It's absurd that police officers make up laws to threaten people doing things that they do not like. It's absurd that they behave as if they are above the law.

I don't bicycle around town - all of where I go downtown is within walking distance, so a bike would be more headache than help. However, I run into a similar version of this I-get-to-do-it mentality: police officers can and will happily speed through a crosswalk as I am in it, less than one lane away. Yet, they will also write someone a ticket for not stopping at the crosswalk. I could understand their rush if they had sirens and/or lights on, and I would not enter the crosswalk in that circumstance. But if they haven't decided that it's urgent enough for lights, then it's not urgent enough to break traffic laws. I've reported this before and I will report it again. The last time it happened I could have reached out and touched the car. The officer called me and apologized. There's no reason you should not get an apology in this case as well. It's legal for you to participate in the flow of traffic, it's safer than moving into and out of the bike lane and it's the sensible thing to do.

get 'em on bikes

My moment was watching cops ride all over the grass at Sylvester Park during a community event (which is a no-no).

<but>

I think the way-to-go would be encourage OPD to put more cops on bikes, then they could feel the love "firsthand".

chad360

The RCW says:

"A person operating a bicycle upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe.

If you were tooling up 4th in the middle of the left lane and moving slower than traffic, you were probably not complying with trafic laws.  The cop, on the otherhand, was wrong about the bike lane requirement. You should send the Department a friendly email notifying them of this lapse in knowldedge and training. 

I wonder though,

does the presence of a bike lane change that? The law doesn't seem to spell that out. This could be something a bike advocate would want to get clarified in the law.

You must really love riding your bike

You seem to have all kinds of issues with bike riding and people abusing you or not being aware of you, but you still seem to ride. You must really enjoy your bike.

There's another thing...

Also, you know, transportation. And, I mean, I have all kinds of issues with my gender and people abusing me or not being aware of me, but I still identify as myself.

Oh I think it's a transportation thing as well

He just seems to have problems with it. I feel bad for the guy, and for bicyclists out there. I have some empathy on the subject because of my motorcycle riding. A few common problems, but different animals in the end.

Read this book!

Seriously, I can't recommend this highly enough, even if you just check it out of the library and skim: Bicycling and the Law. Covers all the biggies: where you can and can't ride, helmet laws, BUI, etc. For most things he even goes into some detail about the differences from state to state. (Ie, biking while drunk, riding on the sidewalk, riding w/out helmet? All totally legal in most parts of WA. Not recommended, necessarily, but legal. OTOH, you are required to use a headlight when riding at night.)

He also offers some specific advice about how to handle police who are clueless about bicycling law, which apparently is many/most of them.

And IIRC, in the forward Lance Armstrong writes about being buzzed/forced off the road by jerks in a big truck in Texas. Crazy.

in general

Hey E!

The best thing we can do is not treat each other as a generalization...

...we are all individuals, so let's treat each other with respect and drop the stereotypical generalizations that polarize folk.

That said, please read the book ya'all =).

chad360

you are probably right....

Generalization is, generally (!), a bad thing. My bad. I just have a recollection of some actual studies from the book about low levels of law enforcement awareness of bicycling law. I may be just remembering badly, tho.