Cyclists must be ready to defend themselves against harassment by police and government officials who are ignorant of proper bicycle operation. It is not just Boy Scouts who must be prepared. There are two major problems.
This article is intended to provide help for cyclists wrongly prosecuted for what should be legal operation of a bicycle. We do not condone rogue cyclists. A cycling newsgroup recently had a story about a cyclist who was cited after being hit by a car at an intersection. Later in the account, he admitted he had run a stop sign. Motorists usually yielded to him at this intersection so he came to believe he had the "right" to run the stop sign. My advice for this case is "pay the fine and learn your lesson."
Always follow the rules of the road -- ride on the right, obey traffic signals, use lights at night, etc. Carry a summary of state traffic laws with you. If you are from Ohio, you can download, print and laminate in plastic the pdf file Summary of Ohio Traffic Laws for Bicycles. Better yet, carry (in a plastic bag) a copy of Ohio Bicycling Street Smarts. You might find one at your city hall or at a motor vehicle license bureau, or call ODOT at 614-644-7095. Because the booklet was issued by the Ohio Dept. of Public Safety, the methods it describes provide official approval for "vehicular cycling". Learn about bicycle traffic laws for the communities where you regularly ride. Local ordinances are usually available in the public library, typically in a notebook labeled "Codified Ordinances".
Ohio cyclists can find more detailed information about relevant traffic laws in Digest of Ohio Bicycle Traffic Laws.
Consider carrying a copy of the ACLU Bust Card. The ACLU describes the card as follows: To fight police abuse effectively you need to know your rights. There are some things you should do, some things you must do and some things you cannot do. If you are in the middle of a police encounter, you need a handy and quick reference to remind you what your rights and obligations are.
If you get a "warning" beware. You may get a ticket the next time. Recall the Selz case in the companion article Bicycle "Right to the Road" Cases, where the defendant had been warned about making a "vehicular style" left turn from a left turn lane a month before he was cited for "impeding traffic". Take notes of the time, place, officer's name, car number, etc. Write a polite but firm letter to the Police Chief (with copy to the mayor) explaining that either the officer gave unsafe and dangerous instructions and needs training (#1 above) or write to the city government that the ordinance is wrong, dangerous and must be changed (#2). The government may try to ignore you and hope you will go away. Changes like this take time and polite persistence.
Next step is bone up on the law, get a good attorney and expert witness and plan your defense strategy. Be wary of an attorney that does not understand cycling issues. See John Forester's web page on courtroom strategy. Read about other cases, successful or otherwise. If the case involves police judgment, demand records on the officer's training, especially bike training if any. If the police claim to have had training, who was the instructor and what are the instructor's qualifications? You may want to contact the prosecutor. Perhaps a careful explanation coupled with the impression that you are well prepared to fight will convince the prosecutor to drop charges. Gather sources consistent with your cycling methods. "Official" sources are especially useful. See what supporting materials you can get from your state's DOT. Maybe your state's "bicycle coordinator" will help. (If not, what good is the coordinator?)
Some states (including my own Ohio) do not include these exceptions. Still the UVC makes a good example. If you plan to argue against enforcement of this rule, you must document that riding near the curb is improper and dangerous. Get photographs showing the condition of the road or illustrating that the lane is too narrow to share with motor vehicles. See example photos showing roads too narrow for lane-sharing. (A similar illustration is included in the "Introduction to BikeEd" file mentioned above.) See also accounts of actual court cases in Bicycle "Right to the Road" Cases.
Several states, including Pennsylvania, Ohio and Florida have a Bicycle Driver's Manual based on the booklet Bicycling Street Smarts by John Allen. Having this booklet issued by state government is extremely helpful because it acts as regulations that intrepret state law.
Look for any other information from your own state that supports operation of bicycles under the standard "rules of the road". For example, the Ohio "Digest of Motor Vehicle Laws" has a bicycle section that says (11/02 edition, p. 63) "Cyclists can travel in the middle of the lane if they are proceeding at the same speed as the rest of the traffic, or if the lane is too narrow to share safely with a motor vehicle." Finally, the ASHTO Guide for the Development of Bicycle Facilities defines a lane less than 12 feet to be too narrow for sharing between bicycles and motor vehicles. The same guide also warns against sidewalk bike paths. These official sources are likely to be more credible to a judge than even the most expert cyclist.
If there is any hint at trial that you were "in the middle of the lane", you must explain thoroughly the danger of riding too close to the curb. Be prepared! Otherwise, the judge will believe that you were riding dangerously and "blocking traffic". If a safety issue relates in any way to your case, you must insist on being allowed to educate the court about the real bike safety issues.
You may lose in a local court (possibly due to the "support your local police" attitude) and may wish to appeal to a higher court. However, you must establish the basis of an appeal during the initial trial. If you do not mention something there, you may not be allowed a chance later if the first court is a "court of record". If a judge disallows an argument or witness, explain that you are being denied an important part of your defense. Be sure the court record shows that you tried to bring up the issue. Finally, the appeal may cost a few thousand dollars. You may be able to get help from a local advocacy organization such as the Ohio Cyclists' Defense Fund of the Ohio Bicycle Federation.
If you do not make the effort for a competent defense, you are better off to plead guilty or "no contest" and pay a (hopefully) modest fine. If you fight weakly and lose, you set a very bad precedent for the next cyclist. On the other hand, if you do go to court to defend yourself and the police officer does not show up, then you win!
The best long term strategy is to educate our society about cycling issues and reform the laws. This will make harassment by both motorists and police much more rare. Political pressure may also help -- posting your account on a cyclist news group should generate critical emails from around the world. A state or local cycling advocacy group should also help if you were operating correctly.
You must be prepared to address certain issues, even if they are not actually germane to any citation you received. For example, in the Selz Case, the defendant was charged with impeding traffic but the real issue was the officer thought he was riding dangerously (she was not trained or experienced in bicycle operation). In addition, the prosecutor claimed his lane position was illegal under the "far right rule". Technically, since he was not charged with these violations, the defendant should not be expected to defend against any such charges. Realistically, the defense should be prepared with a knowledgable and forceful expert witness.
Some of these issues include:
(1) Expert sources, include two books by John Forester Effective Cycling, MIT Press, 1993 and Bicycle Transportation, MIT Press, 1994. Another great source is John Allen's booklet Bicycling Street Smarts. I also recommend John Franklin's Cyclecraft, primarily for his excellent discussion on lane position. What he calls the "primary position" corresponds to "using the full lane" and the "secondary position" to lane sharing. This properly puts the emphasis on safety. (Because Franklin is British, you will have to interchange the left and right sides of the road.) Other expert sources include the Effective Cycling Instructor's Manual and the BikeEd Instructor Manual
(2) Official and semi-official sources include state traffic laws and brochures from safety agencies. Check your motor vehicle driver's manual for any useful information. The Guidelines for the Development of Bicycle Facilities by the Amer. Assoc. of State Highway Transportation Officials and the Uniform Vehicle Code may prove useful.
(3) The best sources are BOTH "official" and written by cycling experts, such as the state versions of Bicycling Street Smarts, which have been adapted as the bicycle driver's manual in Pennsylvania, Ohio and Florida.
See accounts of court cases in Bicycle "Right to the Road" Cases. The article The Right to Travel by Human Power from the North Carolina Coalition for Bicycle Driving includes several more examples of right to the road legal cases. Another excellent discussion of the "as close as practicable to the right-hand curb" issue is Alan Wachtel's essay, "Bicycles and the Law: The Case of California', http://home.att.net/~jattili/bikelaw.html
There is a new National Police Bicycle Awareness Curriculum, a program being developed through a grant from the National Highway Traffic Safety Administration. For information, contact the Massachusetts Bicycle Coalition.
© Copyright 2002-2007 Fred Oswald and Bicycle Law Reform.
Material may be copied with attribution.
Disclaimer: The author is an engineer, cyclist and "League Cycling
Instructor", but not an attorney.
For comments or questions, contact
fredoswald_AT_yahoo_DOT_com.
Check for updates at http://bikelaws.org/
revised 9 Jul 2007