Mr_H

I could use some assistance and advice. Today while biking home, the same route I've done almost every day for three years. It isn't the widest of roads, so there are points where traffic is held up behind me for short periods of time.



Today, there was traffic held up behind me as cars were coming the other way. That lasted for about 30 seconds (Im guessing on the high end of time). I came up to the intersection (cars got around me), and a Township Parking Enforcement car comes up next to me.

(the conversation is approximate, I might not have them word for word).

Officer: You want to get that thing up on the sidewalk, you're holding up traffic.
Me: I looked behind me, then in front of me. "Sorry?"
Officer: You want to get that up on the sidewalk, you're holding up traffic. Get it up there.

Then he drove past me to the intersection, and turned right. As I went through the intersection (in the road), I could see he stopped, presumably to keep an eye on me). I ducked onto the sidewalk for a brief period, then back out (probably 200 feet or so). He then turned around and pulled up next to me as I was going down the road. At this point he actually stopped the car and I stopped my bike.

Officer: You think I'm kidding when I said get on the sidewlk?
Me: Sir, I read the statute, it states that I'm allowed on the road.
Officer: You're holding up traffic.
Me: *looks back behind us, no cars are there*
Officer: Not now, but you were.
Me: Sir, according to the law, I am traffic.
Officer: You want to get that on the sidewalk?
Me: *pause, look behind to see that cars are coming* Sir, what's your name?
Officer: My name?
Me: Yes, sir.
Officer: Badge 51 is all you need to know.
Me: Thank you, I'll get on the sidewalk for now.

He drove off, I went on the sidewalk for about half a mile til he got out of sight and that was the last I saw of him.

I've ridden this road for 3 years and been passed by numerous cops, and Parking Enforcement officials without any problems. According to my understanding of the Michigan Vehicle Code, I have the right to the road, even if I am a slow vehicle. I try never to do anything to be a jerk, cause I know that'd just make things worse.

I do actually have a video camera on my bike, and it has audio, but it has lots of background noise, so you can barely hear it (I gotta work on editing the video a bit).

Part of me was tempted to ask him to write me up, so that I could have him pick a law I was breaking...but to be perfectly honest, I wasn't feeling brave enough at the moment. Not to mention, I didnt have my bike law card on me for some stupid reason, and I wasn't 100% sure (self doubt probably), that he couldn't find something.

I'm guessing the best I could do now is file a complaint, which probably won't get acted upon. I ride this road everyday, and I know I'll run into this fellow again (there's a shopping mall nearby, so he's got parking laws to enforce).

So...what can I do here? Any advice?

Thanks a bunch

(Edit: Tried to fix the link for the Michigan Vehicle Code. Full, ugly version is:
https://www.legislature.mi.gov/(S(phm...d-toy-vehicles

larue

I would definitely call the station and report this. You are legally allowed to be on the road, just because some cop personally disagrees doesn't mean he can take that right away from you. I keep a pocket version of cyclist related road laws in my wallet to whip out in circumstances such as this. I'd definitely allow myself to get ticketed or arrested if I was doing no wrong, it will go to court and get thrown out and that cop will have to be there and perhaps that's the only way some people will learn. In the long run it would keep the same from happening to others. But that's just me.

turbo2L

File a complaint. Believe it or not, cops DO get evaluated in part on complaints, especially if they have more than 1 for the same thing.

benjdm

In NY state you're not allowed to be on the road, you're required to be. It's illegal to ride on the sidewalk unless you're a kid.

Is Michigan different?

gcottay

Parking enforcement? This person may be guilty of worse than ignorance. Make sure to report him before he gets a real police job.

turbo2L

Good point. I don't think I've ever seen a sworn LEO doing parking enforcement as a primary duty. They write parking tickets, but they don't drive those toy cars, and it's not their primary mission.

Mr_H

I thought so too, but I've been digging for the law text and I can't say 100% certain.
There is a section that states what rules/rights there are for riding on the sidewalk.
I can not find anything about being in trouble for holding up traffic, aside from the traditional '2 abreast' law.

Speedo

Your link didn't work, but this section of the Michigan Vehicle Code seems pretty clear.

Sec. 657.

Each person riding a bicycle, electric personal assistive mobility device, or moped or operating a low-speed vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.

I think you did the right thing by backing down in the moment. The situation could spin out of control. I would get together your documentation and go and make a complaint. You can even be nice and frame it as a point of education for the Parking Enforcement guy.

Speedo

wnl256

Do not do anything to get arrested over this! If you escalate to the point where the cop feels he must arrest you, then any charge for improperly operating a bike will be the least of your worries.

My recommendation: yes you should report it. If you have another confrontation then politely tell the officer that as you understand the law you are not violating the law, and that you have a right to use the road. Make sure you have the pocket bike law card with you. Although even after you explain it to him he still may write you up for something and let the judge worry about what is and isn't legal).

But if he tells you that you must use the sidewalk, then you probably have to comply. Failure to do so could get you a citation for failure to obey a police officer. You must remain courteous and respectful to the officer (even if he doesn't deserve it) to keep the situation from escalating to something more serious. Do not be angry or confrontational. Simply explain your point of view and move on. If he writes you up for a citation then don't get upset. Simply accept it, then take it to court where it will likely get thrown out. But if you give him something else to write you up for (such as disorderly conduct or failure to obey an officer) then you will have a much harder time dealing with the additional charges. Once a cop gets started writing up citations, he looks for everything he can to pin on you. They tend to paint with a broad brush (some would say a bazooka) and let the legal beagles argue the finer points of the law in court.

Speedo

The vehicle code as this to say about impeding traffic:

Sec. 676b.

(1) A person, without authority, shall not block, obstruct, impede, or otherwise interfere with the normal flow of vehicular or pedestrian traffic upon a public street or highway in this state, by means of a barricade, object, or device, or with his or her person. This section shall not apply to persons maintaining, rearranging, or constructing public utility facilities in or adjacent to a street or highway.

(2) A person who violates this section is responsible for a civil infraction.

Bob Minoski has a good article about impeding traffic laws and bicycles here. Pretty much what he says is that as a bicycle, if you are riding at a reasonable speed for a bicycle, then you aren't impeding traffic.

Speedo

DX-MAN

The law in all 50 says bikes have a right to the road. Period. As far as 'getting arrested', I don't see that happening in cases like this. I would just have said, "Gimme the ticket, then. Right now!" That's the evidence against the 'meter maid' -- cuz that's what parking enforcement is! Real cop? Doubt it.

If it costs you time to go to court, look at it as an investment in education -- theirs!

Dchiefransom

Find out whether parking enforcement is a police officer. If not, then file a complaint that one was impersonating a police officer. If his only job is parking enforcement, then he should stick to that. You can also contact your state cycling advocacy group for a better understanding of your laws.

bhop

Is a "Township Parking Enforcement" a real cop?

danarnold

It's probably good advice to be polite and not antagonize the officer, because you can provoke him into filing a false report, lying about your conduct.

As at least one other has said, file a complaint. do it in writing. Blindside the bastard. Do nothing that warns him about what you are going to do. That way, when they get your letter, specific as to time, place and badge number or name of the LEO, his supervisor will see HE filed no report.

Yours will be the only one. Be good to have a lawyer friend and local newspaper reporter friend to cc things to.

The public, both newspapers and gov'mint, want to be seen as promoting bicycle use.

JohnBrooking

Agree with take it up with the police department, whether that's the chief, lieutenant, or whoever. Ask if he agrees with that.

You should also go further and contact your local bicycle advocacy group. They may have a relationship with the department, and a contact from their director might carry more weight than from you. They may also be able to do some education of the department. Get to know them and get involved. Become a member if you are not already.

John E

You should definitely report him, verbally and in writing, in a factual and tactful manner. State the issue and ask that the officer in question be reprimanded and required to read the state vehicle code.

shmily_dana

Maybe you'll get to sit down and have a beer with the officer and President Obama.

mattotoole

I'll second JohnBrooking and John_F.

Contact your local and especially your statewide advocacy org, for advice on what to say and how to say it.

Contact your local police commission (citizen police oversight/steering entity) if you have one.

Then email the chief. Email is good because gov't staff are often required by law to respond, and there's a digital paper trail.

Copy all of the above - keep everyone in the loop. Be respectful, as if you're making a serious effort to work together to solve a problem - which I hope you are. Believe it or not, this gets results!

Mr_H

Thanks everyone for your suggestions. I'm going to go to the township police station tomorrow and ask to file a complaint. I have written up a page and a half 'report' of the incident so it'll help me when I go in.

I've also sent an email to the 3 directors at large for the League of Michigan Bicyclists (my district director's seat is vacant, go figure), asking them for some advice. After I fill out the complaint tomorrow, I'll see about sending a email to the chief.

Maybe I can sucker my brother into helping me write an editorial for the paper. He's much better at words then me :b
Now that made me laugh

Keith99

Out here parking enforcement does not have real police duties. If one was trying to make yuo think he did I'd think the real police would want to know. My only question is did you see his badge and number? If not perhaps also add a description and the location. If he gave a false badge number his superiors will likely be even more interested.

Mr_H

I'm afraid i didn't see a badge number. I saw his badge, but I was too far away to read it. The car was clearly marked Parking Enforcement (the video pretty much shows that, if you cleaned it up you could probably get a license plate number).

nitropowered

Whatever you do, don't get arrested over this regardless if you are right or not. Its not worth your time or money to hire a lawyer to have a case dismissed. You would still have to pay court costs. And who knows, the cop might right in some false accounts saying you provoked him, failed to comply, etc and will screw you in the end.

I'm not saying all cops are bad, because I have many cop friends who are true and honest.

Mr_H

That aint gonna happen...if I got arrested over this I'd have to stay in jail to protect me from my wife wanting to kill me for getting arrested over something stupid

Kurt Erlenbach

Generally, you cannot legally be arrested for refusing to obey an unlawful order. Nothing I have read here provides any reason to think that the officer's order was legal, so refusing it also would have been legal. Nevertheless, you probably did the right thing by backing down. Making a report to the chief, however, is necessary.

larue

The problem is that people are wrongfully arrested and detained all the time. I should know but I won't go into that story.