Angio Graham

Is there some law in this jurisdiction that I am not aware of ?

dynodonn 

Looking at where the cyclist stopped in the second video, the white line effectively turns in, and I'm amazed that the LEOs tell the cyclist that cycling in the lane is more dangerous. At the speed that the cyclist was traveling at, cycling in the breakdown lane or on the sidewalk would be more of a risk to garner a collision with vehicles crossing, pulling out, or turning into the cyclist's path. This is what happens when a group of non cyclists put on a badge and uniform.


One can hear in the beginning of the second video, the cyclist's slight groan at the sight of the patrol cruiser.

Angio Graham

4 cop cars, 4 cops and not a single one of them can cite a code or statute. Cop tells cyclist he cant film a public servant in a public place.

GP

I think they're in Kansas or Missouri.

Kansas 8-1590 or Missouri 307.190

Angio Graham

I'm pretty sure they are in New York or Massachusets

GamblerGORD53

Get the headline right. IGNORANT Cyclist too STUPID to use a perfectly smooth lane 5 feet wide.
Sorry the lane isn't 14 feet wide pal. Hahahahahahaha What nonsense.

Matariki

Three lanes of traffic in both directions? I'd avoid this route unless absolutely necessary. I didn't see much problem with riding on the right side of the line; however the video didn't really point out the specifics of why the rider thought it was extremely dangerous, perhaps it was but I wonder why the rider didn't see fit to describe the details.

I did like the font they used on the Police cars - very stylish.

Metal Man

Smooth and clear of debris? What makes you say that? Riding on the shoulder there looks like a perfect way to get right hooked.

GamblerGORD53

Oh BOOO HOOO.
The only way to not get right hookded is to STAY HOME.
I knew somebody would say that.

Chris516

In the second video, who is the guy in the brown jacket? Is he a member of the department? I went on Google, then the department's website, and I couldn't find the guy.

They are in Massachusetts.

According to the MGL(Mass. Gen. Laws) website: https://www.malegislature.gov/Laws/Ge...er90/Section1B

Section 1B. A motorized bicycle shall not be operated upon any way, as defined in section one within the commonwealth by any person under sixteen years of age, nor at a speed in excess of twenty-five miles per hour. A motorized bicycle shall not be operated on any way by any person not possessing a valid driver’s license or learner’s permit. Every person operating a motorized bicycle upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and (2) the motorized bicycle operator shall signal by either hand his intention to stop or turn. Motorized bicycles may be operated on bicycle lanes adjacent to the various ways, but shall be excluded from off-street recreational bicycle paths.

Every person operating a motorized bicycle or riding as a passenger on a motorized bicycle shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorized bicycle shall permit any other person to ride a passenger on such motorized bicycle unless such passenger is wearing such protective headgear.

A person convicted of a violation of this section shall be punished by a fine of not more than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars for a second offense, and not less than fifty nor more than one hundred dollars for subsequent offenses committed.

A person can't be in violation of the above, unless they have a motor on their bike. Because 'motorized bicycle' is the only term used, never 'bicycle'.

The only time 'bicycle' is used in the language is in the selling, never the operation of, bicycles.

https://www.malegislature.gov/Laws/Ge...er90/Section1D

Section 1D. Any person who is engaged in the business of buying or selling bicycles or motorized bicycles shall, upon the sale of such motorized bicycle, affix a sticker or plate which shall bear a distinctive number, as prescribed by the registrar, to said bicycle upon a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said fee shall be forwarded to the registry of motor vehicles by such person. Said sticker shall be renewed biannually in the manner prescribed by the registrar.

CB HI

And I knew someone would side with these stupid cops.

dynodonn 

Chris, I didn't hear any sound of an engine on the cyclist's bike, so I don't thing this applies in the cyclist's case. Correct me if I'm wrong.

CB HI

Did some not watch the full video and note that the forth cop, the sargent, had to educate the first three dumb cops that the cyclist was riding legally?

Chris516

You are right about there being no engine on the bike. There wasn't an engine on the cyclist's bike. I was pointing out the stupidity in the MGL bike codes. Especially the part in Section 1B saying a bike can't go over 25mph.

sudo bike

You can clearly see it isn't like that continually. Right where they were pulled over it dead ends as it turns right into a driveway. I get that sometimes right hook danger can be overstated, but this really does look like a pretty legitimate concern here. A breakdown lane that cuts off after a long high-speed straightaway is asking for trouble.

iforgotmename

While riding legally I would avoid that road.

I personally would ride on the shoulder due to the truck traffic and high rate of speed. If that line did not terminate at crossings it would be a bike lane here in OH.


BTW I am a firm believer in taking the lane.

Chris516

The 'high rate of speed', is subjective pursuant to personal visual perception of the speed, general vehicular behavior, and posted speed limit. Also if there are any 'traffic control devices'.

I agree with you about 'taking the lane'.

buzzman

The law you are quoting is not applicable to bicycles. It is applicable to motorized bicycles in order to distinguish them from motorcycles.

Arguing about this video using the law you cite makes NO SENSE in the context of this traffic stop.

For information on Massachusetts Laws that pertain to bicycles go to massbike.org


With regards the video the cyclist was well within his rights (in Massachusetts) to ride in the lane on this road. And may, indeed be safer in the lane than on the side. Massachusetts law has also been tested with regards videotaping police officers on duty and it is also in cyclist's favor. Eli is well within his rights throughout the video and did well to stand his ground.

However, if it is the road I think it is, it is one I avoid and never recommend. I bike across the state of Massachusetts with some regularity and do lots of extra miles and climb many more hills to circumvent this stretch. The shoulder is dangerous because of the high traffic volume and the number of intersections and parking lot/driveway entrances. The traffic travels at high speeds, has tons of distracted aggressive drivers and the chances of an accident on this road whether in an automobile or on a bike is quite high. But maybe there was no other alternative for Ei to reach his destination on his chosen method of conveyance.

The police were rightfully concerned about the cyclist's safety but the fact is that there are some roads that barely provide safe accommodations for the thousands of automobiles that use them daily and for the occasional bicyclist that ventures out on a road like this you're pretty much on your own. And the law is on the side of the cyclist's freedom of choice to take that risk.

If the cyclist in the OP's video feels confident and safe riding on that road in the manner demonstrated more power to him. This video is an excellent demonstration of how woefully ignorant cops are of the law and how they attempt to use their authority to overcome their ignorance. I say,"Bravo!" To Eli. But would caution him on the riding of that road and to pick his battles carefully

Bekologist

Meh. more like obstreperous cyclist. The videographer is well known in the 'bicycle rights' movement, duped into fighting a contra battle against cyclists safe and defensive use of the roads.

cyclists are never alleviated of their duty to operate with a duty of care to the rest of the road users. do not let your riding step over the line into disregard for others expectations of fair use of the road.

This is an other example of the 'bicycle rights' movement and it's obtuse, perilous, perpetual attempt to set up a test case s that will fail against cyclists. Just like Chipseal tried and failed abjectly at, down in Texas.

Bicyclists being overtaken by faster traffic in the commonwealth are not alleviated of their duty to safely give way to the right upon being overtaken. Ch 85 section 11 of the vehicle code of the commonwealth of massachusetts is explicit about this duty of bicyclists. do not unduly obstruct, give way to the right duties outlined in ch 89 section 2.

A word of caution to those convinced this cannot get ruled against the cyclist just needs to look at the woeful tale of chipseal.

like buzzman cautions, the videographer needs to choose his battles carefully.

This type of mock battle could easily backfire in the commonwealth, and work against cyclists in the long run.

Cease and desist, E.D.


Take the lane when necessary for reasonable safety reasons, but do not unecessarily delay traffic wishing to overtake. this is a duty of cyclists riding in the commonwealth of Massachusetts.

dynodonn 

Upon the mentioning of ChipSeal, here's an excerpt from a blog that better explains a cyclist's plight in taking the lane:

"Correcting the cultural problem"

"Ultimately, these incidents are a manifestation of the bigger problem — what Steve Goodridge describes in America’s Taboo against Bicycle Driving. The problem must be tackled from a number of directions. We are working very hard to build a mutually-beneficial relationship with law enforcement and to create a program that will give them knowledge of the laws and help them understand how we protect ourselves on the road. But law enforcement officers are a part of our general culture. They’re people. They’re just as influenced as anyone else by the biases of the society in which they live."

"The fundamental rule of the road is First Come, First Served. The distorted rule of the culture of speed is All Life Yields to Faster Traffic. When the roads are governed by FCFS, pedestrians and bicycle drivers are people using public roads. When governed by the culture of speed, they are merely objects in the way."

"As has been noted here before, the culture of speed causes some police to enforce traffic flow vs safety. Worse, they often don’t even realize that their concepts of protecting safety are stealthy manifestations of traffic flow management (i.e. the notion that speed differentials and lane changes cause safety problems resulting from the presence of a slow vehicle rather than the incompetent or aggressive behavior of faster drivers)."

https://commuteorlando.com/wordpress/...maginary-laws/

buzzman

Bek, While I agree with the gist of your post I am not certain you are quoting ( or interpreting/applying?) Mass Gen'l law accurately. I believe that the law to which you refer was amended in 2008 and those provisions removed.

As a Massachusetts rider I'd like to see the provision you specifically are referring to as I am not finding such a provision in the current Mass. Gen'l. Laws

https://www.malegislature.gov/Laws/Ge...eXIV/Chapter85


For example below is the current version of Chapt 89 sec. 2:

Please note the section I highlighted in bold in the law. Is that what you are referring to? If so, I hate to say it but it is NOT pertinent to Mr. Damon's video. Actually the next sentence regarding the responsibilities of the passing vehicle are more pertinent. The road he is on is Multi-laned and the traffic was able to move into another passing lane in order to pass him. In fact, several cars did so while he was taping. He was NOT technically obstructing traffic.

I am making these distinctions not in defense of Mr. Damon's actions but in reference to his rights as a cyclist on Massachusetts roads. Whether Mr. Damon does any of us a service is certainly disputable. But he is within his rights- the argument to make here is really not a legal one but one of commonsense and appropriate forms of advocacy.

Bekologist

not sure you missed the reference to not unduly obstruct

If a rider fails to meet the entirety of their duties under the law, they are not 'within their rights'. riding without regard to not unduly delay could rise to the level of reckless disregard for others' expected fair use of the roadway, as similar circumstances that led to chipseals legal failure to prove similar 'rights' like those speciously claimed by the videographer.

Bekologist

not sure you missed the reference to not unduly obstruct, or the reference to cyclists duties.....

you don't read this in the current mass rules of the road?


https://www.malegislature.gov/Laws/Ge...r85/Section11b
"Nothing in this clause shall relieve a bicyclist of the duty to facilitate overtaking as required by section 2 of chapter 89. "

A bicyclist has a clear duty to facilitate overtaking in massacusetts that long predates statutory traffic law as a common law governing public use of the roadways.

If a rider fails to meet the entirety of their duties under the law, they are not 'within their rights'. riding without regard to not unduly delay could rise to the level of reckless disregard for others' expected fair use of the roadway, as similar circumstances that led to chipseals legal failure to prove similar 'rights' like those speciously claimed by the videographer.

the language directing cylists to safely and considerately share the road with faster traffic is firmly emplaced in the traffic laws of the commonwealth of Massachusetts. do not unduly delay, facilitate overtaking, give way to the right....

How much more explicit do traffic statutes regulating the historical and commonsense application of fundamental rules of the road have to be for the bicycle drivers "got to be in the LANE" obstreperousness club to come to grips about their false, contrived constructs about 'cyclists rights'? The clear intent of the laws are crystalline.



the laws of the commonwealth do not protect that behavior if adherence is lacking to the rest of cyclists duties written into the traffic code.

buzzman

This is where cyclists like Mr. Damon do not serve cyclists as a group because we end up splitting hairs over the law and how we interpret it. And cyclists who might otherwise be on the same side suddenly end up in dispute. But the fact of the matter is he is NOT breaking Massachusetts law in that video. The cops ultimately knew it, I know it but you are disputing that and that is where we disagree.

Again, for me, the law in this case is on Mr. Damon's side but being reasonable and sensible may not be.

As for me:

#1 I would have moved right on that section of that road either to the right of the white line or close to it. Or, if possible, chosen a better route for cycling.

#2 I would not have argued with the cop. I would have complied with his order and if I wanted to take the time i would take it up with a superior under less stressful circumstances.

# 3 this looks very much like Route 20 in West Springfiled. The road gets better in about 10 miles when travelling west but "better" is debatable, more rural, less traffic but smoother and with a more rideable shoulder. But the road upon which Mr. Damon is traveling is inconsistent in the amount of space offered on the shoulder especially in the section he is on and from West Soringfield east. It is a challenging road that requires the cyclist to move in and out of the shoulder frequently if that is where they choose to ride. The constant adjustment is frustrating and possibly dangerous.

I mean, I personally, don't see the sense of getting out on my bike with a camera on a road that poorly accommodates cyclists and push the interpretation of the law as it pertains to cyclists and take issue with ill-informed law enforcement officers. Just doesn't float my boat. If Mr. Damon wants to be the cycling equivalent of Patrick Henry shouting, "Give me liberty or give me death!" in order to point out the inequities of transportation infrastructure, well, good for him. But I doubt he does any of us any favors by so doing.


Sorry to disagree, Bek. but I really don't see where be broke the law as it currently exists in Massachusetts as there is no evidence in the video of him obstructing traffic. they have a lane to pass him and, if it is Route 20, a little further down the road there is no shoulder for him to move to and he would have no choice but to either hug the edge of the road or move into the lane where he was in the video.

atbman

I'm somewhat baffled by the criticism of Mr. Damon. The cop ordered him to ride in the "breakdown lane" and get off the road.
Since Ch. 85 Section 11B states: "Every person operating a bicycle upon a way, as defined in section one of chapter ninety, shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the special regulations contained in this section", the officer was, frankly talking absolute cobblers when he said that the road was solely for the use of motor vehicles. In spite, by the way, of his proud boast that he'd been a cop for 35 years.

That being the case, how can Mr. Damon, in asserting his right to behave in accordance with the law, be causing trouble for other riders, Bekologist?

As for the cop's ignorance, perhaps he should be put through: Section 116E "Development and establishment of course in bicycle safety enforcement of the Mass. traffic regulations"

Wikipedia defines the highway as: "Roadway. That portion of a highway between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be used for vehicular traffic.

Mass. law states: "Ch89 S4B When the right lane has been constructed or designated for purposes other than ordinary travel, a driver shall drive his vehicle in the lane adjacent to the right lane...".
Since under both the Federal Uniform Vehicle Code and Mass. state regulations, the cyclist has all the rights of a motor vehicle user, except where expressed otherwise, the officer was entirely wrong to tell him to ride in the breakdown lane, which is expressly for the use of vehicles which have broken down. Breakdown lanes are particularly dangerous since drivers may well have to drive into them in an emergency. The video shows the breakdown lane delineated by a solid white line, which, as I understand it, differentiates that area from the highway/roadway.

The officer's argument that drivers, upon seeing a cyclist, might not be able to see what other traffic is doing seems to demonstrate that such drivers ought to be immediately arrested and charged with being incapable of controlling their vehicle , bearing in mind that Ch 90, S14 states that "In approaching or passing a person on a bicycle the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable and proper speed."

In short, both cops showed enormous ignorance of the laws of their own state and a bizarre fixation on the rights of drivers andtheir apparent incapacity to share the road