Advocacy & Safety - cops threatening tickets days before CM.

So, there is a CM scheduled for this coming Saturday here in Wilmington, NC., this is the second one in as many months. The meet up is at a friend's bookstore and the cops went by there, dropped of bicycle laws and threaten to ticket if they aren't followed. Has this happened to anyone else? Is this normal for them to do? We are making copies of the laws they dropped off to hand out, anything other suggestions?
Thanks.

you don't even want to know how the cops treat CM in new york. it ain't pretty.

Try to 'legalize' your bike and keep escape routes in mind.

i've heard. i am no way comparing this to that, but i just think this is so stupid...

it is stupid. when the brooklyn CM (relatively new) was getting started i would see as many cops as cyclists. they would surround the riders, driving police mopeds in front, back, and side. there would also be busses and vans brought in to anticpate a large amount of arrests. all for a bike ride. i really hope yours doesn't become anything like it is here. just obey the traffic rules and don't give them an excuse to ticket or arrest you. because they'll be watching for that. but all in all, don't let it keep you from enjoying yourself. if you ride smartly you should be fine. good luck!

Well, if you follow the laws, it shouldn't matter what they do or say. So you guys are planning to follow the laws... right?

Koffee

Well, if you follow the laws, it shouldn't matter what they do or say. So you guys are planning to follow the laws... right?

Koffee
That would be a wussy mass ride, not a critical mass ride. You know the cops lay off and allow CM to cork in Chicago, don't you, Koffee? Otherwise, you're not celebrating bicyling, you're just celebrating red lights. Ride daily, celebrate monthly.

If you want to cork the lights, you'll want to get a parade permit.

I've heard that the police in Raleigh watch the CM rides carefully, given the bad reputation that many CM cyclists have attracted to the name, but have done nothing, since the Raleigh CM cyclists behave pretty lawfully, about the same as a typical organized bike club ride.

the one that was held last month went well. not a cop in sight. for the most part we followed the laws and still slowed traffic and without a doubt pissed some drivers off. i can't speak for others. i have no problem with following laws, but the laws that are written are so vague that it's hard to tell if i'm breaking them or not. Anyway, I'm even more stoked on the ride now this is happening.

i have no problem with following laws, but the laws that are written are so vague that it's hard to tell if i'm breaking them or not.

Which laws do you find vague?

Here's a list I compiled of the NC traffic statutes applicable to bicycle use:
http://www.humantransport.org/bicycledriving/library/statecodevehicles.txt

Here's a publication by NCDOT describing traffic cycling, including interpretation of the laws:
(warning - this is a really big file)
http://www.humantransport.org/bicycledriving/streetwise/streetwise.pdf
Text only version:
http://www.humantransport.org/bicycledriving/streetwise/streetwise.txt


Some quotes:

You're the Driver of a Vehicle

And as the driver of a vehicle, you've got some important rights and duties. The most important right is to safely use the roads to get where you're going. The most important duty is to ride cooperatively and obey the laws.
Riding a hike on the road isn't a game. Cyclists who ignore their duties endanger their right - and the rights of others - to use the roads. Some cities have banned bicycles from certain roads for just this reason.

What the Law says: Bicycles are Vehicles
"Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks provided, that for the purposes of this Chapter bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-4.01 (49)


Cyclists must stop at stop signs and red lights.
Just like other drivers, you must stop at stop signs and yield to cross traffic. By the way, "cross traffic" includes any pedestrians crossing the street in the crosswalk.
Red lights also mean stop. And, unless you're turning right, you must wait for the green light. If you find a signal that doesn't change for you, that means it's not responsive to bikes. Contact the local traffic engineers and suggest they install signals that detect bikes. For more information, contact the North Carolina Bicycle Program.

What the Law says:
Stop Signs & Stop Lights
"When a stop sign has been erected or installed at an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right-of-way to vehicles operating on the designated main-traveled or through highway..."
"Vehicles facing a red light from a steady or strobe stoplight shall not enter the intersection while the steady or strobe beam is emitting a red light; provided that, except where prohibited by an appropriate sign, vehicular traffic facing a red light, after coming to a complete stop at the intersection, may enter the intersection to make a right turn but such vehicle shall yield the right-of-way to pedestrians and to other traffic using the intersection..."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-158 (b)(1) and (b)(2).
Keep in mind that ignoring stop signs and red lights leads to about one of every ten car-bike crashes. It's also one of the biggest complaints motorists have against bicyclists.

Cyclists must go with the flow of traffic.
Legally, you must ride on the right with traffic, not against it. There's a lot of confusion about this. Some people believe the law says just the opposite, but pedestrians are the only ones who should travel against traffic (and that's on roads without sidewalks see §20-174(d) of the Motor Vehicle Laws of North Carolina). Riding against traffic has never been legal in the U.S. and - if we're lucky - never will be.

What the Law says:
Which Side of the Road
"Upon all [highways] of sufficient width a vehicle shall be driven upon the right half of the highway..."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-146 (a)
Nationwide, nearly 1/4 of all car/bike crashes are caused by wrong way riders. They believe that it's safer to ride facing traffic because they can "see the cars coming." It's not safer. Motorists don't look for cross traffic on the wrong side of the road.

Cyclists must use lights and reflectors at night.
The law requires at least some sort of headlight and a red rear reflector or taillight. That's not much and you should consider getting more.
In the United States, nearly half of all cycling deaths involve a cyclist riding at night without lights. In the late 1970's, night-time accidents led to only about 30% of the crashes, so the picture is getting worse, not better. Some researchers say only 3% of all cycling happens after dark, proving just how deadly night-time riding is without the proper equipment.

What the Law says: Lights
"Lamps on Bicycles. - Every bicycle shall be equipped with a lighted lamp on the front thereof, visible under normal atmospheric conditions from a distance of at least 300 feet in front of such bicycle, and shall also be equipped with a reflex mirror or lamp on the rear, exhibiting a red light visible under like conditions from a distance of at least 200 feet to the rear of such bicycle, when used at night."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-I29 (e).

Slow moving vehicles must keep to the right side.
If you are going slower than the speed limit, you must ride in the right through lane or as close to the curb as practicable. However, you can move to the left to make a left turn or pass another vehicle going the same direction. What does practicable mean? There is no hard and fast definition.
In one situation, it might mean two feet; in another, eight feet. Just how close "practicable" is depends on the road, the surface, the traffic, the speed of the rider, and other factors. For example, you can ride far enough to the left to avoid a roadside hazard (like a drain grate, a parked car door, right turning cars or debris).

What the Law says: Slow Moving Vehicles
'Upon all highways any vehicle proceeding at less than the legal maximum speed limit
shalI be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in same direction or when preparing for a turn."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-146 (b)

Cars must pass bikes safely.
Motorists must give bicycles enough space when they pass. According to the law, they must allow at least 2 feet of clearance and not move back to the right until it's safe. At the same time, bicyclists being passed can't speed up while being passed. And, if the passing motorist honks a horn, the bicyclist must give way to the right.
On two-lane roads, drivers can't legally pass on the crest of a grade or on a curve where they can't see what's coming for 500 feet; nor can they pass where passing is prohibited by signs or
markings.

What the Law says:
Passing and Being Passed
"(a) The driver of any such vehicle over-taking another vehicle proceeding in the same direction shall pass at least two feet to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle...
"(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the tight in favor of the overtaking vehicle on audible signal and shall not increase the Speed of his vehicle until completely passed by the overtaking vehicle."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-149.


What the Law says: Making Turns
"(a) Right Turns. - Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
"(b) Left Turns. - The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and, after entering the inter-section, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-153

Bikes make turns like any other vehicles.
Bicyclists, like other vehicle drivers, should make turns in predictable ways. To make a right turn, move over towards the right edge and signal. To make a left turn, look back, signal, merge towards the left when safe (into a left turn lane, if one is available) and make your turn. This is the standard method.
You can also, if you like, pull to the curb and make your turn like a pedestrian, walking across each street. Which approach you use depends on how skilled you are, the road and the traffic situation.

What the Law says:
Signalling Turns
"(a) The driver of any vehicle upon a highway or public vehicular area before starting, stopping or turning from a direct line shall first see that such movement can be made in safety...and whenever the operation of any other vehicle may be affected by such movement, shall give a signal as required by this section, plainly visible to the driver of such other vehicle, of the intention to make such movement...
"...Whenever the signal is given the driver shall indicate his intention to start, stop, or turn by extending the hand and arm from and beyond the left side of the vehicle as hereinafter set forth.
"Left turn - hand and arm horizontal, fore-finger pointing.
"Right turn - hand and arm pointed upward.
"Stop - hand and arm pointed downward." Motor Vehicle Laws of North Carolina; 1987 Edition; §20-154.

Cyclists must signal turns with their left hands.
Signalling turns is an important part of sharing the road. It lets others know what you want to do. It's required any time your move could affect another driver.
On the other hand, simply giving a signal doesn't give you the right to turn in front of someone. Your signal is a request, not a demand.
You make a left turn signal by holding your left arm out straight to the side. To signal a right turn, hold out your left arm out with the hand pointed up. To signal a stop, hold your left arm out with the hand pointed down.

Reckless cycling is just as illegal as reckless driving.
If you get a ticket for "reckless driving" while bicycling, you could be in a lot of trouble. While it's a misdemeanor, the penalty is serious: up to 6 months in jail and a fine of $500.00. It's
up to the judge to decide what your sentence will be. Is it worth the thrill of flying down the street, ignoring traffic laws and the rights of others?
At the same time, motorists who endanger bicyclists by harassing and dangerous moves could be cited for reckless driving.

What the Law says: Reckless Driving
"(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.
"(b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving...
"(d) Reckless driving as defined in subsections (a) and (b) is a misdemeanor, punish-able by imprisonment not to exceed six months or a fine not to exceed five hundred dollars, or both a fine and imprisonment."
Motor Vehicle Laws of North Carolina; 1987 Edition; §20-140.

Summary
While there are other traffic laws that affect bicyclists, these are important laws that are most often misunderstood. In this discussion, we have tried to give both the legal language (shown in blue) and a brief explanation of what the laws mean.
If you want to learn more, you can get a current copy of the Motor Vehicle Laws of North Carolina from the N.C. Division of Motor Vehicles for $5.00. It's a hefty volume but will give you all the laws governing the operation of vehicles on North Carolina streets and highways.

Right on, thanks for the info sggoodri. I think what I don't get is this bit of language from the NCDOT site:
There is no law that requires bicyclists to ride single file, nor is there a law that gives cyclists the right to ride two or more abreast. It is important to ride responsibly and courteously, so that cars may pass safely.

Also, the laws (i don't have a copy yet, but they were read it me) are somewhat different for the city, at least I think they are. I'll have a copy tonight.

That would be a wussy mass ride, not a critical mass ride. You know the cops lay off and allow CM to cork in Chicago, don't you, Koffee? Otherwise, you're not celebrating bicyling, you're just celebrating red lights. Ride daily, celebrate monthly.

I don't know what the cops do in Chicago. I don't ride en masse with anyone, especially groups of people who are vague about what the laws are. I don't need to celebrate anything with anyone. If I need to celebrate, I'll go to Dinkel's, get me a cake, bake it, and drink me some champaigne.

Koffee

I'm certainly not going to rehash all the Critical Mass discussion once again in another thread here. All I'm going to say is that there is a time and place for everything. The purpose of a CM ride is not to display how well cyclists obey traffic rules and regulations; on the other hand that does not mean that those same cyclists don't have an obligation to obey the traffic laws at other times, and in my experience most of them do. My cynical side tells me that the more repressive the police behave towards CM rides, the less likely the cyclists subject to that police abuse are going to be to obeying the law at other times. It's only a once a month two hour ride, the police could tolerate and accept CM whether or not a permit is obtained, and it would be much better for community relations all around. Chicago, San Francisco and other cities currently take the enlightened approach, other cities opt for the repressive approach. Which do you think works better???

the cops went by there, dropped of bicycle laws and threaten to ticket if they aren't followed. Has this happened to anyone else?

That's terrible. The cops took steps to make sure that everyone was aware of the law, then warned that they would ticket those that break the laws they just made everyone aware of. The audacity.

eric von zipper

Wilmington has made several significant efforts to make the city more cycle-friendly. During the last couple of months that you've been posting CM info, I haven't seen you say one positive thing about this.

It's too bad that you've chosen to confront the authorities instead of working in concert with them. So much good could have been accomplished.

You will enjoy a few momentary thrills in the name of CM, but cycling as a whole will be the loser.

you make a good point twahl. my reaction was sort of knee jerk and i feel a little stupid about this post now.

suntreader, what are the 'significant efforts'? honestly, i don't know about them. i don't see it as momentary thrills. i see it as demonstrating in a peaceful manner and making people that drive cars aware and draw attention to the fact that there are very few bike lanes and we need more. yes there are some and you right, i should point that out. i plan on following the laws during the CM too but i can't make others.

What's interesting in sggoodri's posting of N.C. cycling laws is the part about a higher percentage of accidents occuring at night now, than in the 70s. While we need to be lighted at night, I've noticed that almost all of the cars now have darkly tinted windows on the back, and tinted windows on the front and sides. This wasn't as prevalent back when the stats were lower at night. I had a tinted windshield put on a Jeep once, and had it replaced less than a month later with a clear glass windshield. Too much loss of night vision.

you make a good point twahl. my reaction was sort of knee jerk and i feel a little stupid about this post now.

suntreader, what are the 'significant efforts'? honestly, i don't know about them. i don't see it as momentary thrills. i see it as demonstrating in a peaceful manner and making people that drive cars aware and draw attention to the fact that there are very few bike lanes and we need more. yes there are some and you right, i should point that out. i plan on following the laws during the CM too but i can't make others.

It seems to me that you could use your enthusiasm more effectively by becoming a part of the civic process. You have several good opportunities, including the Bicycle Advisory Council and Roadshare Solutions, as well as direct contact with city and county council members. If you have some sort of plan in mind, they would be remiss if they chose not to listen.

I have found that direct, respectful engagement with civil and political authorities is a great way to accomplish goals that benefit all people.... especially if you come forward with ideas that will make those entities look good in the eyes of their constituents.

You could begin by celebrating (in a public way) the fact that the city and county have indeed made positive efforts by providing bike lanes on the streets as well as trails in Greenfield Park. After offering that positive reinforcement, you could add that these features have become so popular that there is obviously a need for more. You could even offer an economic incentive by pointing out that a nearby city (Myrtle Beach) is beginning to promote cycling tourism by building city-wide lanes and trails.

On the other hand, if you confront the powers-that-be, flaunt the law as CM'ers often do in other municipalities, and tell the community that it has not done enough for cycling (whatever that means), then you'll raise the ire of the community and will ****** or defeat whatever positive goals you may have in mind.

Thanks for your reply, suntreader. You have given me some good things to think about.

If all they did was give me a ticket I would be amused. But that reckless driving one would not make me happy. I am no lawyer, but seems like you should be careful what you say about the laws you break or a simple running the red could turn into something more servere. I suggest bringing many cheap cameras and mounting them on your handle bars. ALso audio can be of use. If you want to go high tech get a portable scanner.

I do not see breaking laws as necessary part of CM, but if that's what some want to do, I dont care.

I don't know what the cops do in Chicago. I don't ride en masse with anyone, especially groups of people who are vague about what the laws are. I don't need to celebrate anything with anyone. If I need to celebrate, I'll go to Dinkel's, get me a cake, bake it, and drink me some champaigne.

KoffeeThat's my favorite post on bikeforums, ever. Made my day.

CM rides are just stupid.

It seems to me that you could use your enthusiasm more effectively by becoming a part of the civic process. You have several good opportunities, including the Bicycle Advisory Council and Roadshare Solutions, as well as direct contact with city and county council members. If you have some sort of plan in mind, they would be remiss if they chose not to listen.

I have found that direct, respectful engagement with civil and political authorities is a great way to accomplish goals that benefit all people.... especially if you come forward with ideas that will make those entities look good in the eyes of their constituents.

You could begin by celebrating (in a public way) the fact that the city and county have indeed made positive efforts by providing bike lanes on the streets as well as trails in Greenfield Park. After offering that positive reinforcement, you could add that these features have become so popular that there is obviously a need for more. You could even offer an economic incentive by pointing out that a nearby city (Myrtle Beach) is beginning to promote cycling tourism by building city-wide lanes and trails.

On the other hand, if you confront the powers-that-be, flaunt the law as CM'ers often do in other municipalities and tell the community that it has not done enough for cycling (whatever that means), then you'll raise the ire of the community and will ****** or defeat whatever goals you may have in mind.
You can do both. I've been on the City of Portland's Bicycle Advisory Committee for over ten years and I've been riding Critical Mass going on three years. There's no reason the two activities are incompatible. Every city that has a vibrant and active Critical Mass ride generally also has many other cycling amenities that benefit all cyclists, and a large and active cycling community in general. If you ostracize those people that want to organize and participate in Critical Mass you are potentially shutting out a very large and very active portion of the bicycling community. I am truly saddened by all the negative anti-Critical Mass hyperbole and propoganda on Bike Forums.

Look, it's already established that I'm an ******* so I'll just say I do NOT agree with CM's version of trying to win hearts and minds.

In a lot of cities, they have HUGE friday rollerskate "rides" every freakin' friday night! And the cops go along, they think it's great! Places like SFO and Paris. Not once a month, every week! The sk8ers are doing something right. And they've had to fight for the right to sk8 in the street, go look at www.cora.org to see, and see videos of the skates.

You catch a lot more flies with honey than with vinagar, although it might be insulting to flies to compare them to people lol!

Why not be proactive with the cops. Instead of just getting freaked over the pamphlet, have a few leaders (CM has them, even if they're only informal leaders) go to the police station and talk to the cops. Tell them you want to do a lawful ride, and find out what will really tick them off. You might be able to come to an agreement.

This might humanize both sides. The cops will see that there are reasonable human beings on the bikes. The cyclists will see that (most) cops can be reasoned with.

And if the cops rebuff your attempt at a meeting or are rude, follow Koffee's advice--make sure you're perfectly legal, and have someone to bail you out just in case.

Building empathy with the cops through cooperation, not confrontation, is the way to go. Check this out: Police doing the "demonstrating" on bicycles themselves to reduce unsafe and uncooperative motoring. Think they would do this if they didn't have a good relationship with local cyclists?

__________________________________
Bike Traps Coming to a Road Near You

Five Utah police agencies will be participating in a state-sponsored
crackdown on motorists who aren't sharing the roads with bicycles.

(May 16, 2005) --

KSL NEWSRADIO AUDIO BOX

Ben Winslow Reports: Download the MP3
http://real.ksl.com/video/ksl/2/294/29437.mp3

Ben Winslow Reports: Listen to Streaming Audio
http://real.ksl.com/video/ksl/2/294/29438.ram


You've heard of speed traps but have you heard of a bicycle trap?

Five Utah police agencies will be participating in a state-sponsored
crackdown on motorists who aren't sharing the roads with bicycles.

Plainclothes officers will ride bicycles to catch motorists who aren't
sharing the road. Assistant Chief Craig Gibson says it's a growing
safety problem.

“One of these days we think the weather will improve. We expect people
to be out on bikes. We have a lot of construction in Layton right now
and a lot of traffic in general. We want to educate and make people
aware there are bicycles on the road.”

Assistant Layton Police Chief Craig Gibson says what they'll do is put
plainclothes cops on bikes to catch motorists. Cops in cars will then
write the tickets.

“The only way you can do this type of program effectively is to set it
up and have it choreographed.”

On average, the state health department says 900 bicyclists are hit each
year. Four other Utah police departments are participating in the
statewide enforcement program.

Expect the bicycle trap to begin next month.
_________________________________________________

. i see it as demonstrating in a peaceful manner and making people that drive cars aware and draw attention to the fact that there are very few bike lanes and we need more. yes there are some and you right, i should point that out. i plan on following the laws during the CM too but i can't make others.

I'm with you on the making drivers aware part, but to say that CM is about getting more bike lanes, I have to disagree. CM is about making drivers aware that every road on which bikes are allowed is a bike lane. The law says bikes are to be treated as a vehicle. When riding alone, bikes are not respected if they slow down an automobile, but CM puts the power of numbers into the equation. CM is not about breaking laws, but TAKING THE ROAD in a lawfull manner. Taking over intersections to keep the ride together is the most efficient way to conduct the ride from both motorists and cyclist standpoint and the police in SF have learned this and allow the ride to continue in this mode because it is easier for everyone.

As far as slowing down cars, the law says bikes to the right if slower than the PREVAILING TRAFFIC, well if the number of bikes on the road is great enough, then BIKES ARE THE PREVAILING TRAFFIC.

And in most urban areas, slowing down cars is the goal of the community as well, it's called TRAFFIC CALMING.

Pass the word privately telling everyone not to show up. Then, schedule another one publicly for the next month....then, tell everyone privately not to show up.

OR....

Change the location and/or time....privately.

... what I don't get is this bit of language from the NCDOT site:
There is no law that requires bicyclists to ride single file, nor is there a law that gives cyclists the right to ride two or more abreast. It is important to ride responsibly and courteously, so that cars may pass safely.Basically, the DOT is spraying FUD (fear, uncertainity & doubt) in the hope that you'll sacrifice your safety in favor of not delaying (even for a second) Important People (which, in DOT speak, are "cars").

BTW, cyclists and pedestrians are never Important People as far as the DOT is concerned.

Isn't the hassle part of the point?
If not, just call it a club ride and follow road laws and they can't touch you.
Or get a protest permit.

Boulder has a happy thurday ride, bigger than most CM, more visible (happy thoughts) just as crazy, no cop hassles.

Like i said, i thought that was the point.