Advocacy & Safety - My cycling rights are being threatened!

I am a 16 year old high school student. I have been cycling to school and to work just about every school day this year. I would consider myself to be a fairly experienced cyclist. I ride during the dark in the morning so I always use a bright, bright white headlight and a red, blinking tail-light. I always take the lane because I've found, like many of you, that even a couple extra inches to the right means being passed ridiculously close and without cars bothering to slow down. I used to take bike/pedestrian paths for some of my route, but I have abandoned them due to my terrible experiences on them. They are riddled with potholes, gravel, broken glass and are also used by lots of runners and joggers and students and parents going to school. The final straw, however, was that where the road next to the path intersects another road, cars go through without bothering to take even the briefest look. The only time I have ever been hit by a car was when I was on a similar path and a car went across it without looking. It was low-speed and I wasn't hurt (it was back several years ago, before I had any idea what I was doing). Anyway, long story short, I ride on the road, I take the lane, and I obey traffic laws and common sense safety rules.

There are often bus drivers on the route that I travel (since I am going to school). This morning, while I was locking up my bike to the bike rack which is adjacent to the bus parking lot, a bus driver came over and what ensued left me somewhat flabbergasted and extremely irritated.

He asked me my name, and I told him. He said he regularly sees me cycling in the morning. Then he asked if there was any way that I would consider riding on "the sidewalk". I told him no. He asked if I could ride on the far right of the lane to let cars pass faster. I told him no again and carefully explained my reasons for not using the bike/pedestrian paths and my reasons for taking the lane. He was starting to get a little angry, or at least annoyed. He said that his bus sometimes has to wait behind me. He tells me, "I only have three kids on my bus, but they don't want to be going down the street at 15 mph." I tell him that I'm sorry that he has to wait, but I'm not going to jeopardize my safety in order to allow other traffic to go past me faster. He tells me that I am just being selfish. He then brings out this whopper, "The other bus drivers and I are gonna talk to the principal and get him to make you stop riding. And if he doesn't, then we're gonna talk to the town police and have you banned from the road." I replied with a startled, "ExCUSE me?!?" and he said, "I'm just warning you."

I told him, "Go ahead, thanks for coming over to talk to me." I was extremely proud of myself for keeping my cool and being extremely polite and diplomatic!

I know that the Indiana (where I live) Constitution guarantees me the same rights to road use as motor vehicle operators, so I'm not sure how worried I should be about this.

What are your thoughts? Can a person who has not violated any traffic laws or endangered others' safety be "banned" from the road?

No. Call his bluff. Unless the lane is extraordinarily wide, there's no way you want to be sharing it with a school bus.

How much of a real inconvenience are you creating? It's one thing if he has to slow to your speed for 30 seconds, another if it's fifteen miles on a winding road.

Be prepared for him to start harassing you, honking, etc. If he does, document his actions and report him to your principal.

Call his silly bluff. If you have extra dough might invest in a small camera, in case he does start to harass you. That way it won't be your word, 16 year old kid, against his, "adult".

P.S. Congrats on handling so calmly.

Get the upper hand. First, print out the Indiana cycling laws; second, make sure that there are no city laws pertaining to that road that trump it.

With that said, print out what you've found, and then report said bus driver for harassment and encouraging endangerment of cyclists as road users. If there are any local cyclist advocacy groups, see if they can back you on it. Strength in numbers...

-Kurt

Do what all of these guys have said. Especially CudaK. Remember, because you're a kid AND a cyclists you're going to have to work 4 times as hard to ensure your basic rights.

Here, this is Straight from the Indiana Vehicle Code:

IC 9-21-11-2
Roadways; rights and duties
Sec. 2. A person riding a bicycle upon a roadway has all the rights and duties under this article that are applicable to a person who drives a vehicle, except the following:
(1) Special regulations of this article.
(2) Those provisions of this article that by their nature have no application.
As added by P.L.2-1991, SEC.9.

The only regulations are regarding using lights, and helmets. None of them regulate where you can ride and when.

In fact, if you want, you can bring a friend and you can ride side by side.

Lane use restrictions; riding two abreast
Sec. 6. A person riding a bicycle upon a roadway may not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
As added by P.L.2-1991, SEC.9.

I would tell that guy to talk to the Principle, and then tell him to try and get you banned. See if he actually gets farther than his La-Z Boy with that.

hi,
Do your homework find a local bike org maybe they could send an adult with you., talk to the local police , and then go to the Principal before they do, Tell him your rights and tell him what the law is. And he will have no choice except to tell the bus driver to stop harrasing you.
Good job on the self control its the best way to get things fixed to many time one party is right but didn't handle the problem as well as you.
Doug

Get your parents involved. It also doesn't sound like the bus drivers for that school are very "green". If the principal agrees with the bus drivers, then he/she isn't very "green" either. If the local police get involved and try to get you off the road, have your parents go public with it. You're riding your bicycle to school, not riding in a diesel exhaust spewing vehicle like the buses.

Wow, thanks for all the responses. I don't know if I portrayed this bus driver correctly. I in no way fear that he will be violent and I don't really consider his attempting to have me "banned" from the streets as harassment. I was really only worried that there might actually be a chance that I could legally be removed from the road, but from what you people have said I shouldn't worry about that. Thanks again,

Jacob

Also, I'll post updates as this issue is played out.

Your principal can refuse you parking and storage on campus but he can't force you to stop riding. He's not your guardian once school is out. Although I've heard some states have some legal history extending schools some limited guardianship rights, but I think it's mostly related to drugs, crime, and school property.

Is there a different route you can take? Maybe you could offset your time by 5 minutes: That will completely avoid the bus.

I usually ride to the right if it's possible to share the lane. I don't know how your lanes are, but ours are often plenty wide enough to share with a normal sedan: Although over-sized monstrosities (like buses) have to wait.

"ANY" threat directed at you, no matter how trivial you think it is, is violent. It should not be tollerated, by you, or anyone else. He threatened you with action, not only by him, but by his buddy drivers. No telling what else any of them might do.

Do as the other's said, and try to do it all the same day, talking to the Principal, the local Police Chief, and the bus owner. DO NOT BE AFRAID TO NAME NAMES! He tried to bully you, and he should be put on notice, and corrected, before any damage is done to anyone.

Just remember to keep your cool!!!!

Great job at keeping your cool, but not backing down!

While he's full of s***, and probably bluffing about talking to the principal, the other posters have some ideas about how to be proactive.

I wouldn't worry about the silly "talk to the police" threat, but you might want to consider talking to the principal. Your goal is to make yourself look reasonable, responsible, and grown up in front of the principal, so if the bus driver does complain, he will look like an idiot, and the principle will ignore what he has to say.

Basically, tell the principle that you're very focused on being a law abiding and safe cyclist (mention helmet, lights, show him that you have a printout of the vehicle code without going into detail), and that you make every effort to be courteous and let drivers pass, but that this guy is threatening you because you won't ride on the sidewalk (which by the way, is both illegal and dangerous), and you just want to make sure that he's aware of the situation, smile, shake hands.

"ANY" threat directed at you, no matter how trivial you think it is, is violent.

I wouldn't call it violent. A "threat" is just that - a "threat," and should be treated as such. It is an attack of principle against you.

-Kurt

Just Keep Doing what you are doing.
You Rock...

You know, when that bus come up on you, you could just pull over and let him pass. I realize courtesy is something the AnS crowd demands but seldom gives, but it might just pay off for you in the long run.

What an ass.
He can't do anything with the police that's just a bluff.
What I can see however, is if the principal is also an ass, (and corrupt) they might put pressure on your academics, like banning bikes from campus then giving detention for being caught bringing one in...

But let's give the principal the benefit of the doubt, he's probably a decent guy; so go and approach him about the bus driver putting pressure on you.

Might want to point out that the drive is threatening you over a personal dispute that ocurred outside of school grounds and is overstepping his bounds/abusing his authority by speaking to you in that manner and trying to get the school involved.
That's the kind of thing they take very seriously, especially when teachers do it, so a driver should be no different.

First of all, congratulations on your maturity. Most adults wouldn't have handled things as well as you did.

Secondly, as others have said, notify your principal, parents, and police if necessary. Explain things to them the way you explained them here, and they can help ensure you aren't harassed by this driver again.

"The other bus drivers and I are gonna talk to the principal and get him to make you stop riding. And if he doesn't, then we're gonna talk to the town police and have you banned from the road."

If that isn't a violent threat, considering his and his friends willingness to escalate, I don't know what is..... Other than actually telling you he was gonna do you bodily harm.

Any threat to another person is violent, which is why it's called a threat!

Like I said before, it should not be tollerated, and definitely should be reported......

Might want to point out that the drive is threatening you over a personal dispute that ocurred outside of school grounds and is overstepping his bounds/abusing his authority by speaking to you in that manner and trying to get the school involved.
That's the kind of thing they take very seriously, especially when teachers do it, so a driver should be no different.

^
Another excellent point the OP should absolutely remember to include if he finds himself having to defend his position.

-Kurt

I feel I should say this once again: I absolutely do not feel physically threatened by this bus driver or any of the other drivers. I do not think they would ever try to hurt a student. My worry was just the possibility of being prevented from cycling to school.

Wanderer, I don't want you to worry about a school bus running me over. I really do not believe any school bus driver would ever do that. The bus driver never "threatened" me with anything other than talking to the principal and police.

But what will he do when he gets no satisfaction from them?

His threat, however lame, puts him in the wrong job......

He should not be allowed to have the responsibility of the safety of other people's children. He just proved that by his actions toward you.

He should be reported, so it can be resolved. Either through education, or dismissal.

If he gets away with it - it will embolden him to act that way to others. That's what bullies do, and what he did to you.

Don't let it slide, it's serious.......

He tells me, "I only have three kids on my bus, but they don't want to be going down the street at 15 mph."

He should get a smaller bus. It'd be easier to pass you then.

You know, when that bus come up on you, you could just pull over and let him pass. I realize courtesy is something the AnS crowd demands but seldom gives, but it might just pay off for you in the long run.

I'm sort of with dobber, but not really. I would never move over to let a vehicle pass me. I stand my ground at the right tire track and the faster I go the more I move to the left side of the lane. If there is a bike lane shoulder that is clear of debris I'm on that, otherwise on the roadway.

If you are in fact in the middle of the lane and holding up traffic he has a right to be annoyed, especially if he's behind you for more than 5 minutes. Now if it's a 2 lane road with much traffic the other way and the lanes are narrow, by all means take the lane and protect yourself.

Definitely let your principal and the bus driver's boss (private company? local government agency?) know about this driver's behavior. You have a legal right to use the roadway, and you seem to be exercising that right in a responsible manner.

Having said that, I will frequently move over to let a faster vehicle pass if it is safe for me to do so, whether I'm driving my car or riding my bicycle. I don't feel any obligation to do this, and I won't be bullied by other road users, but I'm happy to extend that small courtesy to anyone who appears to want to go faster than I'm going.

I agree with evaluating the situation as Szculdo mentions, but I would also consider you and your parents calling the transportation manager for the district. I had an issue a couple of times with buses from a particular school district passing unsafely. I emailed the transportation manager and received a nice reply that they were equally concerned about safety and acknowledged cyclists' needs and said they have discussions that include watching for bikes. He asked for the specific bus number so he could address the situation. I'd recommend trying the same (this was an Indy area school district). I genuinely felt that they did try to address it.

It sounds like the driver was trying to take advantage of his admittedly very limited position of authority. You gave him your name, but my guess is he did not give you his name. The driver sounds like walking dog excrement. Are you 100% sure that his motivation for interacting with you is related to occasional delays on the road and not that he might be a pedophile and grooming you? First he gives you grief, and then you discover tomorrow he wants to apologize and treat you to a movie! :eek:

... He was starting to get a little angry,You were mature and polite with him, you calmly explained your reasoning to him; yet he began getting angry with you. Now think about how angry he will get when the principle and police will not do his bidding as well. Who do you think he will take that pent up anger out on?

Don't be overly concerned, but watch out for this guy. You may not feel threatened, but guys like this tend to ramp it up.

Since you are getting to school on time, even with locking up; I fail to see how this driver thinks you are causing a problem. Clearly the students on the bus must be arriving no later than you.

"I feel I should say this once again: I absolutely do not feel physically threatened by this bus driver or any of the other drivers. I do not think they would ever try to hurt a student. My worry was just the possibility of being prevented from cycling to school."

Start letting people push you around and walking over you now, they will keep doing it. You showed maturity w/ the bus driver, keep showing by standing up for your rights, It doesn't matter if you felt physicaly threatened, he's trying to use the " kid vs. adult thing " to scare you into submission. If you are not a troublemaker in school, you are not on the road. tons of good advise in this thread ( from other adults who have been there.)

Good job in keeping your cool. Lots of good comments specially, read up on the laws of your state. see what its written about bicycles riding in the sidewalk too... maybe is not permitted in certain areas... Dont escalate the situation with the driver, the fact that he came over to chat with you opened a communication line, might not be the best or you might never use it again but dont close it. Dont lower yourself to his level, lets face it, he is driving a bus not a rocket to the moon. You might find out some policemen and other govt. officials are as ignorant of your rights as the bus driver is..Take the situation and become proactive not reactive... create a riding club in you school, create a ride to school awareness campaign based on a green theme and of course include safety on the road as a subject. There might even be state funds or it!!!! At your stage in life it would create a great base for a great career, specially been accepted in a competitive college!!! Best of luck!! and keep us updated!!!

I was really only worried that there might actually be a chance that I could legally be removed from the road, but from what you people have said I shouldn't worry about that. Thanks again,

Jacob

As others have said, you'll be fine, but for safety's sake, check out the impeding traffic statute in Indiana and make sure that you're living up to what it requires.

I'd be curious to know more details about how your taking the lane plays out when interacting on the road with this bus. Others have mentioned this, and I think it pertinent.

When taking the lane, are you slowing this bus up for 15-30 seconds or for three or four minutes? How wide is the shoulder here? Is it clean, safe, smooth, free of hazardous debris?

Examine your own motives. Are you really taking the lane for your own safety, or just doing it because of beliefs and attitudes developed from having perused this forum (and perhaps others)?

Evaluate the answers you honestly make to the above . . . then, you decide.

I am as aggressive as anyone when it comes to protecting my own safety. OTOH, I think I am more practical than some when it comes to being reasonable on the road. If the area where you encounter this bus has a wide, smooth, clean shoulder, I don't see where any good is served by your maintaining your position in the lane.

Your post includes a thorough indictment of the bike path that you don't use, but there is scant description concerning the configuration of the road you've chosen to use. Is there a shoulder? If so, how wide is it? What is its condition?

How many lanes has this road? Is passing legal at the point where you normally encounter this bus?

Examine these variables and evaluate honestly for yourself whether it's you or the bus driver who is being dogmatic.

If the road features a wide, smooth, clean, safe shoulder, and, if legal passing is not possible at that point on the road, then, I would tend to agree with the bus driver, his apparent lack of style notwithstanding.

On the other hand, if moving to the right for ten seconds isn't an option available to you at that spot in the road, then I would support the position you presently maintain on this issue. Only you can decide.

In my view, sharing the road works both ways. I try to be practical. If I can adjust my line to allow for more efficient flow of all traffic (including me), that is what I do, no matter if the adjustment involves compromising or surrendering my right of way or not. Any other approach, to me, is being dogmatic and piggish.

If you are taking the lane instead of using a wide shoulder, I would consider you either dogmatic, piggish, or both. I don't care what rights the law gives to us cyclists. Cars aren't going to cross onto the shoulder just to buzz you if there is a wide shoulder marked by a painted line - there is (IMO) no justification for tying up traffic to maintain your position in such a situation - even if the traffic code allows you that right.

You haven't provided enough information about the road for me to draw a conclusion specific to your case.

You display ample intelligence and presence of mind by avoiding belligerence with this bus driver, so I have no doubt you can do the analysis I suggest and answer honestly to yourself. Then, decide from there.

Let us know how this works out for you, and congratulations on keeping your cool and offering a well-written post here.

Caruso

When taking the lane, are you slowing this bus up for 15-30 seconds or for three or four minutes? How wide is the shoulder here? Is it clean, safe, smooth, free of hazardous debris?

How on earth could a cyclist hold up a vehicle following behind by even a minute? The only times I see a car or bus stay behind me for that length of time are when we're both stopped at a red light or when I'm riding at the speed of the traffic immediately in front of me.

First let me commend you on your maturity. There are many on this board who would have taken another avenue in handling the situation. Might I suggest as someone also has to involve your parents, and do some homework on the state and local laws. I would also prepare for the possibility of the school trying to ban your parking the bicycle on school grounds. Do some homework on bicycles and the school. In other words be prepared. This may turn out to be nothing and then again it may. The first thing is you handled yourself well in the initial stage, and as a long time biker I thank you for that.

Help Help Help! This situation just got really scary. Today at the end of 1st period I got a note to go to the dean's office. The following is the account I wrote using my notes and memory about an hour and a half after the incident. What is written is exactly how I wrote it earlier today. Everything here is my best recollection of what occurred. D refers to the Dean, M refers to me, McF or F refers to the police officer (who I will not name) and OO refers to the second police officer. Wherever there are asterisks, it refers to at the end when I remembered something and added it in where the asterisk(s) are. At the end, from "Dean throughout" to "from the beginning" I am characterizing the peoples' attitudes, not something they actually said.

End 1st period: I go to the Dean's office
I wait 5-10 minutes.
Dean Miller and I say hello
I sit down

Dean: Are you Jacob?
Me: Yes
D: How do you come to school
M: I ride my bike
D: tell me about your trip.
M:I start at my house-
D interrupts: yes, I know that
M: which is across from the Public Library and I come here.
D: Are there ever incidents?
M: Sometimes. Cars pass too close and fast, cars honk, yell
D: Because you're blocking their way...
M: ::what?:: (I don't say anything)
D: Jacob, we had a complaint, did a bus driver talk to you?
M: Yes.
D: And did you give him the false name Dylan?
M: No...
D: Jacob, look, you just can't be riding on the streets. I've heard complaints; do you usually ride in the center of the lane.
M:Toward the center, usually a little to the side.
D: Right, you're blocking their way.
M: No, they can pass when-
D: You can't ride on the road. You can't block traffic
M: I have right...
(I trail off as D picks up his radio and calls Of. McF.
D: Officer McF, would you come down and explain trafic laws to this young man.
(We wait)
(Two cops in uniform walk in and close the door)
D: Officer McF, this boy rides his bike to school on the road.
McF: You can't do that.
Me:...
F: Riding on the street is danerous, especially in the center of the lane.
M: Actually, the center-
(F interrupts)
F: You can't ride a bike on the road.
D: There's a minum speed limit on 131st.
M: I've never seen a sign posted.
D: There doesn't have to be a sign, the law is that any highway with a speed limit of 35 and up has a minimum limit of halfspeed.
F: Can you ride your bike 35 mph?
M: Under certain conditions..
D: (sharply) No, you can't!
M: Ok...but have done it.
D: Well, but can you do it from 126th to 131st.
M: No.
***
F: Jacob, here's what you need to do. First, you can't ride in the center of the lane.
M: Hold on, I'd like to write some of this down.
(I get out a scrap 1/4 piece of paper and pencil)
(F seems very surprised)
F: Ok, you have to check traffic behind you.
M: Excuse me, did you say I'm not allowed to ride in the center of the lane?
(F explodes, stands up, practically spitting in anger)
F: What do you think you're doing? WRiting things down. You think you're some kind of armchair attorney??
(I don't respond, keep my cool)
(F calms down)(a little)
F: If there are a number of cars behind you, I think it's six, you must pull over and allow them to go past. Impeding traffic is a misdemeanor.
Other Officer: A misdemeanor means it's a crime, not just a ticket. It's worse than speeding
F: That's right, any officer who sees you would be within his rights, even his duty to intercept you.
No officer wants to put a kid in juvenile detention, but they will if they see you out riding on the road.
F: We can't keep you off the road, but if you are breaking laws, you will be stopped.
I've warned the other officers to watch for you.
**
OO: (holding palm-pilot thing) Law 9 21 5 7 says you can't ride on the road
D: Thank you officers, you can go.
(Officers leave)
D: So, why is it that you can't ride on the sidewalk or side of road.
M: It's just not safe because- (D interrupts)
D: Don't talk to me about safety. You're obstructing traffic, you could cause an accident.
*
M:...
D: (holding book) Yes, law 9 21 5 7 does say you can't be riding on roads the way you do.
D: (Quotes from the law) (too fast for me to hear)
M: Could I take a look at that?
D: (snarls) You can look it up at home by yourself.
M: OK...
(tries to redeem himself, shows me website, under title 9)
(Dean then tries to small-talk me about where am I gonna go to college; how do you like work?)
(I give one-syllable responses; I'm trying not to physically shake; I'm shaking inside)
(all through the next 45 min I was physically shivering)
( I leave)

Dean throughout alternated between "I'm you're friend, I want you to be safe" and "You are a violent criminal animal good-for-nothing"
McF was angry and yelly from the beginning
Other cop was "good" cop. Didn't say much.
**McF: You could end up explaining your actions not to us, but to a judge.

*D: I don't want to be called out in the morning because a kid has been hurt or killed.
M: Of course not...
D: I've had to do it before

*** McF: do you remember what I said when I first came in here?
Me:...No.
McF: I said I'd had 3 or 4 complaints about you.

When asking about my morning ride, Dean supplied that I go up 126th past 37, then north on Cumberland, then on 136th; how did he know?

This is the end of what I wrote an hour and a half after it happened. So basically I have been threatened with arrest if I ride my bicycle safely. I was extremely anxious on the way home, afraid I'd be arrested. I took some paths, which means I navigated through and around pedestrians and potholes. Had to go onto the road where the path was under construction. I also had to merge back onto the road the many, many times the path ends for several blocks. I skipped work so I could come home and consult with my mother and you guys on the forums.

I looked up the law that was quoted at me. Here it is:

IC 9-21-5-7
Reduction of speed; impeding normal and reasonable movement; right-of-way to other vehicles
Sec. 7. A person may not drive a motor vehicle at a slow speed that impedes or blocks the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law. A person who is driving at a slow speed so that three (3) or more other vehicles are blocked and cannot pass on the left around the vehicle shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allowing the blocked vehicles to pass.
As added by P.L.2-1991, SEC.9.

Notice it refers to motor vehicles, which a bicycle is definitely not.

Also, about the minimum speed limits, the law is here:

Sec. 8.5. A person may not drive a low speed vehicle on a highway that has a speed limit in excess of thirty-five (35) miles per hour.

Some roads I use are 35 mph, not in excess of 35 mph.

My mother wants to go in and talk to the dean and tell him that I was mistreated and that they should have come talk to her. She said I should take the bus until this is cleared up.

What do you guys think? Were some of my rights violated? Should I contact a bicycle rights group? Apparently none of the laws they think restrict my road use actually apply to me, so I am not worrying so much any more about being arrested. I guess they didn't bother to actually read the laws.

In response to some of your queries, the manner in which I ride is only in the interest of safety. The roads here have no shoulder, or else a shoulder of 2 or 3 inches. Also, most roads are very thin, definitely not wide enough to lane share safely.

I have not yet commented - just reading the thread. At this point I think its time to:

(a) Get a lawyer, and
(b) After consulting with a lawyer, call up local media (be armed with copies of all relevant laws)

This has become harassment.

No. Period. You have as much right as anyone else.

PERIOD.

I'll also add that he thinks you're stupid. Prove him wrong. You got a LOT of great advice so far and they can not stop you from riding to school. Continue keeping your cool and ROCK ON! I applaud you!

+1 on the media thing -
"Tonite on local 2, the story of an ecologically-minded student being told he can't ride his bike to school!"

Oh, and make it the ACLU you call - maybe you can get someone to take it Pro Bono...

And another thing - get a cheap recorder - digital or microcassette. Cassette is cheaper, digitial is smaller. Carry it. Any time this sort of thing happens, you whip it out an hit record. Its amazing how fast people change their tunes or shut up when they are being recorded, and if they don't you have evidence

Now, they are all trying to bully you............... It's disgusting.

I wonder why the cop was so upset when you decided to create a record of the meeting - next time, I'd ask to have it taped!

Yep, I agree with getting the lawyer, but at least you get to name them all in the complaint.........

The cop is WRONG. PERIOD. They are bullying you. There is NO DOUBT in my mind.

Have dad get a lawyer. I agree with Patc. The school AND cops are WRONG.

Get a copy of the bike law and shove it in their face. This is BS IMHO.

Just about the only way you are going to get anywhere with these people is if you file a lawsuit.

You'll need a lawyer and some money. You'll want to carry a digital voice recorder with you from now on. Anytime you are confronted by any of the people involved in your case, you should advise them that they are being recorded, and if they don't like it that they don't have to talk to you, but by talking to you they agree to being recorded. And you should also record that part so that it is admissible in court.

Good luck. And keep on riding just way you always have. Don't let them bully you anymore.


Another important bit of info is this:

No longer talk to the police regarding your issues, even if they bring them into a room with you and the Dean or any other faculty member, even with your parents present.

Watch this youtube video (http://www.youtube.com/watch?v=i8z7NC5sgik) and learn more about how to protect yourself.



Do not discuss with them how you ride, or why you chose to ride in that fashion. That is none of their business and they can use it against you (even if it is true and you have not committed any crime) simply by twisting your words and making up circumstances.

Never talk to the cops. (http://www.youtube.com/watch?v=i8z7NC5sgik)


If you are pulled over, be sure to follow this basic guide. (http://www.youtube.com/watch?v=eDJrQBwJpqk)

JacobJacob, we know where you go to school! Baseball city just south of that thing; my sorta school. If anybody wants to know, the whole area of contention (if I'm not mistaken) is available with street view on Google Maps (http://maps.google.com/maps?f=d&saddr=E+126th+St&daddr=39.978896,-85.99411+to:110th+St%2FKlepfer+School+Rd%2FPromise+Rd&hl=en&geocode=FVbrYQIdRtXf-g%3B%3BFZcIYgId4TDg-g&mra=dpe&mrcr=0&mrsp=1&sz=16&via=1&sll=39.976314,-85.983703&sspn=0.012069,0.027895&ie=UTF8&t=h&z=16)... so you can see what I'm seeing.

To be honest man, and I'm a big advocate of vehicular cycling, those sidewalks don't look too bad to me. 126th to 131st on Cumberland, correct? No driveways, no cross-streets, nothing... and as long as you aren't getting any significant pedestrian traffic (which I've never seen happen in suburbia), I think you could reasonably and safely use those sidewalks as you're not gonna ride on the shoulder on Cumberland (it doesn't have one, you're right... normally I would say "take the lane", but here... sidewalk's not a bad choice). Alternately have you considered running through the subdivisions to cross that block? Keeps you off a busy road, and a route like this (http://maps.google.com/maps?f=d&saddr=E+126th+St&daddr=Tybalt+Dr+to:39.976528,-85.975592+to:110th+St%2FKlepfer+School+Rd%2FPromise+Rd&hl=en&geocode=FVbrYQIdRtXf-g%3BFaH0YQIdh-7f-g%3B%3BFZcIYgId4TDg-g&mra=dpe&mrcr=0&mrsp=2&sz=16&via=1,2&sll=39.975969,-85.983939&sspn=0.012069,0.027895&ie=UTF8&ll=39.976314,-85.983703&spn=0.012069,0.027895&t=h&z=16) wouldn't take much longer at all (and would probably look a little nicer). Part of good cycling is the discretion to choose comparable routes that don't involve arterials.

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I'd take the officer at face value, and although he may not know or understand the law in a manner that would stand up in court, he can arrest you all the same. The judge hopefully would decide that it was a wrongful arrest, but that still sucks something extra. It would be my understanding that you're legally in the right on this, and a lawyer could clarify this... but I don't see that this confrontation is really necessary... and it seems pointless to make yourself a crusader for such a minor cause.

Both solutions I threw out are compromises... riding through the subdivisions will take an extra minute or two, but you can ride as far out as you want and I bet nobody cares. And while sidewalks are usually an atrocious idea, unless there's a problematic amount of foot traffic... it probably isn't a horrific idea when the street has no shoulder and the sidewalk has no cross-streets or driveways. Either should keep Officer McF happy and when you see one of your classmates years from now, they can wonder how you kept the pounds off while they bloated up. Haha!


....
just waiting for A&S to bash me over the head for not taking a strict "take-the-lane" adherency... :innocent:

To be honest man, and I'm a big advocate of vehicular cycling, those sidewalks don't look too bad to me. 126th to 131st on Cumberland, correct? No driveways, no cross-streets, nothing... and as long as you aren't getting any significant pedestrian traffic (which I've never seen happen in suburbia), I think you could reasonably and safely use those sidewalks as you're not gonna ride on the shoulder on Cumberland (it doesn't have one, you're right...


BUT, is it LEGAL to ride on the sidewalks there? In a lot of states it is NOT legal. Except for little kids.

BUT, is it LEGAL to ride on the sidewalks there? In a lot of states it is NOT legal. Except for little kids.

Being as the street looks clearly like a residential arterial, I'm going to assume it's not a "business district".

74.38 RIDING ON SIDEWALKS.
(A) No person shall ride a bicycle upon a sidewalk within a business district.
(B) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(C) No person shall operate a moped or motorized bicycle on any sidewalk or other path designed for the primary use of bicycles.

So yes - sidewalk riding along that street should be perfectly legal, and as there's no driveways and cross-streets, it's probably safer than riding on the street (which is rare, but here it looks to be the case).

I think the route through the subdivisions is a better alternative... but, I figured I'd offer either.

Being as the street looks clearly like a residential arterial, I'm going to assume it's not a "business district".

74.38 RIDING ON SIDEWALKS.
(A) No person shall ride a bicycle upon a sidewalk within a business district.
(B) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(C) No person shall operate a moped or motorized bicycle on any sidewalk or other path designed for the primary use of bicycles.

So yes - sidewalk riding along that street should be perfectly legal, and as there's no driveways and cross-streets, it's probably safer than riding on the street (which is rare, but here it looks to be the case).

I think the route through the subdivisions is a better alternative... but, I figured I'd offer either.



Excellent! Then that IS indeed an option!

Thanks for that!

but a bicyclist is never REQUIRED to ride a bike on a sidewalk.

contact a local bike advocacy group. some adult rider should be willing to show up and talk to your principal. there are also usually bicycling lawyers in every state that should be willing to do a little pro-bono, particularily if it means a potential $$$ lawsuit they think they can win sometime down the pipe.


stand up to the man! the law is on your side.

i think there's got to be a school district legal office or some greater administrative structure that is going to be concerned about violations of student rights....

if you complain, file a written complaint about being harassed illegally, you may get more flak initially, but the entire school district cannot be as ignorant as the adults you have been dealing with so far.

but a bicyclist is never REQUIRED to ride a bike on a sidewalk.

Bek, I agree that there should be an adequate shoulder, bike lanes, or he should be allowed to ride VC out in traffic... those are normally the only safe solutions. In this case, there's little or no ability to pass a VC rider, no shoulder, and no bike lane. And he does run the risk of close passes and being rear-ended.

The sidewalk by contrast doesn't have the normal hazards of driveways, cross-streets, etc... and doesn't seem dangerous and inadvisable like it normally is. I'll state that I clearly believe that in this specific scenario (look at it on street view on the map), between 126th and 131st, riding the sidewalk is both safer than the street and doesn't interfere with traffic. It would be in the cyclist's best interest to ride on the sidewalk. Even though we in A&S, as a norm, advise that sidewalk riding is a bad idea and discourage it, in this case I think it is appropriate and even advisable - it could be the best choice.

Once again, best scenario is the route through the suburbs... it adds less than a 10th of a mile to the total distance traveled (5% extra distance), takes you off busy/fast streets where you're going to have cars try to close pass you, and makes the drivers/dean/cop happy without any significant inconvenience to you. Discretion is the better part of valor.

Saving Hawaii,

Thank you for the suggestion. However, the law you used to support its legality is for the City of Fort Wayne, which is far from where I live. Also, the paths may look just hunky dory from space, but when you ride them you realize they are not well maintained, there are potholes, gravel, glass, cracks, and more pedestrians than you might think. It's like an obstacle course in the dark.

Also, some of you might consider me stubborn or unreasonable, but I don't want to be run off the road, so to speak, by the ignorant school administration and police. I firmly believe that a right not exercised is a right lost.

fordfasterr,

Thanks for the links to those videos. I have watched them in the past and I would say that they are the single most influential factor in my ability to keep calm and not get myself into even more trouble with the police officers.

I would also recommend them to everyone else here.