Advocacy & Safety - uninformed cop

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I had a run in with a motorist today in St Clair County Michigan. The motorist wanted to fight, I elected to call the police instead. After hearing both sides the officer told me I should be riding on the shoulder of the road. I respectfully informed him that this was counter to the law. I also pointed to the sign about 100 feet away that says " share the road" not the shoulder. He then said the motorist said I was impeding the flow of traffic. To which I responded that the statute doesnt apply to bicycles because we are travelling at a speed that is not unreasonable for a bicycle.
So now I need the proper Law stipulation to site when I call their dept. on monday. For the life of me I can only remember it had something to do with a Combine/tractor. Anyone know what it is?
Bekologist
05-23-10, 07:19 AM
257 660 applies to bicycles, it seems.
i don't know if there is a smv law that uses the phrase 'less than normal speed of traffic' in michigan,
but you certainly are not expected to travel faster than you are physically capable of travelling to meet a statutory requirement for a bicycle.
dperreno
05-23-10, 07:21 AM
This is a good resource:
http://www.lmb.org/index.php/Education-Toolkit/michigan-vehicle-code-pertaining-to-bicyclists.html
Here's a link to the code:
http://www.michigan.gov/msp/0,1607,7-123--15967--,00.html
and here's the specific sections relating to Bicycles:
http://www.legislature.mi.gov/(S(yams2x451kvukj45kvitddyn))/mileg.aspx?page=getObject&objectName=mcl-300-1949-VI-OPERATION-OF-BICYCLES-MOTORCYCLES-AND-TOY-VEHICLES
rumrunn6
05-23-10, 07:55 AM
in Massachusetts cops have to attend bicycle law training. this is new and should help us in general
good luck
thank you for all the bicycle law, that will be helpful. The other thing I need is this legal presedent that was set that removes us from this impeding argument. It has been on here in the past. And I really want to be able to tell their Capt. where to look and to read him the stipulation as it applies to cyclists.
I find it strange that someone who is paid to uphold the law doesn't know what he is being paid to uphold.
ItsJustMe
05-23-10, 08:08 AM
The legal precedent you are looking for is Trotwood v Selz
First Google hit:
http://www.cincinnaticycleclub.org/education/law/trotwoodvselz/
From the article:
On October 20, 2000, the Court of Appeals released its decision - a victory for Steven Selz. The court found a case in Georgia involving a slow moving farm combine. In that case, the Georgia court found that operator of a slow moving vehicle, which was traveling at or near its top speed, could not be convicted of “impeding traffic” under a similar law. The Court of Appeals compared the Georgia case to this one and stated?
“In either case, holding the operator to have violated the slow speed statute would be tantamount to excluding operators of these vehicles from the public roadways, something that each legislative authority, respectively, has not clearly expressed an intention to do.”
dperreno
05-23-10, 08:55 AM
The legal precedent you are looking for is Trotwood v Selz
First Google hit:
http://www.cincinnaticycleclub.org/education/law/trotwoodvselz/
From the article:
On October 20, 2000, the Court of Appeals released its decision - a victory for Steven Selz. The court found a case in Georgia involving a slow moving farm combine. In that case, the Georgia court found that operator of a slow moving vehicle, which was traveling at or near its top speed, could not be convicted of “impeding traffic” under a similar law. The Court of Appeals compared the Georgia case to this one and stated?
“In either case, holding the operator to have violated the slow speed statute would be tantamount to excluding operators of these vehicles from the public roadways, something that each legislative authority, respectively, has not clearly expressed an intention to do.”
Unfortunately, that precedent only applies in Ohio.
Were you riding in the middle of the lane or to the right? Single or multi-lane road?
Unfortunately, that precedent only applies in Ohio.Did you notice how the Ohio appeals court used a Georgia case in it's decision? So, maybe Trotwood v Selz can have a greater impact than just Ohio and the OP would do well to forward the case to his police for info.
Did you notice how the Ohio appeals court used a Georgia case in it's decision? So, maybe Trotwood v Selz can have a greater impact than just Ohio and the OP would do well to forward the case to his police for info.
Thats the plan. on top of it also Mi. law for impeding specificly states motor vehicle, the law is also very specific that I am not a vehicle.
Standalone
05-24-10, 07:59 PM
similar happened to me, only the driver intentionally ran into me and hit me in the knee after a close pass on an angled RR xing.
someone called the cops for me.
cop threatened to charge me with disturbing the peace.
I carry relevant bike laws with me in my messenger bag now.
UnsafeAlpine
05-24-10, 08:05 PM
What suburb are you in? I commute from Rochester Hills to Auburn Hills and had a run in with a cop. I found that 257.660a to be a pretty handy statute. I don't know if it would have applied in your situation, though.
Digital_Cowboy
05-24-10, 09:14 PM
similar happened to me, only the driver intentionally ran into me and hit me in the knee after a close pass on an angled RR xing.
someone called the cops for me.
cop threatened to charge me with disturbing the peace.
I carry relevant bike laws with me in my messenger bag now.
Uh, how were you the victim of assault and battery disturbing the peace?
Digital_Cowboy
05-24-10, 09:15 PM
What suburb are you in? I commute from Rochester Hills to Auburn Hills and had a run in with a cop. I found that 257.660a to be a pretty handy statute. I don't know if it would have applied in your situation, though.
I carry a copy of the Florida Street Smart pamphlet in my pannier bag. Sadly I didn't have a couple of years ago when I was stopped by an off-duty traffic homicide cop.
Yeah, I am going to stat carrying a copy of the law with me, It probably wont help but you do what you can. I am also contemplating getting ahold of thier C.O. and having a discusion with him. Again, probably wont do any good, but I wont feel right about it until I do.
What suburb are you in? I commute from Rochester Hills to Auburn Hills and had a run in with a cop. I found that 257.660a to be a pretty handy statute. I don't know if it would have applied in your situation, though.
I live in Clinton twp. But on this occasion I was up in Algonac riding with my brother. We went out on harsens Island for a good piece of the ride. Then this happened just on the mile or two from the ferry to his house.
SCROUDS
05-26-10, 10:23 PM
Uh, how were you the victim of assault and battery disturbing the peace?
You forgot the part about a deadly weapon. Assault and battery with a deadly weapon.
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