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From this mornings commute

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Old 04-24-08, 06:50 AM
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From this mornings commute

This morning right before I get to work I was heckled by a police office who was tasked with directing traffic (Actual full fledged police officer, not a rent-a-cop). He was stopping traffic so that pedestrians could use the crosswalks and to allow construction vehicles into the now closed street directly across from the building I work at. See photo below, my route is in red, cop is the green square:



Anyways, I was coming down commonwealth avenue when I get to where the officer is directing traffic, I signal early my intent to turn left onto the sidewalk where I dismount and walk the rest of the way into the building. He looks at me like I'm offering him a free shot of heroine and asks if I want to turn into the contruction zone, I say no and point to where I need to go. He then informs me that I "need" to be riding on the sidewalk next time he sees me. I inform him that doing so is illegal in a buisness district, I make my turn then walk the rest of the way into the building.

Pennsylvania laws are as follows according to Title 75 Chapter 35:

Section 3501. Applicability of traffic laws to pedalcycles.
(a) General rule. -- Every person riding a pedalcycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special provisions in this subchapter and except as to those provisions of this title which by their nature can have no application.

(b) Application of subchapter. -- The provisions of this subchapter apply whenever a pedalcycle is operated upon any highway or upon any path set aside for the exclusive use of pedalcycles subject to the exceptions stated in subsection (a).

*snip snip to 3508*

Section 3508. Pedalcycles on sidewalks and pedalcycle paths.
(a) Right-of-way to pedestrians.-- A person riding a pedalcycle upon a sidewalk or pedalcycle path used by pedestrians shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(b) Business districts.-- A person shall not ride a pedalcycle upon a sidewalk in a business district unless permitted by official traffic-control devices, nor when a usable pedalcycle-only lane has been provided adjacent to the sidewalk.

Of course there are no bike lanes, so it would seem to me as though I am correct in riding on the street acting as a vehicle and obeying traffic control devices. In the even Johnny Law decides to issue me a citation do you think it would be easily fought and won? Does officer discretion come into play?

Thanks,

Bau
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Old 04-24-08, 07:18 AM
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He's unlikely to cite you, but as is always true when dealing with someone with a large amount of discretionary power, you'd be wise to avoid rubbing him the wrong way. He's wrong about riding on the sidewalk, but you might be wrong on that left. What you were doing, if I understand your explanation, doesn't quite fit with either proper vehicular or proper pedestrian behavior: a car doesn't turn left in the middle of the street and drive up onto the sidewalk in front of the driver's place o werk, and they're not generally supposed to turn left in the middle of the street in order to park (facing the other way) in front of their place o werk. It's common behavior for a bicycle commuter, but if the cop really wanted to make an issue out of it, strictly speaking you're probably supposed to either make a legal move so that you're now riding in the direction of traffic on the side of the street where you want to stop, then pull over and stop...or pull over to the right at the nearest crosswalk, dismount, and walk your bike across the street and down the block to your workplace. So, if the cop's going to be pissy, I think I'd take one of those two options -- I suspect he does have you if he wants you for making that left.
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Old 04-24-08, 07:50 AM
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You were completely in the right. The issue at hand was not your left hand turn, but rather the officer's assertion that you were to be on the sidewalk and not the roadway. So, basically, you are right. He was just under false assumptions, and likely doesn't even know the law you refer to. Either that, or he perceived something else amiss with your riding style - what I have no idea, as from your description to me it sounds like you were operating in a perfectly legal manner.

He can, and write tickets all he wants. The law is on your side.
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Old 04-24-08, 08:39 AM
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Originally Posted by bautieri
This morning right before I get to work I was heckled by a police office who was tasked with directing traffic (Actual full fledged police officer, not a rent-a-cop). He was stopping traffic so that pedestrians could use the crosswalks and to allow construction vehicles into the now closed street directly across from the building I work at. See photo below, my route is in red, cop is the green square:



Anyways, I was coming down commonwealth avenue when I get to where the officer is directing traffic, I signal early my intent to turn left onto the sidewalk where I dismount and walk the rest of the way into the building. He looks at me like I'm offering him a free shot of heroine and asks if I want to turn into the contruction zone, I say no and point to where I need to go. He then informs me that I "need" to be riding on the sidewalk next time he sees me. I inform him that doing so is illegal in a buisness district, I make my turn then walk the rest of the way into the building.

Pennsylvania laws are as follows according to Title 75 Chapter 35:

Section 3501. Applicability of traffic laws to pedalcycles.
(a) General rule. -- Every person riding a pedalcycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special provisions in this subchapter and except as to those provisions of this title which by their nature can have no application.

(b) Application of subchapter. -- The provisions of this subchapter apply whenever a pedalcycle is operated upon any highway or upon any path set aside for the exclusive use of pedalcycles subject to the exceptions stated in subsection (a).

*snip snip to 3508*

Section 3508. Pedalcycles on sidewalks and pedalcycle paths.
(a) Right-of-way to pedestrians.-- A person riding a pedalcycle upon a sidewalk or pedalcycle path used by pedestrians shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(b) Business districts.-- A person shall not ride a pedalcycle upon a sidewalk in a business district unless permitted by official traffic-control devices, nor when a usable pedalcycle-only lane has been provided adjacent to the sidewalk.

Of course there are no bike lanes, so it would seem to me as though I am correct in riding on the street acting as a vehicle and obeying traffic control devices. In the even Johnny Law decides to issue me a citation do you think it would be easily fought and won? Does officer discretion come into play?

Thanks,

Bau
Couldn't you tell him you were delivering Governor Rendell's second breakfast? (Eddie seriously needs to lose weight.) But I digress.

I don't understand the left. Did you cut across traffic to the sidewalk on the other side, or simply make a left hand turn onto a cross street like other vehicles do? If it's the first, I think the policeman may have a valid complaint. If the second, her needs to read the traffic laws. I doubt any ticket you get for traveling as a vehicle would stand up if you obey traffic laws.
 
Old 04-24-08, 09:41 AM
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Originally Posted by The Historian
Couldn't you tell him you were delivering Governor Rendell's second breakfast? (Eddie seriously needs to lose weight.) But I digress.

I don't understand the left. Did you cut across traffic to the sidewalk on the other side, or simply make a left hand turn onto a cross street like other vehicles do? If it's the first, I think the policeman may have a valid complaint. If the second, her needs to read the traffic laws. I doubt any ticket you get for traveling as a vehicle would stand up if you obey traffic laws.
It's hard to tell by the picture, but the street where the officer is directing traffic at used to be a four way stop. The part where I walk on the sidewalk is right next to the street that was closed due to the construction. So yes my turn would have been across traffic when directed by the police officer to do so. All the other police officers for the last two years have not had a problem with me preforming this turn, just this new guy. I will concede that due to the closing of the street my maneuver would not have been a normal one (unless you count the maintenance trucks that drive on the sidewalks), but by executing the proper signals do you guys think I actually did anything wrong? I suppose I could go around to the other side of the building but I don't know how exactly I will get my bike through a revolving door.
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Old 04-24-08, 09:45 AM
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Originally Posted by bautieri
It's hard to tell by the picture, but the street where the officer is directing traffic at used to be a four way stop. The part where I walk on the sidewalk is right next to the street that was closed due to the construction. So yes my turn would have been across traffic when directed by the police officer to do so. All the other police officers for the last two years have not had a problem with me preforming this turn, just this new guy. I will concede that due to the closing of the street my maneuver would not have been a normal one (unless you count the maintenance trucks that drive on the sidewalks), but by executing the proper signals do you guys think I actually did anything wrong? I suppose I could go around to the other side of the building but I don't know how exactly I will get my bike through a revolving door.
OK. I'm not sure this is best, but I would have turned pedestrian before the left and simply crossed the road as a pedestrian.
 
Old 04-24-08, 11:40 AM
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Originally Posted by bautieri
It's hard to tell by the picture, but the street where the officer is directing traffic at used to be a four way stop. The part where I walk on the sidewalk is right next to the street that was closed due to the construction. So yes my turn would have been across traffic when directed by the police officer to do so. All the other police officers for the last two years have not had a problem with me preforming this turn, just this new guy. I will concede that due to the closing of the street my maneuver would not have been a normal one (unless you count the maintenance trucks that drive on the sidewalks), but by executing the proper signals do you guys think I actually did anything wrong? I suppose I could go around to the other side of the building but I don't know how exactly I will get my bike through a revolving door.
It's not turning across traffic that's the (possible) issue, it's what you're turning into. If it's a street or a driveway, it's all good. In this case, since the street's closed, a cop might have a valid cite if he/she wanted to make a big deal of it.
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Old 04-24-08, 04:22 PM
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I get thrown out of comedy clubs all the time. That's not heckling.
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