Andy_K 

First, I have to admit that this is may be at least partially my fault. Even so, I think it's absurd.

Background: I don't like to ride in the rain at night and there's always a chance of rain here during the winter. Outside of DST I drive to a local Park and Ride/Transit Center and bike to work from there so that I can just hop on the light rail and get back to my van in safety if it's raining in the evening. If it isn't raining, I just ride my bike back to the Park and Ride.

Scenario: Yesterday after I got to the lot I was attaching a tail light mounting bracket to my rear rack -- I just got the rack and didn't have time to do it at home before dropping my daughter off at school. As I was doing this, a TriMet inspector drove up and asked me if I was getting ready to get on the train. I was a bit distracted and wanted to just finish up what I was doing and get on my way to work without explaining the whole situation to him about when and why I might or might not be using the train and I was confident there was no problem with what I was doing, so I just said, "Yeah." He told me they were monitoring the lot closely, and I just figured he was talking about watching for theft or whatever. As I was leaving the lot, I noticed that he had followed me to the exit but then turned around and went back in. I figured that was a bad sign, and sure enough when I got back to my car in the evening I had a parking ticket waiting for me.

I tried to find details on the terms of use for the lot. It turned out to be surprisingly difficult to find any amount of detail. The regulation cited on the ticket says "It is unlawful for any person to park a vehicle upon the premises of a District Parking Facility for any length of time greater than that designated as permissible at such place, or for any purpose other than that designated for such place." The TriMet web site says, "Whether you are meeting your carpool or catching the bus, MAX or WES, you can park free of charge up to 24 hours (unless otherwise posted) at these Park & Ride locations." That's not exactly phrased like a typical regulation, and my use may be on the fringe, but I thought I was well within the spirit of it. The lot itself has a sign indicating that it is for "transit or carpool use only."

I sent an e-mail to TriMet yesterday specifically asking whether what I'm doing is acceptable, but I haven't heard back from them. I may call today. I plan to contest the ticket either way. I can't imagine that it would be acceptable for me to park in the lot and ride off in a car with another person, but not acceptable to park in the lot and ride off on a bike alone.

But sometimes I find that my idea of what's obviously reasonable isn't congruent with reality, so I'm soliciting input.

Does what I'm doing seem like it should be acceptable, or am I in a gray area, or am I just suffering from a delusional level of self-entitlement?

acidfast7

Nein! Das is Verboten!



just trying to be foolish with a foolish situation

JoeyBike

As someone who lives his cycling life at (or beyond) the edge of The Law, maybe I am not the best person to respond to such an event as you described, so take this with a grain of salt.

The Law is often up to the discretion of the guy with the ticket book. In your case, you can't really blame the guy for thinking you just outright lied to him. This, IMO, is why he wrote you. Had you explained the situation to him you would have given him the chance to accept or deny your request - saving you a ticket either way.

Otherwise, I don't think you deserved to be cited. As a cyclist who breaks twenty laws a minute sometimes, I just pay my tickets and move on with my life if I know I was at fault. In your case, I think I would fight it - but you still have to deal with the agent who ticketed you or he is just going to cite you again.

Good luck.

Andy_K 

Yeah, I completely recognize that I screwed up that part of it. Still, even assuming he thought I outright lied to him, he wrote me a ticket for parking there and riding off on a bike. He even wrote that on the ticket. What could I possibly have been doing that isn't consistent with the intended purpose of a Park & Ride? I can't help thinking the guy has no imagination. More generously, I suppose it's not his job to interpret the rules.

fietsbob

Lawyer up, it may need a court case, legal decision, to be on the Books to codify that 'park and ride'
does not require using TriMets Train.

see if it's happened often enough to be a Class action Suit.

Its the American Way..


add to the email with a written letter, say, on a law firm letterhead.

unterhausen

that does seem ridiculous, the point is you took a car off the road in an area that they obviously are worried about congestion.

Andy_K 

The kicker is that the lot I'm using doesn't even fill up. A few years ago they estimated it at 50% utilization. I think it's higher than that now, but I've never seen it anywhere near full.

agent pombero

Ok...as long as she is doing the forbidding...

loky1179

Ridiculous. I can't believe they can afford to pay someone to write tickets on a lot that is half full. I would guess they are not anxious to respond to you, because it will make them look so stupid. I would fight it, or at the very least demand coherent explanation of their policy. What if you carpool in to take the train home? No different than you situation, since they don't and can't know if you'll be taking the train home. And yeah, if I'm heading for work in the morning, I don't have time to chat.

wphamilton

I don't see much difference in parking and driving off in a carpool, and parking and biking off. The end result satisfies the same objective, one person not in his car on the road. What other possible reason is there for allowing parking for carpools?

jon c. 

I can't believe they can afford to pay someone to write tickets on a lot that is half full.

They can only afford to pay them if there is revenue from tickets. Ergo, tickets must be written.

CB HI

Contest the ticket in court. Get as much written policy statements that support your position as you can to show the judge, especially those that OK the use of buses and car pools for parking in the lot. Judges mostly have more common sense than ticket writers.

You did park and you did ride, to get to work.

acidfast7

my order of operations:

1. figure out who ticketed you? was it an officer of the law or was it a private person on their private property?
2. how much is the ticket? $25 or $125.
3. if it's an officer, i would most likely pay because it could be in a central database but i would swing by in person to pay and discuss it with anyone willing to listen.
4. if it was a private company, i would act like i was going to pay and ask to speak with the manager.
5. then, i would calmly discuss the situation with the endgame being that if he didn't get rid of the ticket you would discuss the issue with a local reporter and write and have a small story written up in the local paper.
6. i would only do the above if the ticket was greater than 100 USD, if it was less than 35 USD, i'd just pay and be done with it, especially if it just some stupid private company thing (capitalism sucks especially when it gets coupled to public transport).

personally, i'd rather spend the time riding than working. just watch out better for the lot attendants next time.

also, FWIW, i think you weren't using the p&r in the designated fashion because you were not accessing "multiperson transport" from the lot, which is what i'm sure they'll argue. essentially, within the framework of the rules, you're not different than someone parking there and going shopping for the day.

just getting a feeling for management (perhaps the on-site manager rides a bike?) and watch out for the cars next time.

also, be warned that if they CCTV, they could bust you anytime they wanted.

jeffpoulin

It's "Park and Ride", not "Park and Carpool", or even "Park and take TriMet". Riding a bike is riding, obviously. I wouldn't lawyer up or take it to court since that will end up costing a lot more than it's worth. However, I would write a letter to the Oregonian or even the Portland Tribune about your issue. With enough bad publicity (and it won't take much), TriMet will void their ticket and may even issue an apology.

acidfast7

i agree. using the media as a means to an end is quite useful most of the time.

Clarabelle

I'm a little surprised. Oregon has always seemed like such a bike friendly state when I've rode there.

Andy_K 

FWIW, the ticket ($60) was written by a TriMet inspector. TriMet is a public organization that runs the local transit system. The ticket is issued under the authority of the Multnomah County Circuit Court. I have the option of paying the fine with a written explanation, which may result in my money being refunded, or paying the fine and requesting a court date.

I have been trying to get some clarification from TriMet via e-mail. The first line support person quoted the TriMet code to me, although she quoted from a section that had to do with not parking a car in the lot with a 'for sale' sign in the window. I responded explaining why I thought my use complied anyway and asked for an official interpretation of how the rules apply to my situation. If I don't get anywhere with this I'll contact TriMet's "Active Transportation Planner" (yes, there is actually a person with that title). If that doesn't solve things, I'll bring in the big guns and try to get Jonathan Maus (BikePortland.org blog author) to show interest.

The Oregonian would likely write this up as a story about a bicyclist trying to get out of paying his share to fund local transit.

Andy_K 

Every bike friendly area has a minority opposition group who are annoyed by the pervasiveness of bicycles and the things they're allowed to get away with.

acidfast7

if it's only 60 bucks, i'd just pay it and be done.

if you don't care about being banned from the lot (or harassed if you continue to use it) then i'd write an article or spend more time on it. if you really need the lot, pay the bill and just make sure the inspectors/CCTV doesn't catch you riding the bike away again.

cycle_maven

Ya know, the park-n-ride lots are built to enable riding the public transportation, and the security and asphalt is ultimately paid for by the transportation company. If you want to park your car and ride your bike from somewhere, then park it on the street somewhere- there are thousands, maybe millions of legal and free parking places in Beaverton. Seems like a $60 ticket would just about cover the cost of about 20 days of parking in a semi-tended rural lot. If you put the bike on the front of a bus or on the MAX, then it's fine, but if you're going to use the lot as a convenient parking space in case it rains then it's time to either HTFU and learn to ride in the rain or cough up the 3 bux and get on the train with the bike when the inspector is present.

jeffpoulin

I think it's worth pursuing the legality of it. Otherwise, it's 60 bucks now and potentially 60 bucks if he does it again (I'm sure they recognize his van now). It would seem to me that if they allow the lots to be used for carpooling (i.e. no revenue for TriMet), then they shouldn't have a problem with bicycles either. Both are keeping additional cars off the road.

OTOH, if it's truly not allowed, you can always bring your bike on TriMet for one stop, then ride the rest of the way in. Kind of a pain, but at least you'll be within the letter of the law.

acidfast7

+1 on clarification

+1 on your shifty manner of getting around the system

i still love that we have no turnstiles on german public transport.

Doohickie

Yes to all the questions.

Doohickie

My local (Fort Worth) cops are very accommodating of cyclists, even going so far as to stop traffic for us when we are passing through an intersection during Critical Mass and a cop happens to be there, but that doesn't mean that *every* cop is always going to cut *every* cyclist a break.

jerseyJim

I agree with going up the chain of command at the transit authority to clarify the policy. You may even get them change their policy to specifically include bike commuters, which would be a huge plus for bike commuters in your area. I also agree with trying to interest the local bloggers, tv and newspapers. If all else fails maybe some letters to the editor.

My GF just wrote to our local Trader Joes market and as a result they are going to be installing bike parking. Every little bike-friendly change helps.

Good luck I hope you succeed!