I'm somewhat baffled by the criticism of Mr. Damon. The cop ordered him to ride in the "breakdown lane" and get off the road.
Since Ch. 85 Section 11B states: "Every person operating a bicycle upon a way, as defined in section one of chapter ninety, shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the special regulations contained in this section", the officer was, frankly talking absolute cobblers when he said that the road was solely for the use of motor vehicles. In spite, by the way, of his proud boast that he'd been a cop for 35 years.
That being the case, how can Mr. Damon, in asserting his right to behave in accordance with the law, be causing trouble for other riders, Bekologist?
As for the cop's ignorance, perhaps he should be put through: Section 116E "Development and establishment of course in bicycle safety enforcement of the Mass. traffic regulations"
Wikipedia defines the highway as: "Roadway. That portion of a highway between regularly established curb lines or that part,
exclusive of shoulders, improved and intended to be used for vehicular traffic.
Mass. law states: "Ch89 S4B
When the right lane has been constructed or designated for purposes other than ordinary travel, a driver shall drive his vehicle in the lane adjacent to the right lane...".
Since under both the Federal Uniform Vehicle Code and Mass. state regulations, the cyclist has all the rights of a motor vehicle user, except where expressed otherwise, the officer was entirely wrong to tell him to ride in the breakdown lane, which is expressly for the use of vehicles which have broken down. Breakdown lanes are particularly dangerous since drivers may well have to drive into them in an emergency. The video shows the breakdown lane delineated by a solid white line, which, as I understand it, differentiates that area from the highway/roadway.
The officer's argument that drivers, upon seeing a cyclist, might not be able to see what other traffic is doing seems to demonstrate that such drivers ought to be immediately arrested and charged with being incapable of controlling their vehicle
, bearing in mind that Ch 90, S14 states that "In approaching or passing a person on a bicycle the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable and proper speed."
In short, both cops showed enormous ignorance of the laws of their own state and a bizarre fixation on the rights of drivers andtheir apparent incapacity to share the road