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Portland: Police Enforcement Downtown this Morning

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Portland: Police Enforcement Downtown this Morning

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Old 08-04-06, 06:20 PM
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Originally Posted by Helmet Head
Good luck. Even if you succeed at making sure the law is written correctly, you still have trackhub's problem:

"At present, there is no law in Massachusetts that says you are required to use a bike lane, or MUP if one is available. But, many citizens, and some police officers, seem to think otherwise."
Honestly, I could care less what others think. I'm not sure why you are so bothered by this. People's perceptions can change. And they happen to change more quickly with the appropriate legal constructions in place.
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Old 08-04-06, 06:25 PM
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Originally Posted by Brian Ratliff
Food for thought in this discussion, taken from a comment on the BikePortland.org site. In the US, what bicycle commuters there are, they are fast. The fast ones who love cycling are also typically the first adopters of bike commuting, with slower cyclists following their lead.

Both the cycling community and the law needs to recognize that cyclists bicycle for different reasons. We cannot kick slower cyclists who don't want to ride on a road without bike lanes off the street (or threaten their transportation choice with a "get educated or else..." type of advocacy), but we cannot ignore that some cyclists like to go fast and can take care of themselves in traffic. I try to straddle the line. I enjoy going fast. But I understand that not everyone likes to go fast. I can take care of myself in traffic because, in learning to bike commute, I had to. But I understand that many people don't want to deal with car traffic.
Roger's comments exemplify PDOT's position on bike lanes. Note that nowhere does Roger ever state that the city is concerned or interested enough to review the existing bike lanes, as constructed, for safety issues. He later cites flawed accident statistics to 'prove' how safe the SW Broadway bike lane is, yet I know of several unreported doorings that occurred in this bike lane. The police also systematically decline to file reports on bicycle accidents. The accident reporting system relies on crash victims to self-file a report with the state DMV. Motorists are theoretically required to do this by law, but cyclists are not. Roger also simply accepts as gospel that more miles of bike lanes = more cyclists. Earlier in that same bikeportland.org thread I challenged anyone to prove a cause and effect relationship. A simple correlation between increases in the number of miles of bike lanes and increases in cyclist numbers proves nothing.
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Old 08-04-06, 06:40 PM
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Originally Posted by randya
Earlier in that same bikeportland.org thread I challenged anyone to prove a cause and effect relationship. A simple correlation between increases in the number of miles of bike lanes and increases in cyclist numbers proves nothing.
If cyclist ridership goes down in locations without BL but goes up in locations with BL is that correlation enough for you?

How do you want it proven? What specific data would it take to show a correlation between cyclists and BL?

There was a federal transportation study that showed this... but all the anti BL folks said that the report was flawed due to the funding.
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Old 08-04-06, 07:55 PM
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Randy,

You are right, there is no causation, only correlation. It is very difficult to figure out causation because of the shear number of variables involved. But there does seem to be a large correlation between bike lanes and number of cyclists on the road. Having more cyclist's on the road is probably the single most important thing to shoot for with regards of increasing safety of all cyclists. The more motorists encounter cyclists in their daily rounds, the easier it is for motorists to treat cyclists and cycling facilities correctly. Cyclists are only rendered irrelevent when there are few cyclists around to stake their claim to the road. All the common problems with bike lanes, with harrassment, with "knowing what to do around a cyclist" go away with familiarity. I've seen this in just the 5 years since the last time I seriously commuted in the Beaverton/Hillsboro area. Oddly enough, the "betterment" of cycling conditions I have seen has been proportional to the cycling facilities (mostly bike lanes) in place.

I understand that the suburbs and the city are different and let me reiterate that I am not behind a bike lane on intercity one-way streets. Too many problems. But this post I reposted here brought a new perspective. It is a valid one too. And it is one too often missed here on BF because of the lack of these type of riders frequenting this forum.
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Old 08-04-06, 08:06 PM
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Originally Posted by randya
A simple correlation between increases in the number of miles of bike lanes and increases in cyclist numbers proves nothing.
But at the same time, it disproves nothing either.

A correlation, especially a relatively strong correlation such as this, puts "bike lanes" in the category of a possible "cause." You must have correlation before you can have causation. In this way, a correlation is not on the same plane as "nothing." I'd challenge you back to bring up some research showing an alternative possible "cause" that shows the level of correlation that bike lane miles has.

That is, if you accept the correlation. If not, you also have the task of showing exactly why the numbers showing a correlation are invalid; not in the hocus pocus way of throwing up dirt, but in the delving into details way of actually showing how their methods of data collection lead to erronious results. In the grand bike lane debate, it is all too common to simply dismiss numbers on their face with some half-a$$ed remark that "they didn't account for such and such and that makes the numbers worthless." No, to counter the numbers, you have to show that "such and such" would make a significant difference. Not by hand waving - by actually doing the study (or drawing from another study) showing how your "such and such" variables make a very large difference.

Now, to be clear, self reported numbers such as for none fatal accident reports, are unreliable. I'm not refering to those. I am refering specifically to your dismissal of data showing a strong correlation of bike lane miles to ridership.
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Old 08-04-06, 10:18 PM
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Originally Posted by genec
How is it unpredictable... you signal, YOU check for clearance (you do not have ROW at that point) and then you go. Same as you do when changing a lane in a car and then making a turn.
That's what you would do, but everyone will do it at a different distance from the intersection. People turning left will need more time to get across to the left lane so they will move earlier while those going straight may try to stay in the bike lane as long as they can, or they may move over early to make sure they don't suddenly cut of a car while getting out of the turn lane. Then afterwards they all try to move back over to the right back into the bike lane. You end up with a zone around every intersection with bicyclists changing lanes all over the place, which defeats the purpose of putting an extra lane in to keep bikes seperate from the rest of the traffic.

In stretches of road with few intersections this in't much of a problem, but in places with traffic controls every block or two you might as well just stay in the lanes with the rest of the traffic.
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Old 08-04-06, 10:26 PM
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Originally Posted by Brian Ratliff
Bike lanes are strictly a tool, and a useful one at that.
Bike lanes are stripes of paint marking off space on the roadway that, in someone's opinion, cyclists should (and sometimes are forced) to use. More often then not, this space is not where a safe cyclist would be riding (up against cars doors, curbs, across drainage grates, on the dirtiest section of the road). The fact that they make some cyclist forget they are riding in traffic should not be viewed as a plus. If you are riding on the same roads as other vehicles, you are part of traffic and you should be paying attention to it.
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Old 08-04-06, 11:58 PM
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Originally Posted by Brian Ratliff
I am refering specifically to your dismissal of data showing a strong correlation of bike lane miles to ridership.
You could probably make a similar correlation between the number of bicyclists and the rise in Portland's under 30 year old population. It would probably be as valid if not more so than the correlation with the number of miles of bike lanes.

For that matter, you could probably correlate the number of bicyclists to the price of gas, the cost and availability of parking spaces, or the number of microbreweries in Portland.

Lots of things correlate, but demonstrating that the correlation has a cause and effect relationship is substantially more difficult and requires irrefutable proofs, not loose speculation.

Last edited by randya; 08-05-06 at 10:55 AM.
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Old 08-05-06, 01:58 AM
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Originally Posted by Blue Order
I agree, but I would not want to see the PPB harassing cyclists for breaking traffic laws and turning a blind eye towards other traffic scofflaws. If that's what the PPB is doing, the BTA should advocate for even-handed treatment.
come on now. for once the police here in portland actualy don't turn a blind eye to cyclists and everyone is complaining acoud getting signled out. seldom are cyclists given tickets most go to motorists.
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Old 08-05-06, 04:23 AM
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Sounds to me like it's either harassment, or there's a lot of ignorant, incompetent cops in Portland.

Hopefully, every cyclist that was issued a citation contests it in court. If enough get thrown out, it could be the basis for a class action suit against the city.

The flip side to this is, the cyclists who got cited for doing something that was actually illegal deserve it.

Don't know about OR, but in FL there's no requirement to use a BL just because one is present. The confusion on the issue (people mistakenly thinking the presence of a BL requires it's use) is why FL, as a state, doesn't support BLs, but does require paved shoulders on all new construction and repaving projects. Less confusion in this regard with a paved shoulder.

Last edited by CommuterRun; 08-05-06 at 04:31 AM.
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Old 08-05-06, 05:45 AM
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Originally Posted by CommuterRun
Don't know about OR, but in FL there's no requirement to use a BL just because one is present. The confusion on the issue (people mistakenly thinking the presence of a BL requires it's use) is why FL, as a state, doesn't support BLs, but does require paved shoulders on all new construction and repaving projects. Less confusion in this regard with a paved shoulder.
Are there shoulders on the CITY streets of Florida? I've never seen a shoulder on a city street before. Am I or you confused?
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Old 08-05-06, 07:33 AM
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No, I don't think you're confused.

To be honest, I'm not sure how this applies to urban areas where there is limited space to allow for road width. But I do know that in rural areas, such as where I live, these shoulders are required by state law.

An aside, I do remember hearing about a ritzy area, down in south Fl I believe, that fought the law and got an exemption because of the fear that paved shoulders would allow the "riff-raff" to use the road as a corridor. After the project was completed, the rich snobs started complaining about cyclists slowing them down by taking the whole lane. I think the state told them something along the lines of, "Tough beans, they have every bit as much right to the road as you do and you're the ones that wanted the exemption." <not an exact quote>

I also remember the director of state something getting fired and reassigned to another department over this.

I've contacted my source for more accurate and detailed information and will post it as soon as I get it.
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Old 08-05-06, 07:52 AM
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Originally Posted by withak
That's what you would do, but everyone will do it at a different distance from the intersection. People turning left will need more time to get across to the left lane so they will move earlier while those going straight may try to stay in the bike lane as long as they can, or they may move over early to make sure they don't suddenly cut of a car while getting out of the turn lane. Then afterwards they all try to move back over to the right back into the bike lane. You end up with a zone around every intersection with bicyclists changing lanes all over the place, which defeats the purpose of putting an extra lane in to keep bikes seperate from the rest of the traffic.

In stretches of road with few intersections this in't much of a problem, but in places with traffic controls every block or two you might as well just stay in the lanes with the rest of the traffic.

Well frankly in places with traffic control every block... such as a downtown area... which typically have 25MPH speed limits... I find Bike Lanes very useless. So on this we agree.

I prefer to see bike lanes on higher speed boulevards and arterials. I would prefer feeders, side streets and residential areas to be BL free.
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Old 08-05-06, 08:28 AM
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I think this might answer your question, ILTB, at least I hope it does.

335.065 Bicycle and pedestrian ways along state roads and transportation facilities.--

(1)(a) Bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into state, regional, and local transportation plans and programs. Bicycle and pedestrian ways shall be established in conjunction with the construction, reconstruction, or other change of any state transportation facility, and special emphasis shall be given to projects in or within 1 mile of an urban area.

(b) Notwithstanding the provisions of paragraph (a), bicycle and pedestrian ways are not required to be established:

1. Where their establishment would be contrary to public safety;

2. When the cost would be excessively disproportionate to the need or probable use;

3. Where other available means or factors indicate an absence of need.

(2) The department shall establish construction standards and a uniform system of signing for bicycle and pedestrian ways.

(3) The department, in cooperation with the Department of Environmental Protection, shall establish a statewide integrated system of bicycle and pedestrian ways in such a manner as to take full advantage of any such ways which are maintained by any governmental entity. For the purposes of this section, bicycle facilities may be established as part of or separate from the actual roadway and may utilize existing road rights-of-way or other rights-of-way or easements acquired for public use.

Now, I'm not a Judge, but I think in urban areas (1)(b) applies.

The more I hear about bike lanes, the more steadfastly convinced I become that they are for the convenience of motorists, not the safety of cyclists.

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Old 08-05-06, 10:57 AM
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Originally Posted by genec
Well frankly in places with traffic control every block... such as a downtown area... which typically have 25MPH speed limits....
Signals are timed for 12 - 15 mph in downtown Portland (It doesn't mean a significant number of motorists don't drive faster, trying to make lights and such, but I never see any tickets being issued for this behavior).
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Old 08-05-06, 01:16 PM
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Originally Posted by randya
Signals are timed for 12 - 15 mph in downtown Portland (It doesn't mean a significant number of motorists don't drive faster, trying to make lights and such, but I never see any tickets being issued for this behavior).
the nice thing is that they can't drive much faster unless they run reds. i love being able to ride from madison (or further south) to burnside on 3rd without stopping or being passed.
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Old 08-05-06, 01:20 PM
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Originally Posted by ZachS
the nice thing is that they can't drive much faster unless they run reds. i love being able to ride from madison (or further south) to burnside on 3rd without stopping or being passed.
Most of the speeders I see downtown are people making rights on red and then trying to catch the next light down the block on the cross street.
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Old 08-05-06, 05:54 PM
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So some non-Oregonians were asking some questions about the traffic laws here:

1) Do bikes have ROW over cars when they are in the bike lane? Yes, but there are specific situations that allow a car to be in bike lane space.
ORS 811.050 Failure to yield to rider on bicycle lane; penalty. (1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.
(2) This section does not require a person operating a moped to yield the right of way to a bicycle or a motor assisted scooter if the moped is operated on a bicycle lane in the manner permitted under ORS 811.440.
(3) The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a Class B traffic violation.
ORS 811.440 When motor vehicles may operate on bicycle lane. This section provides exemptions from the prohibitions under ORS 811.435 and 814.210 against operating motor vehicles on bicycle lanes and paths. The following vehicles are not subject to ORS 811.435 and 814.210 under the circumstances described:
(1) A person may operate a moped on a bicycle lane that is immediately adjacent to the roadway only while the moped is being exclusively powered by human power.
(2) A person may operate a motor vehicle upon a bicycle lane when:
(a) Making a turn;
(b) Entering or leaving an alley, private road or driveway; or
(c) Required in the course of official duty.
(3) An implement of husbandry may momentarily cross into a bicycle lane to permit other vehicles to overtake and pass the implement of husbandry.
(4) A person may operate a motorized wheelchair on a bicycle lane or path.
(5) A person may operate a motor assisted scooter on a bicycle lane or path.
(6) A person may operate an electric personal assistive mobility device on a bicycle lane or path.
2) Are bikes required to be in a bike lane if there is one present? Yes, but with exceptions.
ORS 814.420 Failure to use bicycle lane or path; exceptions; penalty. (1) Except as provided in subsections (2) and (3) of this section, a person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.
(2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.
(3) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:
(a) Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path.
(b) Preparing to execute a left turn at an intersection or into a private road or driveway.
(c) Avoiding debris or other hazardous conditions.
(d) Preparing to execute a right turn where a right turn is authorized.
(e) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.
(4) The offense described in this section, failure to use a bicycle lane or path, is a Class D traffic violation.
3) It is illegal to ride a bike on the sidewalks in downtown Portland.
City of Portland 16.70.320 Operating Rules.
(Amended by Ord. No. 165594, July 8, 1992.) No person may:

A. Leave a bicycle so that it obstructs vehicle or pedestrian traffic on a roadway, sidewalk, driveway, handicap access ramp, building entrance, or so that it prevents operation of a parking meter or newspaper rack;

B. Leave a bicycle secured to a fire hydrant or to a police or fire call box;

C. Leave a bicycle on private property without consent of the owner or legal tenant. Consent is implied on private commercial property;

D. Leave a bicycle on a street or other public property for more than 72 hours; or

E. Ride a bicycle on a sidewalk, unless avoiding a traffic hazard in the immediate area, within the area bounded by and including SW Jefferson, Front Avenue, NW Hoyt and 13th Avenue, except:

1. On sidewalks designated as bike lanes or paths;

2. On the ramps or approaches to any Willamette River Bridge; or

3. In the area bounded by the west property line of SW Ninth Avenue, the east property line of SW Park Avenue, the north property line of SW Jefferson and the south property line of SW Salmon Street.

4. For police or special officers operating a bicycle in the course and scope of their duties; or

5. For employees of the Association for Portland Progress and companies providing security services operating a bicycle in the course and scope of their duties. These employees must have in possession an identification card issued by the Chief of Police certifying the rider has completed a training course in the use of a bicycle for security patrol.
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Old 08-05-06, 06:13 PM
  #119  
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I rode to and from work on Thursday and Friday, and decided not to change my route or routine despite people apparently getting tickets for making the same legal manuevers I make daily. I rode past several of the same police officers that I usually see every day, and that was that. Not a word except from a couple of the bike cops that regularly exchange friendly greetings with me in the mornings.

I have to wonder if the traffic cops that were issuing tickets for legal manuevers on Wednesday don't normally work downtown. Perhaps the traffic division borrowed officers from another division? Downtown really is an entirely different cycling environment from the rest of the city. If you never went downtown, you'd have a very different impression of what it's like to ride a bike in Portland.
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Old 08-05-06, 06:27 PM
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The traffic division works the entire city. Bicycle enforcement actions occur on Wednesdays. Cops are creatures of habit.
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Old 08-05-06, 06:50 PM
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Originally Posted by joejack951
Bike lanes are stripes of paint marking off space on the roadway that, in someone's opinion, cyclists should (and sometimes are forced) to use. More often then not, this space is not where a safe cyclist would be riding (up against cars doors, curbs, across drainage grates, on the dirtiest section of the road). The fact that they make some cyclist forget they are riding in traffic should not be viewed as a plus. If you are riding on the same roads as other vehicles, you are part of traffic and you should be paying attention to it.
To some people, a wrench is just a hunk of shiny metal. To others, it is something to turn a bolt. To the former, the shiny metal is heavy, has sharp edges, and, of course, doesn't make a very good hammer. To the latter, the wrench is used to turn bolts, and when something needs hammering, he lays down the wrench and picks up a hammer.
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Old 08-05-06, 08:24 PM
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Originally Posted by donnamb
I don't disagree with your complaints about some downtown cyclists. I'm sure that many think it's unfair to get a ticket for running a red light, blowing a stop sign, turning into pedestrians, or riding on the sidewalk (illegal in downtown Portland), but I'm fine with it. The fixie brake issue is another kettle of fish entirely, and way beyond the scope of this thread (or my ability to form a well-reasoned opinion). What's really not ok, and I think this is what has gotten so many in Portland upset, is the tickets that were given for performing completely legal manuevers.

I'm also somewhat disturbed at targeting cyclists when many motorists are doing illegal things, too. When's the last time you saw a driver downtown get pulled over for tailgaiting, cutting off, dooring, or threatening someone on a bike? In the 6 years I've worked downtown, I've never seen it. I've never even seen anyone pulled over for speeding, and there are some real maniacs out there that need a wake up call in the worst way.

I've got no problem with citations for traffic law violations. In fact, I welcome them. But consistently targeting 2 wheeled vehicles with no motor and nothing else on the road? You bet I'm going to complain and the BTA will advocate against unfair targeting. If you read the link Randya posted, you will see that the BTA executive director is implying just that.
The issue could also be, based on complaints, and this is where bike clubs and groups should concentrate their efforts. It's work, but it will help in the long run, see a car committing a traffic violation, then call the police NON emergency number, especially if you can get a plate number, have the plate number, date, time and exact location, call and complain. The police blotter will have so many complains about motorists, that a similar campaign going after motorists is sure to follow.

Are there people on bicycles committing infractions in Portland, well, most likely. If I had a dollar for everytime I saw someone riding on a sidewalk in the last year, I could buy a Trek Pilot 5.2 and have enough left over to buy the Pink WSD version for my significant other. Whether she would ever use it is a another question

If you think a law is stupid, then get it changed, and don't tell me you can't, you can, you just need to know the proper way to go about it. Start with your local representative for the proper level of government, write them a letter, telling them about why you think a specific law should be changed, include what law, which act, section, subsection, why you think it should be changed -- it's stupid doesn't get you very far -- ask them how to go about doing it. Trust me, they will know exactly how it's done, and many will be quite willing to help you, even if they disagree with you, there is a whole process, and you need to be able to follow it, exactly, the process of making laws, is by necessity very exact.
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Old 08-05-06, 10:11 PM
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Originally Posted by Wogsterca
If you think a law is stupid, then get it changed
It's not about stupid laws, it's about profiling and selective enforcement, and what constitutes appropriate policing for public safety.
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Old 08-06-06, 06:43 AM
  #124  
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Originally Posted by randya
It's not about stupid laws, it's about profiling and selective enforcement, and what constitutes appropriate policing for public safety.
Bike lane laws are stupid, it's a special lane, similar to a HOV lane, you don't see laws that say buses must stay in the HOV lane do you?

Here is the key, cyclists need to make it impossible to write tickets, always have the proper safety equipment, including at least a front brake on a fixie, helmet, reflectors, lights, etc. Always ride as if you have a bicycle cop just off your rear tire, the police will give up on harassing cyclists, and start going after motorists, real fast, it gets boring watching law abiding riders all the time
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Old 08-06-06, 01:16 PM
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Originally Posted by Wogsterca
If you think a law is stupid, then get it changed
Randy's right - it's not about the law needing to be changed. The law says a cyclist can travel in a left lane of a one way street, period. Good law. Yet people apparently received tickets for that behavior. I don't see what kind of changes you can make to the law if a police officer either doesn't know it or doesn't care.

Then there are the bike lane tickets. The law says you can leave the bike lane to execute a left turn, and there were tickets for that, too. Now I could see where this could be a matter of different judgement calls: cyclist leaves the bike lane when s/he judges it to be safe, but the officer thinks they left it too soon. That is so subjective. What I judge adequate time/distance in a neighborhood here is totally different from what I judge downtown. Downtown can differ greatly depending on traffic conditions. My judgement differs even more when I leave the bike lane on a higher speed suburban arterial to make a left turn. I give myself a lot more distance there. I'd consider myself an "intermediate" cyclist in terms of these kinds of lane manuevers. A cyclist with more experience might not need as much distance out of the bike lane, a cyclist just beginning to ride in traffic may need more. Some of our traffic cops are cyclists and/or have been or currently are on the bicycle patrol. Many haven't been on a bike since childhood, let alone tried to ride a bike downtown since joining the police force. How can they possibly be a good judge of legal manuevers under such a subjective law? Now, I'm personally no fan of laws that require one to remain in the bike lane, but I think Oregon has a decent list of exceptions. Unfortunately, this law is only as good as who is enforcing it. I've had the opportunity to encounter some really great, level-headed cops working in the Traffic Division who even have positive attitudes about cyclists, but obviously some of the least common denominators were out working on Wednesday.

This has not been a particularly placid summer for people riding a bicycle in Portland. After the radio DJ thing and some of the road rage that stemmed from that, plus the fixie ruling less than a week before, this feels like a slap in the face. I know the police have been having Wednesday cyclist actions for quite a while, but this last one was really over the top.

I would like to see the Portland Police Bureau release a breakdown of the kinds of tickets that were issued.
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