katinka

Last month, I was riding my bike in the left hand turn lane of a road. I am in this lane for about 1/10 of a mile, and I was taking the lane because it is not very wide, and at the end of the lane, there is a concrete median that is about 40 or 50 feet long.

Anyhow, a car came up behind me and was frustrated by me existed and really laid on the horn for a really really long time and scared the crap out of me, and then proceeded to pass me anyhow. The light was red at the intersection, naturally, so I caught up his the driver and tried to explain why I was riding in the manner I was. Seriously, I have a speech all ready to go and sometimes it goes fairly well. This did not go well at all, and the driver was convinced I should not be riding in the road (or highway as he likes to call it), and I backed my bike up and took a pic of his plate and made a police report. When the police spoke to the driver, he claimed I was weaving all over the road, and it was still clear to me that he does not understand how to safely drive around cyclists.

So, while the police officer did not see it happen, it turns out in New Jersey, you can file the charges yourself (or your lawyer) and he will have to come to court. I met with a police officer who then told me what charges to file, and I filed these: Careless Driving, Harrassment, and Illegal Passing.

Not to be outdone, the driver has responded by filing a complaint against me. I sort of hope he goes first because I am really interested in how the turning charge applies. I also am thinking he did not really read the things he charged me with, as the first exception with the keep to the right rule is when turning left. Here are the 3 tickets I received:

39:4-127. Backing or turning in street
No vehicle shall back or make a turn in a street, if by so doing it interferes with other vehicles, but shall go around a block or to a street sufficiently wide to turn in without backing.

Failure to Keep Right
39:4-14.2, 39:4-10.11 Operating Regulations.
Every person riding a bicycle on a roadway shall ride as near to the right roadside as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction. A bicyclist may move left under any of the following conditions: 1) To make a left turn from a left turn lane or pocket; 2) To avoid debris, drains, or other hazardous conditions on the right; 3) To pass a slower moving vehicle; 4) To occupy any available lane when traveling at the same speed as other traffic; 5) To travel no more than two abreast when traffic is not impeded, but otherwise ride in single file. Every person riding a bicycle shall ride in the same direction as vehicular traffic.

Careless Driving
39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

I am sort of interested in knowing if anyone has filed a complaint against a driver and what the outcome was.

njkayaker

This law applies to vehicles who are (basically) U turning (or backing up) in the street in a way that "interferes" with other vehicles. It was probably motivated by people doing funky things to get to parking spaces!

It doesn't apply to vehicles turning off the road.

Good luck.

I wonder if you should talk to a local bicycle advocacy group.

Arschgaudi

So were you actually making a turn?

duke_of_hazard

I think it is also against the law to use your horn for intimidation as he did. That would be the #1 charge and give him the least credibility in court.

rumrunn6

good luck

bhop

If I filed a complaint against drivers that passed me too closely... well, I can't think of anything witty, but it'd be too much to deal with. I'm much happier just letting things go and enjoying the fact that i'm not stuck sitting in my car.

SCROUDS

Does anyone know what states you can do this in? I'm not sure if you can file charges yourself in every state.

JMallez

i think in most states you can file civil charges, but without evidence like a video camera or eye witnesses it comes down to your word against theirs, if you can show that their word can not be trusted then you have an edge, but it is still a loose case...BUT at the very least it might make the motorist think twice before endangering another cyclist and it will become a piece of data that could help cyclist safety in the future...Good luck with the case, all of the laws for not taking a lane are open to interpretation and are very loose.

i think #2 is the key to this one, take some pics of the roadway, measure the width of the lane (most states say if the lane is less than X feet you can take it since passing is not safe), document traffic flow at the time of day the incident happened, take pics of the shoulder especially any debris, hazards, etc. i personally think if any lane does not have a shoulder and has a drop off to the ground from the road that presents a hazardous condition warranting taking the lane. A gust of wind, large vehicle passing you, etc. could make you crash by going off this ledge. Maybe even look up cases that have argued this, the motorist doesn't have the right to determine what is a hazard on the right, only you do.

Failure to Keep Right
39:4-14.2, 39:4-10.11 Operating Regulations.
Every person riding a bicycle on a roadway shall ride as near to the right roadside as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction. A bicyclist may move left under any of the following conditions: 2) To avoid debris, drains, or other hazardous conditions on the right;

trackhub

You can do this in Massachusetts. Some police departments have posted the form on-line.
Medford, for example

I've never done this, so I can't say what happens. Any MA riders have any info?

B. Carfree

You can do this in Oregon too. Definitely update us on what happens. I am getting ready to invest in a helmet cam (or two) to do just what you are doing. I don't expect the level of cooperation with our local PD that you received, but I think it will be a worthwhile experience.

Chicago Al 

This is going to work out just great!

Leo H.

Good luck to you. I haven't gotten to the point of filing charges, or being asked to, but I did call and lodge a complaint about a car brushing by my in the bike lane and then, as I yelled at him (his windows were down and the stereo wasn't booming), he continued in the bike lane eventually drifting back into the traffic lane. I have had a police officer call me at work trying to find me last week, so things are moving slowly, but apparently in motion.

Leo H.
Sun Valley, NV

Speedwagon98

If you go to court well prepared, knowing all the laws that are relevant, having photo evidence, blah blah blah, most judges will look at that and give you a lot more credibility points than someone just shooing off at the mouth. So keep that in mind, and you can never be overdressed for court(well, maybe you can, but I don't think it's likely).

sakonnetclip

Reminds me of the pickup that passed me this past weekend and gave me a nice long pull on the horn AFTER he had passed.

The effing jerk had a three trumpet air horn mounted BACKWARDS on the roof of his truck. It was so loud it startled the crap out of me.

katinka

I was turning left. I really just want the driver to understand why I was taking the lane, and that it is legal and that blaring the horn like that at a cyclist is illegal and, um, uncool. Our town bans sidewalk riding for riders over 14. Anyhow, I will continue sticking with my thing that I just want him to understand how bikes are vehicles in the road. Seriously, I have had this conversation with a few people in the past in my town, and sometimes they are surprised to hear you can't ride on the sidewalk or whatever. This conversation went poorly from the get go, because he just kept telling me I was crazy, and it is hard to explain the finer points of lane position when you are becoming more agitated.

I have made contact with a few state advocacy groups, and I don't think anyone has really pursued this before. I have a lawyer who rides a bike and is happily taking this case. I am going to take pictures of the roadway and measure the lane width over the weekend. I blog for one local newspaper mostly about fun bike stuff and while I don't think I should write about it on that site, I think the blog editor is going to. I also heard from the traffic reporter from another local paper.

I picked up the driver's affidavit yesterday, and he states in it that I "may have been impaired or drunk" and that I tried to smash in his window. Right after the encounter, he told the police office I was weaving, and that I knocked on the window. I think the weaving description may be that I swerved when he scared the crap out of me. I need to find another more polite way to say that for the record. I know I should be mad, but the idea that I would be drunk and weaving all over the road at noon cracked me up. I hope that if that actually happens, someone does call the cops and also schedules an intervention.

Anyhow, he acknowledges he "tooted" his horn, and that I should not be riding my bike in the middle of the road and also that I kept yelling at him about "biker rights" in his affidavit, along with making my mom made by saying I was drunk.

katinka

The court clerk also told me yesterday that the judge wants to talk to us both before this case, and I am guessing he will suggest mediation.

shokhead

Mediation? You bet. The cyclist is always wrong and that will be just what both of them will be thinking but lets see what happens.

trackhub

It's amazing that someone would actually take the time and expense to install a horn system,
mounted backwards, for the purpose of intimidating cyclists, or anyone else that annoyed him.
But, that is a subject for another thread.

JMallez

i'm rooting for you! explain away....it is pretty ridiculous he claims you were drunk, riding a bike is hard enough already!

buzzman

This thread makes me think of an idea I came up with a while ago called- 1-800- BIKE- LAW. It would work like this: You hand the driver a business size card that says, "Don't like the way I ride? Dial 1-800- BIKE- LAW."

If they dial the number it has a menu where you simply press the state abbreviation (AL, AK...MA etc.) and a brief synopsis of the laws that apply to cycling in each state come up. For example these sound bites are from Mass Bikes Same Road/Same Rules Campaign:

"Bicycles Are Vehicles Too: The law says bicycles are vehicles, and it’s OK (and often safer) for them to ride in the middle of the lane. "

"Save The Squeeze Plays For Baseball: Stay a few feet away from bicyclists when passing “ don’t try to squeeze past them."

"The Truth About Bike Lanes: While cars must stay out of bike lanes, bicyclists do not have to stay in the bike lane."

"There’s No Nice Way To Honk: Honking can startle a bicyclist and cause a crash, so only honk when absolutely necessary."

There could then be a web address given should the person want the full text of the law.

What do you think? Would it help? Better than standing there getting in an argument every time.

idiotekniQues

where in jersey was this? (wondering because i live in north jersey)

Seattle Forrest

First of all, good for you. I hope you've managed to do a small, but positive thing.

My guess is that 80 % of your defense will be "He filed a complaint immediately after getting the ticket; it was obvious retaliation, and has no merit."

leob1

When you talk to the judge, at all cost remain calm and on point. Your points being that you where riding within the law, and felt threatened by the driver. I have a feeling that the driver will make himself look like a fool.
Where in New Jersey did this take place?

shokhead

And don't wear your bike gear!

radshark

A helmet cam would have been nice ...