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Raging cyclist hoisted on own petard

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Old 09-15-11, 11:40 AM
  #26  
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Originally Posted by Daves_Not_Here
Question I have is did the police make the right call? Is there any law against a truck parking in a bike lane?
In Texas, there is no prohibition from parking in a bike lane unless there are signs that specifically say "No Parking." I brought this up with a local bike advocate and public official who is well versed in this kind of stuff. He read the law, and reviewed it with the chief of police and with a local judge and they all came to the same conclusion.
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Old 09-15-11, 12:02 PM
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Originally Posted by CbadRider
According to the CA DMV handbook: "You may park in a bicycle lane if your vehicle does not block a bicyclist and/or there is not a "No Parking" sign posted."

I suppose the truck driver could argue that there were no cyclists around when he parked. Otherwise it seems like he is in the wrong.
"No cyclists around" doesn't work as an excuse because the cyclist would be blocked even if the driver wasn't aware of it (that is, the law is violated whether or not the driver is aware of it).

The "not blocking" means that it's feasible (and safe) for the bicyclist to pass the parked vehicle.

=============

Originally Posted by Paul Barnard
Or he could argue that he was stopped and not parked.
If the driver is out of the vehicle, the vehicle is parked.
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Old 09-15-11, 12:06 PM
  #28  
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if they deliver less packages they probably get paid less
and whose problem is this?

If taxi drivers obeyed the law, they might make less money, too. Doesn't mean I have to give damn about what they want.
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Old 09-15-11, 12:10 PM
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Originally Posted by Bekologist
Sounds like one of the cadre of indignant gladiators, riding around with a chip on their shoulders, looking for and being hyper-affected by every perceived transgression against them.
Bek nailed it.
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Old 09-15-11, 12:56 PM
  #30  
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Originally Posted by tadawdy
and whose problem is this?

If taxi drivers obeyed the law, they might make less money, too. Doesn't mean I have to give damn about what they want.
that's correct, you don't have to give a damn about anyone but yourself
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Old 09-15-11, 01:55 PM
  #31  
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And you better never ever be caught walking in that bike lane or captain blowhard will be on the scene to make sure you pay by the good graces of his frame pump.
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Old 09-15-11, 02:14 PM
  #32  
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Originally Posted by njkayaker
"No cyclists around" doesn't work as an excuse because the cyclist would be blocked even if the driver wasn't aware of it (that is, the law is violated whether or not the driver is aware of it).

The "not blocking" means that it's feasible (and safe) for the bicyclist to pass the parked vehicle.
So if the nearest lane in the road was clear and the cyclist could easily go around the truck, the officer was right.
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Old 09-15-11, 02:22 PM
  #33  
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Originally Posted by rydabent
Right or wrong delivery trucks seem to be able to pull up and stop ant damned place they want to. No matter who they are blocking the police turn a blind eye. Slap the letters UPS on your truck, and you can park anywhere. In the case cited, the cyclist is just peeing into the wind.
I'm glad the police turn a blind eye to legal, productive behavior.

I have a generic delivery truck with no labels -- our staff parks wherever they damn well please and never gets hassled when they make deliveries.

You're right about his peeing in the wind -- he chose to pee, got it all over himself, and is now angry at the wind. A most excellent turn of events.
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Old 09-15-11, 02:33 PM
  #34  
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Originally Posted by gcottay
In my experience UPS trucks are effectively exempt from all parking regulations. <G>
Pretty much. I'm not sure if I've ever seen a UPS truck parked legally, outside of the UPS depot....

They're like four way stops or speed bumps, just a road hazard to go around, that's all. Pretty much not worth getting peeved over.
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Old 09-15-11, 02:49 PM
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Originally Posted by JonnyHK
he would have been truly hoisted on his own petard if said delivery truck was delivering a package to his house.
From BikesDirect?

KeS
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Old 09-15-11, 04:33 PM
  #36  
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There are 2 very different things a delivery truck can do that would be called parking in the bike lane. I know I see thenm totally differently and think the law does also. Perhaps 2 1/2 or 3 ways come to think of it.

A truck can be parted with the wheels withing 18 inches of the curb with the left hand part of the truck partly or completely blocking the bike lane (Lacking no parking signs of course). I have no problem with that and I do not think the law does either.

The half to one case is the same but with wheels more than 18 inches from the curb. That is not legal and does bother me if the truck is blocking a significant part of the bike lane.

The other extreme is cars parked to the right of the bike lane and the truck double parked. Illegal and worth getting pissed off about.

With the police saying it was legal I'm inclined to think this was the first case and a overzealous cyclist.
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Old 09-15-11, 04:34 PM
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Originally Posted by Poguemahone
Pretty much. I'm not sure if I've ever seen a UPS truck parked legally, outside of the UPS depot....

They're like four way stops or speed bumps, just a road hazard to go around, that's all. Pretty much not worth getting peeved over.
I see them all the time. Of course I work in an office park and there is a loading zone space right outside our front door.
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Old 09-15-11, 04:37 PM
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One more reason why bike lanes suck. Why cycling advocates hammer so hard for these useless lines o' crap, I'll never figure out.
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Old 09-15-11, 05:00 PM
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Originally Posted by Paul Barnard
Play with this for a while. What is the difference in parking and stopping?
Stopping or standing - the driver is still in the vehicle.
Parking - the driver is not with the vehicle.

When a delivery driver gets out of his vehicle and takes a package inside the vehicle is parked. If a taxi driver is waiting in his taxi for a fare he is stopped.

In either case the cyclist should have just ridden around the vehicle and continued.
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Old 09-15-11, 05:26 PM
  #40  
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More information -- I think this is the street where it happened:

https://g.co/maps/4fejk

I've riden this street many times -- it is a calm, sleepy residential area with a wide road, courteous drivers, and light traffic. Getting safely around a UPS truck in the bike lane here could not be easier.
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Old 09-15-11, 05:39 PM
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Originally Posted by Daves_Not_Here
-- our staff parks wherever they damn well please .
UPS here does the same. They double park, block a lane of traffic, etc and so on.

If they followed all the parking laws, they wouldn't be able to deliver a third of the volume they do. Shipping costs would be higher, etc.

Sure, it's annoying at times. So what, life is annoying at times.
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Old 09-15-11, 06:08 PM
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When I had a Michigan CDL ( loooong ago), I could stop anywhere to make a delivery, as long as it wasn't posted,
NO PARKING
NO STANDING
NO STOPPING
Or a specific city/local ordnance prohibiting such actions. Usually during specific hours.
Standing was interpreted as engine running and signaling device actuated, as not all trucks/vehicles had 4 ways then.
I know that UPS drivers do not leave there engines running anymore, not even for a 60 sec. stop. But, the 4 ways are flashing, even at the delivery door at the back of the building or in a parking lot.
The only city in Michigan, that I know of, that has bicycle specific lanes is Ann Arbor.
I have seen UPS, FED EX, USPS vehicles STANDING in those lanes, making deliveries. They either impede a few cyclists by stopping in the bike lane or impede several dozen cars and possibly an emergency vehicle by stopping in the middle of the street.
Their only other choice would be to not make the delivery.
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Old 09-15-11, 06:30 PM
  #43  
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Originally Posted by Daves_Not_Here
I've riden this street many times -- it is a calm, sleepy residential area with a wide road, courteous drivers, and light traffic. Getting safely around a UPS truck in the bike lane here could not be easier.
seems about right, the google streetview vehicle saw very few moving vehicles. There are plenty of people parked in the bike lane, looks like a shared parking/bike lane, which is a bit of an ugly thing
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Old 09-15-11, 07:21 PM
  #44  
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Originally Posted by unterhausen
seems about right, the google streetview vehicle saw very few moving vehicles. There are plenty of people parked in the bike lane, looks like a shared parking/bike lane, which is a bit of an ugly thing
Good point -- when riding on that road, we're in and out of the lane all the time anyway based on the door zone. A delivery truck is just like another door zone. Riding around obstacles and changing lanes is a pretty basic cycling skill that usually does not involve alot of emotion and drama.

In fact I would go so far as to say that a cyclist who becomes enraged at encountering an vehicle that they must change lanes to pass is the same level of lifeform as a motorist who becomes enraged when they encounter a cyclist that they must change lanes to pass.
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Old 09-16-11, 01:59 AM
  #45  
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Originally Posted by CbadRider
According to the CA DMV handbook: "You may park in a bicycle lane if your vehicle does not block a bicyclist and/or there is not a "No Parking" sign posted."

I suppose the truck driver could argue that there were no cyclists around when he parked. Otherwise it seems like he is in the wrong.
True, but the handbook is not the law and can't be used to cite people. I'm not sure what law could be used to cite a motorist for this; the language I found does not prohibit parking in a bike lane absent a No Parking sign. There is one that prohibit blocking a bike path or trail, and some argue the language could still be used in defense of bike lanes, but I think that is theoretical and I wouldn't hold out much hope for it.

EDIT: Here's the bike path law:

Originally Posted by CA VC 21211
21211. (a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.

(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.

(c) This section does not apply to drivers or owners of utility or public utility vehicles, as provided in Section 22512.

(d) This section does not apply to owners or drivers of vehicles who make brief stops while engaged in the delivery of newspapers to customers along the person's route.

(e) This section does not apply to the driver or owner of a rubbish or garbage truck while actually engaged in the collection of rubbish or garbage within a business or residence district if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously.

(f) This section does not apply to the driver or owner of a tow vehicle while actually engaged in the towing of a vehicle if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously.
Amended Ch. 517, Stats. 1993. Effective January 1, 1994.
Amended Sec. 21, Ch. 1007, Stats. 1999. Effective January 1, 2000.
Amended Sec. 7, Ch. 127, Stats. 2001. Effective July 30, 2001.
And the relevant Streets and Highways Code:

Originally Posted by CSaHC S 890.4
As used in this article, "bikeway" means all facilities that
provide primarily for bicycle travel. For purposes of this article,
bikeways shall be categorized as follows:
(a) Class I bikeways, such as a "bike path," which provide a
completely separated right-of-way designated for the exclusive use of
bicycles and pedestrians with crossflows by motorists minimized.

(b) Class II bikeways, such as a "bike lane," which provide a
restricted right-of-way designated for the exclusive or semiexclusive
use of bicycles with through travel by motor vehicles or pedestrians
prohibited, but with vehicle parking and crossflows by pedestrians
and motorists permitted.
(c) Class III bikeways, such as an onstreet or offstreet "bike
route," which provide a right-of-way designated by signs or permanent
markings and shared with pedestrians or motorists.
So, unfortunately, since they specify subdivision (a), I don't think it could be read to be against the law, at least not using this law. I'd be happy to be proven wrong though, since I think it's silly.

Last edited by sudo bike; 09-16-11 at 02:09 AM.
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Old 09-16-11, 04:06 AM
  #46  
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Originally Posted by Triode
If they followed all the parking laws, they wouldn't be able to deliver a third of the volume they do.
Sure they could; they can just send out the little "We're pretending we knocked on the door. Come pick up your squashed and oil-soaked package at the depot in the back lot of the topless bar between 10:57 and 11:13 on New Year's Day or February 29th or we'll return it to the sender." cards via USPS.

Do they deliver anything else?
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Old 09-16-11, 05:50 AM
  #47  
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Originally Posted by njkayaker
"
If the driver is out of the vehicle, the vehicle is parked.

That is not correct. Most states have provisions for the loading and unloading of passengers and packages.

Example of a State Statute ( Illinois) defining the term parking
625 ILCS 5/1-156 Park or Parking
Sec. 1-156. Park or Parking. Means the standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers.
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Old 09-16-11, 05:51 AM
  #48  
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Originally Posted by skye
One more reason why bike lanes suck. Why cycling advocates hammer so hard for these useless lines o' crap, I'll never figure out.
They are not universally useless. Coastal MS has done a good job of developing some very useful dedicated bike lanes.
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Old 09-16-11, 05:53 AM
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Originally Posted by kabersch
Stopping or standing - the driver is still in the vehicle.
Parking - the driver is not with the vehicle.

When a delivery driver gets out of his vehicle and takes a package inside the vehicle is parked. If a taxi driver is waiting in his taxi for a fare he is stopped.

In either case the cyclist should have just ridden around the vehicle and continued.
Nope, see the above post.
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Old 09-16-11, 06:06 AM
  #50  
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I have never been "militant" about sharing the road and would never have given the UPS truck a second thought, and I really strain to see why any rider would let something so insignifcant take up any headspace and ruin an otherwise nice ride. If some @hole ran him into a parked car or turned in front of him at an intersection I would understand the attitude, but getting upset over a parked truck that could have been passed without further regard?


Me thinks that the rider was being stressed out but other "forces of life" and used the truck as an excuse to vent.....
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