matthew_deaner

I was just wondering if this happened to anyone else...

I was commuting in to work this morning. The roads were wet, and there were some light snow flurries. The roads were not slick, but there was a forecast for up to 2-inches of snow accumulation for later in the day, so there were a lot of snow trucks on the roads. 15-miles of my commute is along a busy state highway. It has a fairly wide shoulder, so I don't slow traffic down and it's fairly safe.

Anyway, so I'm about 13-miles into my 20-mile one-way commute, and there is a cop, in an unmarked SUV, waiting for me with his lights on. As I approached, he got out of his truck, and motioned for me to stop. He told me that it wasn't safe to ride alongside the highway with all the snow trucks and semis out, and that I should take a sideroad for the remainder of my commute. We then "negotiated" the route I would take.

Overall, he was nice about it, but I don't think he had the right to tell me to deviate from my route. But I did as he told... I was worried about what he would do to me if I refused... Anyway, taking the backroads only adds 10-minutes to my commute, so that's what I did. He drove by me later, obviously checking on me.

Not the Slowest

HMMM..

Rule #1) Never argue with "the man"
Rule #2 ) See Rule #1
Rule #3) Even if "the MAN" is a WOMAN, ohh yeah see rule #1.

He can and does have the power and legal authority to close a road or street or even prevent
you from entering your home if it is a matter of public safety. You are the public in this case.

Of course you mention the word "Highway" as the road you were on. In most states cyclists are not allowed on Highways. So I will assume its a local city highway.

Just a note: The pain one feels from a Salt spreader is very painfull and the roadway can and does become very treacherous.

In anycase, keep biking and as I say "Tommorow is another day for biking why die today?"

Be careful and ride hard

Rob

acroy

welp, this just lends credence to the fact that even though cyclists have the legal right to the road, the road is built and meant for cars.

The cop just wanted to avoid an "incident". Scraping cyclists off roads is chilly, time-consuming work.

Cheers

tjspiel

What do snow trucks do on the road while there's no snow accumulating on them?

That aside, the road crews and snow plow's right to the roads trump mine (in my opinion).

kyselad

I'm no legal expert, but I'm pretty sure the police have a mandate to use their discretion in prescribing safe behavior. For example, if it gets hairy enough on the highway, they can close the damn thing to motorists. (I suppose that's actually the transportation dept, but the cops enforce it in any event.)

It sounds like there was a potentially unsafe condition, and the cop made a reasonable compromise that slightly inconvenienced you in order to ensure your safety. If he felt there was a safety issue, ignored it, and something happened, it would have ended up on his head (and his conscience). Somewhat annoying that he felt the need to "check up" on you.

seafoamer

L0L3rcyclez!!11!!

D0ugB

Which highway were you on? where do you commute to? (I only ask 'cause I'm familiar with the area)

matthew_deaner

West State Road 46, right outside of Ellitsville. I ended up hanging a right on Sale Street in Ellitsville, then took Woodyard Road in to Bloomington. I usually take SR 46 all the way in.

tjspiel

A few years ago a camera crew from one of the local news stations spent an evening filming from the cab of a snow plow to give people an idea of what these folks have to deal with. It's bad enough that they're often driving in low visibility conditions, they've got to concentrate on plowing AND not smacking into drivers that don't give them near enough room to do their jobs.

In my view, when a plow is on the road, the cyclist should give them a VERY wide berth up to and including getting off the street altogether.

jimisnowhere

Well between the choice of highway and ten extra minutes on side streets I'd probably always take the side streets.

kyselad

Salt/sand?

matthew_deaner

The thing is, I feel like the side streets are actually more dangerous most of the time. With today's weather, they probably are safer. But the country roads around here are narrow, curvy, and hilly. I've had some close calls on them - and NEVER on the shoulder of the highway. On the highway, I'm off of the road and out of the way. On the country roads (where folks generally travel around 50-60 mph most of the time) I'm right in the road. I've had folks come roaring out of blind curves or over the tops of hills and come very close to me.

I still take both routes (country roads vs. the highway) but in general, I feel safer on the highway.

tate65

In most states the officers do have the legal right to ask you to leave the roadway for safety from what I have read, they can close a road temporarily to all or certain vehicles based on conditions.

In most states cyclist can travel on state highways that do not have limited access. Most laws in states limited access is defined based on access to the roadway being limited to ramps and that they are seperated from general roadwyas. For example in Texas:

CHAPTER 203. MODERNIZATION OF STATE HIGHWAYS; CONTROLLED ACCESS
HIGHWAYS


SUBCHAPTER A. GENERAL PROVISIONS


§ 203.001. DEFINITIONS. In this chapter:
(1) "Controlled access highway" means a designated
state highway to or from which access is denied or controlled, in
whole or in part, from or to adjoining real property or an
intersecting public or private way, without regard to whether the
designated state highway is located in or outside a municipality.

SUBCHAPTER C. CONTROL OF ACCESS


§ 203.031. CONTROL OF ACCESS. (a) The commission, by
order entered in its minutes, may:
(1) designate a state highway of the designated state
highway system as a controlled access highway;
(2) deny access to or from a controlled access highway
from or to adjoining public or private real property and from or to
a public or private way intersecting the highway, except at
specific locations designated by the commission;
(3) close a public or private way at or near its
intersection with a controlled access highway;
(4) designate locations on a controlled access highway
at which access to or from the highway is permitted and determine
the type and extent of access permitted at each location;
(5) erect protective devices to preserve the
integrity, utility, and use of the controlled access highway; and
(6) repeal an order entered under this section.
(b) This section does not alter the rights of a person under
another law of this state to compensation for damages caused by the
exercise of the commission's powers.

vik 

Well Rob every highway in Canada that I've ever used has been open to cyclists. About the only place I've ever come across that was closed were city freeways that had little or no shoulder - I didn't argue about that one!

My commute is 25kms along a provincial highway and I've never had any trouble.

I agree though I wouldn't argue with a cop unless he was totally nuts. In this case he may well have had a point - though he is probably not a cyclist and so was most likely being highly over cautious. At least he was interested in the OP's safety - that's a good thing!

edzo

always do what a cop says.

challenge him/her in court later, if you are in a ruffle over it
----------

on snowy days, that cop is just plain tired of scooping someones brains off the curb, and
he is really making sense by suggesting you ride elsewhere. some ****** in an escort wagon
will come flying by and wipe out into you on a snowy day....cops was just being careful

littlewaywelt

If I have a right to be on a certain road and I'm complying with the law, quite frankly I'm not getting off just because a po says so. I'd very politely and respectfully ask for a warning or a citation. With that in hand I would comply with him and move where he wanted me to go. Interactions like this (however unlikely and infrequent) are just one more reason Santa is adding the oregon scientific video camera to my handle bars.

D0ugB

My folks live just west of the B. G. Hoadley quarry on old 46(Arlington Rd) as you head into town. I'd assume you take old 46 once you get to the other side of Ellettesville. Was the weather really so bad that cop thought you were in danger. I did not ride in today mostly because we got about 4 inches of snow overnight and the roads were definitely not clear this morning.

matthew_deaner

Yes, I usually take old 46 once I get past Ellitsville.
Regarding the weather - no, it wasn't bad. There was some very light, spitting snow and wet roads. No accumulation. No ice. Temp was about 30-degrees.

I think his main concern was the salt trucks - they take up a lot of room. That, and he probably thought I was crazy. I did tell him that I took that route every day, and he was visibly surprised.

kyselad

If the condition is unsafe, then you're no longer complying with the law. I'm not a police apologist and I have plenty of gripes with the way many cops treat cyclists, but this sounds like a perfectly lawful instruction, so I don't see the problem. If you truly think you're within the law, requesting a citation and challenging it later is at least a good way of taking up the issue.

dwood

kyselad said:
it would have ended up on his head (and his conscience). Somewhat annoying that he felt the need to "check up" on you.

There's another way to look at this. The cop was sending you off on side roads, probably with less traffic, and with the knowledge that weather conditions were poor. The fact that he 'checked on you' might have been that he was concerned more for your well-being than whether or not you were obeying his instructions.

DON

JanMM

In Indiana, bicycles are vehicles and have an absolute right to be on the roads, highways, etc. except marked roads such as interstates. But, you gotta obey the good officer. What a load of crap, saying that it's not safe because of semis, tho. Salt trucks might be a real concern. Sounds like the officer just doesn't believe bikes should use highways.

edzo

---this argument only works on clear, dry, sunny days, with light traffic, and no road hazards.---


otherwise, it is up to the traffic officer to decide for you, if you can travel safely on that road.

and it is your responsibility to do what the officer tells you.

your rights are to argue in court later, or file a suit against the officer.

do what the officer says when he says it...or expect a wood shampoo

tinydr

"Responsibility to do what the officer tells you"?

That might be going a bit far, depending on what the specific laws of Indiana say about cyclists and state highways... On the otherhand, he's the man with the ticketbook, and he's probably trying to look out for cyclist's safety, so it's good sense to just do what the man says under those particular circumstances.

I am curious as to what kind of suit one would file against the officer for instructing a person to take sidestreets due to inclement weather...? Offhand I can't think of any that would get a person anywhere.

(IANAL & TINLA)

littlewaywelt

I'm acutely aware of my rights and responsibilities which is why I said I would do as the officer advised after getting a citation in my hands. He has to either let me go on my way or if I choose not to obey him, to arrest me.

Wood shampoo? He tries that and he'll be fighting for his career. ..again, one more reason to have a camera.

dr. nate

I would rather have an officer stop me out of concern for my safety. A few weeks ago I was riding with Chevy42083 from here and a Fort Bend County Sheriff's Deputy stopped us to tell us that there were some wild pigs running lose and that we should watch out for them (we were headed back to town). I thought that was a nice gesture on his part.

-Nate