February 18, 2008

Harassment on the Road: The Battle for a Cyclists’ Bill of Rights Rages On

Currently, the portion of the vehicle code which addresses cyclists looks as if it must have certainly been drafted by someone who does not ride a bike. Where the vehicle code allows for certain ambiguities, the proposed Cyclists’ Bill of Rights leaves little to the imagination, although it is even more concise than the present code. Rather than merely covering what a bicycle is restricted to, the bill reassures cyclists of the safety and accommodations to which they are entitled. The new bill explicitly proposes that bicyclists have the same rights as cars have on the road including the right to adequate space on the road, the right to be considered during community planning, and the right to a supportive and protective law enforcement system. It also would hold cyclists responsible for ignoring roads laws; they would be ticketed just as if they were in a car.

While searching through a number of blogs, I encountered several which addressed the main themes addressed in the Bill of Rights. The first, Mass. Bike and the Bill of Rights and Responsibilities, was posted by Damien Newton on Street Heat. His comment addresses the legislative history and struggles faced by the bill. Later, considering some of the problems which are caused by the lack of such legislation, I came upon another blog called Westside BikeSIDE! by Alex Thompson, which is dedicated to the culture of bicycles in West Los Angeles as well as local rides and activism. This post, Police: Ignorant of Bike Laws? Make Them Up! discusses some of the problems caused by the vague language in the vehicle code. It also led me to a number of other postings in which the safety of cyclists was compromised because of misunderstandings or a total lack of knowledge of the vehicle code.

Mass. Bike and the Bill of Rights and Responsibilities”

Comment: However briefly, you quite effectively outlined for your readers what the Bicyclists’ Bill of Rights and Responsibilities intended to do: create equality between bikes and cars, for better and for worse. Your post discusses the bill’s near success in 2006 by Lieutenant Governor Kerry Healey, stating “Healey’s excuse for the veto showed a complete misunderstanding of what the legislation was about.” It seems that this is a common problem with trying to get bicycle legislation passed in our country: getting people to listen, and one we do, convincing them of its significance. This post made me think about what drivers ultimately stand to gain from the practical application of this bill, even though it seems few of them realize it. Especially in Los Angeles, a police officer will rarely stop to scold or ticket a cyclist unless they are doing something truly dangerous; they simply seem to have better things to worry about. With this bill of rights in effect, drivers could count on bikers being held accountable for running stop signs or red lights, which happens often since they know they can get away with it. You also mention “retraining” for police officers, which I would have liked to read more about. I think every officer has a different standard for what constitutes law-breaking on a bicycle. In my experience, most police will leave a well-lit, safely riding biker alone right up until someone in a car gets upset. You have more than likely heard about the Hollywood bus driver who blared her horn and passed a cyclist within inches then berated him at the next stoplight, later rolling over his bicycle when he pulled in front of the bus to stop her from leaving while he called to report her. This is yet another of so many examples of cyclists being treated like second-class citizens simply because the current vehicle code is insufficient to inform drivers and even cops of harmonious street etiquette. I completely agree that patience and continued efforts in a number of different “baskets” is the only way to ensure that in time the streets will be a safer place to ride.

“Police: Ignorant of Bike Laws? Make Them Up!”

Comment: I enjoyed your post on the ignorance of police officers as to the specifics ignored in the California Vehicle Code. By passing new laws about bikes we have an opportunity as a society to reeducate the public, drivers and police alike, as to how to interact on the road with cyclists. Most cyclists that I know have made it their business, their duty, to learn the ins and outs of the vehicle code in the name of protecting themselves against those who would harass them on the road. I appreciated these anecdotes of unfair treatment as I have often heard stories of this nature, but usually the perpetrators are angry car drivers rather than those who supposedly patrol the streets enforcing the law. Your reaction to these hypocrisies is understandable and admirable. Of the people I know who have experienced similar things, almost nobody has been able to properly complain about what has happened to them since usually the act is committed by an angry, uninformed driver or bus. In these situations, because it is difficult to file a formal complaint, bikers usually react by knocking against windows of the car or catching up to whoever has cut them off and enlightening them on the true rules of the road. It is simply unfortunate that many drivers choose to remain in this state of ignorance rather than inform themselves, and that the officers designated to protect cyclists often remain biased against them.

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