You'll Never Believe Where She Got This Ticket

A decade ago, a driver upbraided me for not riding in a bike lane.  None was present along the avenue where we encountered each other.  I pointed out that out to her. Still, she insisted, I should have been riding in the lane (where nothing but a line of paint separated cyclists from motorists) on a nearby avenue which parallels the one I was riding.

I politely told her I was going someplace on the avenue where we crossed paths. (Pun intended.) "Would you drive along a street that doesn't take you where you want to go?"

She then launched into a lecture about how riding on the path is safer than riding on the street, which revealed that she wasn't a cyclist.  Her claim that she had to go somewhere at that moment revealed that she'd lost the argument.

The reason why that exchange stays with me is that it revealed one of the many misconceptions that guide, not only everyday motorists, but too many planners and policy-makers.

Even in that supposed cycling Nirvana of Portland, Oregon.

On Monday, a police officer pulled over and cited a woman for not riding her bike in a lane.  To be fair, the law she, a daily bike commuter, violated was not specific to the city but, rather, an Oregon state law. ORS 814.420 states that "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."

Photo by Jonathan Maus, Bike Portland

When folks like me don't use the bicycle lanes--including the one that runs right in front of the building where I live--we are accused of being "reckless," "entitled" or worse.  Truth is, sometimes it's more dangerous to ride in the bicycle than in a traffic lane.  Too often, drivers park or pass, or pick up or discharge passengers, in bike lanes.  I've even seen cops munching on their donuts or sandwiches in the cruise cars they parked in a bike lane.

If I am headed northbound on the Crescent Street lane, I am riding against the direction of vehicular traffic. (Crescent is a one-way southbound street.)  If a car, van or truck pulls into the bike lane, for whatever reason, I have two choices. One is to detour onto the sidewalk.  That option, however, is negated when the vehicle in question is from a contractor or utility company and construction or repair work on a building or power line obstructs the sidewalk.  Such a situation leaves one other option:  to veer into the edge of a lane where the traffic is going in the opposite direction.

Also, I've ridden along too many lanes that make it more dangerous for a cyclist to cross an intersection than crossing from a traffic lane would.  To make matters worse, some folks like to end their evening revelries by smashing their booze bottles, or dumping other debris, onto the lane.  And some lanes are hazardous simply because they're poorly constructed or maintained.

As I have never been in Portland, I don't know about the bike lane the ticketed woman was "supposed" to ride.  But, because she has commuted by bicycle on that same route for eight years, I don't doubt that she has encountered some or all of the hazards I have described, and possibly others.  If only the police in Portland--that supposed Mecca for cyclists--and Oregon lawmakers understood what that woman, or I, encounter regularly, they might finally understand that simply building a bike lane is not enough to ensure the safety of cyclists--or motorists.

To Keep Cars Out Of Bike Lanes

One reason why I, and other New York City cyclists, don't use bike lanes is that motorists too often use them as passing or parking lanes.  

One of the most dangerous situations I encounter is only a block from my apartment.  The Crescent Street bike lane, which runs right in front of my door, is a two-way path separated from the one-way street by bollards (flexible posts).  If I am pedaling north, the direction opposite the traffic, and a vehicle--usually a taxi or Uber vehicle--pulls into the lane to drop off or pick up somebody at the Mount Sinai Hospital entrance--there is no place to go except into the traffic lane because, as often as not, the sidewalk is also blocked.

Such scenarios are repeated  in bike lanes all over the city, often by drivers who have less legitimate reasons for pulling into the lane than the ones who stop at Mount Sinai.  

Brad Hoylman. Check out his tie! (WireImage)

Thankfully, two New York State legislators--who, not surprisingly, are cyclists--have taken note of this problem.  They are proposing that cameras of the type used to catch speeders and red light-runners to detect scofflaw drivers in bike lanes.  Under their proposal, 50 locations--mainly in physically-separated bike lanes like the one on my street--would be the first to receive the cameras.   "We think there needs to be enforcement," said Brad Hoylman a State Senator from Manhattan and one of the sponsors of the proposal. 

Zohran Mandani (Photo by Brigitte Stelzer)

The proposal's other co-sponsor, Zohran Mandani, a State Assemblyman from Brooklyn, admits that the proposal won't be a "silver bullet" to keep the lanes clear.  He and Holyman explained, however, that knowing the cameras are in use could be a deterrent, as they are for drivers who might otherwise break other traffic laws.  So would the prospect of a $50 fine.

To be implemented as a policy, the proposal needs the approval of the New York City Department of Transportation, which has indicated that it would support such legislation.

Sometimes It Takes A Ukrainian To Do What An American Won't

Not many people have to look for reasons to support Ukraine in their battle against Puto's, I mean Putin's, invasion.  Even so, I will offer one more.  

A Ukranian prosecutor has done something law enforcement officials and the justice system in the US rarely, if ever, do.  Prosecutor General Iryna Venediktova has filed to indict someone for killing a cyclist.

Of course, the circumstances are a bit different from the all-too-typical DUI hit-and-run or the MAGAt in a pickup truck who plows into an organized bike ride. So far, the victim in this case has been identified only as a 62-year-old Ukranian civilian who was riding his bike home in the Sumy region of the country when Russian militants shot him in February, shortly after Putain's, I mean Putin's, invasion begin.

Veneditkova announced her action Wednesday on social media websites.  Her indictment of one of those soldiers--identified as Vadim Shishimarin--is the first of a soldier for killing a civilian during the conflict.  If convicted, he could face 10 to 15 years or life, depending on the charge. 

A cyclist in Debaltseve, Ukraine, 20 February 2015. Photo by Vadim Ghirda for AP.

It's terrible that someone riding his bike didn't make it home because soldiers shot him.  I feel bad for his loved ones, whoever they are.  But it's good to know that a prosecutor is actually trying to bring his killers to account--even if she's charging one of them for a war crime (at least, as I understand the definition of that term) rather than a crime against a cyclist.  

Maybe They'll Get It Right...Some Day

I think it was Winston Churchill who said that Americans will do the right thing after they've exhausted all other possibilities.

Sometimes I think he was an optimist, at least when it comes to laws and polices regarding bicycles.  In my own humble (OK, I gotta say that:  I know I'm right because...well, I'm so damn smart and I've been riding for almost half a century!) opinion, no vehicle--whether it has one, two, three, four or more wheels--with a motor should be allowed in any lane designated for pedestrians, pedaled bicycles or any vehicle that doesn't have a motor.

I've presented my wisdom, I mean, opinion to everyone from the folks at Transportation Alternatives (of which I'm a member) to City Hall.  The response is almost always the same: "You're right. But how could it be enforced?"

So, we have to contend with "rocket" scooters, e-bikes with boosters, and hand-throttle e-bikes in bike lanes that are six feet wide--for bike traffic in both directions.  Or, in some places, we and pedestrians are "protected" by wrongheaded regulations.

The new year will begin with such a policy for folks who cross the Golden Gate Bridge.  Starting on 1 January, there will be a one-size-fits-all 15 MPH speed limit in the bike/pedestrian lane.  Currently, bridge-crossers are "advised" to remain within that limit.

Photo by Sherry LaVars, for the Marin Independent Journal

While I understand the concerns of pedestrians (having walked across a number of bridges, including the Triborough/RFK and Queensborough/59th Street, in bike-ped lanes), I can also say that most cyclists who are going more than 15 MPH have a commensurate level of handling skills.  The same cannot be said, I believe, for folks riding e-bikes and motorized bikes and scooters at 25 or 30 MPH.  Plus, a motorized bike (which, as often as not, is really just a scaled-down motorcycle) can inflict more serious injury or damage than a pedaled bicycle at any given speed.

My hope is that Churchill will be proven right and whoever came up with the new Golden Gate Bridge regulation will realize the error of it and come up with something more sensible--like, say, banning anything with a motor from the pedestrian/bike lane.