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Pulled over and told to get off the road..again
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 2006-01-24 5:30 PM |
Extreme Veteran  562  |  Subject: Pulled over and told to get off the road..againThis week is starting to feel like a soap opera. Today, I play Bicycle Activist! Tune in next week, to see what happens... I rode to work this morning, and got "pulled over" by the same cop who pulled me over about 6 months ago, last August. Old post here: http://www.beginnertriathlete.com/discussion/forums/thread-view.asp... First, some background: I ride to/from work about 3-4 times a week, and that's where I get the majority of my cycling miles. It's a long ride, 17.5 miles, and because of the remote location I ride to, routes are limited. I've picked the best route I can but it still has drawbacks, including a short stretch on a multi-lane road (where he stopped me last time). The worst is a 2.8 mile section of road that's 2 lane with no shoulders. Fortunately, they are planning to widen it soon and that should help my safety. When the cop last stopped me, he seemed to think that I wasn't allowed to ride on the road at all and backed down when I stated the law was clear in allowing me to do so. Today I was on the narrow section of Brannanfield (2 lanes, no shoulder) and he told me I needed to pull off and let traffic by. I tried to be as polite as possible, told him I didn't mind doing so occasionally but didn't think the law required me to do so. I told him that I wasn't backing traffic up, in fact they regularly pass me and the dumptrucks turning further ahead slowed traffic much more.. He repeated his demand that I get off the road..it went downhill from there as I offered to give him a handbook of bicycle law.  He got angry then, told me I was wrong and I'd better go read my own handbook. He then threatened that he was going to cite me for obstructing traffic if he saw me again. Lovely. I went to work and checked the relevant statutes here He doesn't have a leg to stand on. The code actually allows a cyclist to take up the entire lane if it's too narrow for vehicles to pass safely! I'm sure that would go over well.. I plan to go and file a complaint at the police station tomorrow; I'm not going to spend time looking over my shoulder for this jerk. |
| 2006-01-24 5:33 PM in reply to: #330971 |
Elite 4344  | Subject: RE: Pulled over and told to get off the road..again In Tennessee, any slow moving vehicle is obligated to pull to the side if more than 5 vehicles are held up behind them. It is on the books but tough to enforce.TW |
| 2006-01-24 5:35 PM in reply to: #330971 |
Master 1462  Michigan | Subject: RE: Pulled over and told to get off the road..again Sounds like he has it out for you. I'd keep on riding. |
| 2006-01-24 5:53 PM in reply to: #330971 |
Champion 8903 | Subject: RE: Pulled over and told to get off the road..again Go to an attorney's office, most will give you a free initial consultation. Get a business card. Next time he stops you, hand him the card and tell him "It's in this guy's hands now!" |
| 2006-01-24 6:26 PM in reply to: #330971 |
Pro 3883 Woodstock,GA | Subject: RE: Pulled over and told to get off the road..again You could always just tell him "GFY"....although that might not be the best option |
| 2006-01-24 6:45 PM in reply to: #330971 |
Expert 893 Livermore, Ca | Subject: RE: Pulled over and told to get off the road..again I would push the issue get arrested and then sue the living hell out of them. I've always wanted a $10,000 bike. To follow up a little more. File a complaint with the local department. Out line when and where this officer stopped you and a few details. Then you can get him on harassment and violation of rights. Just think this guy could be out there stopping real crime. Edited by nbo10 2006-01-24 6:50 PM |
| 2006-01-24 6:57 PM in reply to: #330971 |
Elite 2421 | Subject: RE: Pulled over and told to get off the road..again KendallF - 2006-01-24 4:30 PM He then threatened that he was going to cite me for obstructing traffic if he saw me again. Lovely. That's so bogus, you know when he says that it means he can't. Especially having seen you before he so would've if he could've. bts |
| 2006-01-24 7:00 PM in reply to: #331029 |
| Elite 3650 Laurium, MI | Subject: RE: Pulled over and told to get off the road..again |
| 2006-01-24 7:14 PM in reply to: #330974 |
Master 1867 The real USC, in the ghetto of LA | Subject: RE: Pulled over and told to get off the road..again tech_geezer - 2006-01-24 5:33 PM In Tennessee, any slow moving vehicle is obligated to pull to the side if more than 5 vehicles are held up behind them. It is on the books but tough to enforce.TW i am faily sertain that in CA we have the same law, but it is limmited to one laned roads. BC they can pass by changing lanes. |
| 2006-01-24 7:53 PM in reply to: #330971 |
| Subject: RE: Pulled over and told to get off the road..again I would assume that you have his badge number.I would contact the department and tell his captain about the issue and see what he/she has to say about the situation. Depending on how that goes proceed from there.Good Luck!Jim |
| 2006-01-24 8:11 PM in reply to: #330974 |
Extreme Veteran 562 | Subject: RE: Pulled over and told to get off the road..again tech_geezer - 2006-01-24 5:33 PM In Tennessee, any slow moving vehicle is obligated to pull to the side if more than 5 vehicles are held up behind them. It is on the books but tough to enforce.TW Looks like I messed up my link above, and can't edit it now. Florida's vehicular code section on bicycles: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute... The applicable paragraph is: (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: 1. When overtaking and passing another bicycle or vehicle proceeding in the same direction. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. I read the entire code (Chapter 316 in its' entirety, not just 316.2065, which is the section directly addressing bicycles). I also did some keyword searches for "obstructing traffic", "slow moving vehicles", and the like. I found no mention of such a "pull to the side" law, and in any case, as someone later in this thread mentioned, I believe such laws were meant for single lane roads and slow moving vehicles such as tractors that are marked as such..not applicable for bicycles on a 2 lane road. I'm planning a trip to the police station tomorrow. Interestingly, several of the bicycle law articles I found while researching this a bit today were written by a local Jacksonville attorney who specializes in cycling cases. I don't expect I'll need him but I did note the name. |
| 2006-01-24 8:25 PM in reply to: #330971 |
Elite 4344 | Subject: RE: Pulled over and told to get off the road..again Good research, Frank. The topic came up in the local news when a local rider was hit and killed by a driver who was by her own account, "tuning her radio". Interestingly, the driver was not cited for any violation in the fatality. The bike club did a series of articles in the newspaper about the laws regarding bicycling. The bike club person who did the articles is a friend of mine so I read his stuff. I didn't know this little arcane detail about slow moving vehicles having to pull over but according to my friend, it has been applied to bicycles in this state.I believe that "Share the road" it the etiquette that should cover most situations if you don't know the exact law. Some people, even police officers who should know better, do not believe bicyclists have any rights at all to use the road. TW |
| 2006-01-25 7:24 AM in reply to: #331037 |
Giver 18427 | Subject: RE: Pulled over and told to get off the road..again tyrant - 2006-01-24 8:14 PM i am faily sertain that in CA we have the same law, but it is limmited to one laned roads. BC they can pass by changing lanes. I am faily sertain that we have a new winner in the BT speling challenge. Welshy...please give tyrant your trophy. |
| 2006-01-25 7:28 AM in reply to: #331238 |
Queen BTich 12411 , | Subject: RE: Pulled over and told to get off the road..again BRAVO!!! run4yrlif - 2006-01-25 8:24 AM tyrant - 2006-01-24 8:14 PM i am faily sertain that in CA we have the same law, but it is limmited to one laned roads. BC they can pass by changing lanes. I am faily sertain that we have a new winner in the BT speling challenge. Welshy...please give tyrant your trophy. |
| 2006-01-25 9:27 AM in reply to: #331238 |
Got Wahoo? 5423 San Antonio | Subject: RE: Pulled over and told to get off the road..again You call that bad spelling? Please... what a rookie. |
| 2006-01-25 10:40 AM in reply to: #331359 |
Giver 18427 | Subject: RE: Pulled over and told to get off the road..again I think it looks like a drunk post. tmwelshy - 2006-01-25 10:27 AM You call that bad spelling? Please... what a rookie. |
| 2006-01-25 12:15 PM in reply to: #331425 |
Master 1867 The real USC, in the ghetto of LA | Subject: RE: Pulled over and told to get off the road..again run4yrlif - 2006-01-25 10:40 AM I think it looks like a drunk post. tmwelshy - 2006-01-25 10:27 AM You call that bad spelling? Please... what a rookie. i am so proud of my non drunken spelling. i suck at spelling.... what do you suck at? |
| 2006-01-25 1:54 PM in reply to: #330971 |
Extreme Veteran 562 | Subject: RE: Pulled over and told to get off the road..again I'm going to have to hijack my own thread back..  Update on the situation: I wrote a harassment complaint and took it down to the Sheriff's Office. I spoke with a lieutenant regarding the matter, filled out a "Citizen's Comment Form" and attached my written complaint, and turned it in. They are supposed to route it to a supervisor or Internal Affairs (probably a supervisor in this case), and get back to me with a resolution. Ironically, the officer turns out to be the Youth Affairs guy. He is certainly not up on traffic code and probably spends his time lecturing to kids in schools about safety, including bicycle safety. I'm guessing that in his mind, bicycle = kid who should be told to be safe, stay off the roads, and stay in school. Too bad I'm 39. |
| 2006-01-25 2:12 PM in reply to: #331660 |
Master 1867 The real USC, in the ghetto of LA | Subject: RE: Pulled over and told to get off the road..again KendallF - 2006-01-25 1:54 PM I'm going to have to hijack my own thread back.. Update on the situation: I wrote a harassment complaint and took it down to the Sheriff's Office. I spoke with a lieutenant regarding the matter, filled out a "Citizen's Comment Form" and attached my written complaint, and turned it in. They are supposed to route it to a supervisor or Internal Affairs (probably a supervisor in this case), and get back to me with a resolution. Ironically, the officer turns out to be the Youth Affairs guy. He is certainly not up on traffic code and probably spends his time lecturing to kids in schools about safety, including bicycle safety. I'm guessing that in his mind, bicycle = kid who should be told to be safe, stay off the roads, and stay in school. Too bad I'm 39. glad to hear you went down there. i filed multiple complaints over a cop who while working would go on dates, in uniform in his car and drinking. i saw him 3 sperate times. well i doesnt have a cra, he either was fired or he now works the jails. make sure to get your fallow up. |
 2006-01-25 2:25 PM in reply to: #330971 |
| Subject: ... This user's post has been ignored. |
| 2006-01-25 2:41 PM in reply to: #331691 |
| Crystal Lake, IL | Subject: RE: Pulled over and told to get off the road..again Glad you are being proactive about this and not just taking it like a lot of people would. Good job! You would think his position would make him MORE likely to know the laws regarding bicycles on the road, not less. Oneword, IMHO it's best to stick to direct observations of specific individuals and stay away from broad generalizations, although I do realize you tried to qualify your comments. <<stepping back and nervously looking around to see if a certain Wookie is listening>> jus sayin'. |
| 2006-01-25 2:43 PM in reply to: #331713 |
| Subject: ... This user's post has been ignored. |
| 2006-01-25 2:54 PM in reply to: #331555 |
| Elite 2768 Raleigh | Subject: RE: Pulled over and told to get off the road..again You need to see the confessions thread for that answer tyrant... jk jim.... ha ha tyrant - 2006-01-25 12:15 PM run4yrlif - 2006-01-25 10:40 AM i am so proud of my non drunken spelling. i suck at spelling.... what do you suck at?[/QUOTE] I think it looks like a drunk post. tmwelshy - 2006-01-25 10:27 AM You call that bad spelling? Please... what a rookie. |
| 2006-01-25 3:11 PM in reply to: #330971 |
| Champion 6786 Two seat rocket plane | Subject: RE: Pulled over and told to get off the road..again Good on you! I'm really glad to see someone who is sticking up for his (and other cyclists) rights in the right way. I dearly hope that this issue gets resolved. |
| 2006-01-25 3:14 PM in reply to: #331660 |
| Member 19 Enid, OK | Subject: RE: Pulled over and told to get off the road..again Good for you, man. The law is clear, we have just as much right to the road as anyone else, if not more so. It's tough to be an amassador of the sport, but like you said your neck will get pretty sore constantly looking over your shoulder for this guy enforcing his imaginary laws. |
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