To add to the recent bike drama in NYC (the Department of Transportation is being sued for a project that has added a bike lane in a Brooklyn neighborhood, reducing a local artery from three lanes to two) — watch out for the bike lane police!
A friend just got a summons in Manhattan from the police who followed him in a car and “pulled him over” for NOT riding in the green bike lane… (He was riding on the opposite side of the street with traffic.) I’ve heard of NYC initiatives to ticket riders for riding on the sidewalk, against traffic, etc. but this is a new one.
He showed me the summons, and they had to write in “bike” in the “vehicle type” area because the summons is designed for cars. I couldn’t make out if there was a dollar amount attached to it, so maybe it is just a court date/initiative to annoy people.
Bike lanes are not everywhere in NYC. But if it is mandatory to use them where they exist, bikers are sure not aware of this. While I get that following recent investments, the city wants people to use the new bike lanes, I can think of a host of instances where one would not. Does the New York Police Department understand that sometimes it takes a block or more to merge from one side of the road to another, weaving between cars? What if you need to make a turn on the opposite side of the road? What about the pedestrians who dart out into the bike lanes all the time without looking to see who might be coming?
The bigger question/conversation here that Makes People Angry is about punishing bikes for not behaving more like cars… While on a bike, you sure don’t have the power or protection of cars.
Has anyone else encountered this?
Are bike lanes optional or mandatory in your city?
7 responses so far ↓
1 Rachel // Mar 19, 2011 at 5:57 pm
That just doesn’t seem right!
Here in Washington state, bicyclists are allowed to use the full lane. The law says they should try to ride on the right when the bicyclist deems it’s safe, but that leaves open that they can ride in other positions when they feel it is necessary.
I always thought of bike lanes as a courtesy to BICYCLISTS, not motorists. Bike lanes encourage the less confident bicyclists to get out and ride (and to get off of the sidewalks), but they aren’t supposed to force bikes into the bike lane and out of the traffic lanes when the bicyclist has a reason to be in the traffic lane.
I’d love to see a followup post here on what happens after these people take their tickets to court. I have a hard time believing it really could be the law that you _have_ to ride in the bike lane.
2 Matthew // Mar 21, 2011 at 3:57 am
The New York law states that a cyclist must use their bicycle as if they were operating a motor vehicle (just like everywhere else). They are supposed to stay to the right, yet may move to the left to avoid obstructions, parked cars, and in order to make a left hand turn (pretty much like in every other state). As far as I’ve read, it doesn’t say anywhere that a cyclist may occupy an entire lane unless they have a reason as stated above, in which case it would be only briefly. If a bike lane is provided, the cyclist is supposed to use it unless it is obstructed or unless it is deemed unsafe for whatever reason. There’s no mention of “three feet” but a motorist “shall exercise due care to avoid colliding with any bicyclist,” which I take to mean that cars need to pass at a safe distance regardless of where the cyclist is. The law seems to be pretty obtuse as to what’s proper judgment on the cyclist’s or motorist’s part, but at least it allows for the cyclist’s safe place in traffic.
source: http://www.nysgtsc.state.ny.us/bike-vt.htm#sec1234
It would be a good idea to carry a copy of that around for reference, but I recommend to anyone who gets pulled over by a police officer to take the ticket and do not argue. Contest it in court where you will win. Cops are well known for resorting to arrest and physical domination when someone argues with them. Never count on a reasonable fellow.
3 Marie NYC // Mar 21, 2011 at 7:38 am
Rachel, thanks for your comments… I’ve been seeing a lot of cops around NYC lately ticketing bikers for various infractions… I guess it’s the city’s trade-off for funding the recent bike improvements. I’ll post a follow up if I hear more!
4 Jess - NYC // Mar 23, 2011 at 7:09 am
I wrote a pretty lengthy article back in January when the “bike blitz”/ticket crackdown got started–I’ve been thinking of reprising it/following up soon given everything that has happened since!
Here’s the original article:
http://jessversus.tumblr.com/post/2828557949/my-thoughts-on-the-bike-crackdown-in-nyc
5 Jess - NYC // Mar 23, 2011 at 2:51 pm
Oh, also: by law, it isn’t compulsory to ride in the bike lane. Recommended, yes, but mandatory, no. And from http://bikingrules.org/:
RCNY § 4-12 (p) Bicyclists should ride in usable bike lanes, unless they are blocked or unsafe for any reason.
NYC TRAFFIC RULES PROTECTING CYCLISTS:
RCNY § 4-08 (e)(9) It is against the law to park, stand or stop within or otherwise obstruct bike lanes.
RCNY § 4-12(p) Other vehicles shall not drive on or across bike lanes.
6 Marie NYC // Mar 24, 2011 at 12:23 am
Thanks Jess… Great post and bit about lanes being optional!
7 Marie NYC // Jul 29, 2011 at 9:16 am
Thanks Matthew… I generally agree that it’s not worth it to push back with the cops… And we could talk about it all night, but there are some differences between NYS and NYC rules. I have never heard about it being against the law to occupy a lane in NYC… (And generally I don’t see bikers hogging an entire lane because it is often not practical or necessary.) Regarding whether the bike lane is compulsory, as Jess found in the Transportation Alternatives biking rules for NYC, the rule is “Bicyclists should ride in usable bike lanes.” (http://bikingrules.org/rules/rulesoftheroad) The tricky words here are “should” and “usable”…
Also, for NYC, the rules do allow riding on either side of the street, for better or for worse. Safe riding!
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