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NYC Announces ‘Rogue Rider’ Bicycle Ticket Blitz

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NYC Announces ‘Rogue Rider’ Bicycle Ticket Blitz

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Old 10-28-10, 07:33 PM
  #26  
unterhausen
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Originally Posted by sggoodri
Is the mandatory bike lane use law a city ordinance or state?
New York requires the use of a bike lane or a shoulder (given that the shoulder is smooth and wide enough for cyclist use).
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Old 10-28-10, 08:41 PM
  #27  
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Originally Posted by billdsd
The bicyclist was stopped for not riding in the bike lane.
He was then ticketed for riding on the sidewalk, which he wasn't doing.
The bike lane is to the left of a left turn lane.
Is there any part of this that isn't messed up?
It's actually worse than you said. The cop was blocking the bike lane, FORCING people to go around him. And from what I read somewhere else, cyclists aren't even required to use the bike lane (though that wasn't really clear -- there was a mandatory bike lane law with the usual exclusions (obstructions (like cop cars), turning, etc.) but it didn't apply in NYC or something?)

In any event, with the cop himself being the one who forced cyclists out of the bike lane, that sounds like ... entrapment. And even if it wasn't a cop, the law (if it applies, still not sure about that) allows cyclists to go around obstructions.
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Old 10-29-10, 08:48 AM
  #28  
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Yes the cyclists were ultimately ticketed with either reckless operation or riding on the sidewalk, neither of which are true. This is also a case of police not knowing the law. Cyclists are not legally bound to bike lanes in nyc. I'm most upset about the waste of time needed to fight these tickets. I believe justice will prevail.in court but one must waste time getting to court!
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Old 10-29-10, 08:51 AM
  #29  
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Originally Posted by hsilman
Cyclists are not legally bound to bike lanes in nyc.
Please explain how this is so.
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Old 10-31-10, 01:31 PM
  #30  
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For those all in favor of the crack down, hope you are happy!
https://gothamist.com/2010/10/27/cop_...icket_cycl.php
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Old 11-01-10, 11:23 AM
  #31  
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Originally Posted by CB HI
For those all in favor of the crack down, hope you are happy!
https://gothamist.com/2010/10/27/cop_...icket_cycl.php
Yes, I am happy that some action is being taken regarding the self centred morons that need it. There is also the avenue of CCRB regarding the police. Any person living in NYC for more than 6 months knows what that is. This was a lack of judgement on the officer. Enough complaints on him and he will be pulled into the "house". Complain in the correct venue. Who do you think got those pretty green lanes, the tooth fairy? It was the bike community. Squeaky wheel gets the ... well you can figure that I think.
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Old 11-01-10, 02:08 PM
  #32  
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as pointed out by a commenter on another version of the bike lane blocking policeman story, they aren't going after the red light running cyclists and wrong way cyclists because they are unlikely to catch them. If they chase, they are going to endanger the pedestrians they are trying to help. They should be able to catch some of the sidewalk riders.
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Old 11-01-10, 04:43 PM
  #33  
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Originally Posted by unterhausen
New York requires the use of a bike lane or a shoulder (given that the shoulder is smooth and wide enough for cyclist use).
New York State does require the use of a bike lane but not a shoulder.

ETA:

Section 1234. Riding on roadways, shoulders, bicycle lanes and bicycle paths.
(a) Upon all roadways, any bicycle shall be driven either on a usable bicycle lane or, if a usable bicycle lane has not been provided,
Only if the bike lane is not usable are you allowed to not use it.

near the right-hand curb or edge of the roadway or upon a usable right- hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.
The rest allows you to use a shoulder but doesn't require it.

Last edited by benjdm; 11-01-10 at 04:46 PM. Reason: Add VAT law
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Old 11-01-10, 04:57 PM
  #34  
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Originally Posted by benjdm
Only if the bike lane is not usable are you allowed to not use it.
I'd say that completely blocked by police cruiser qualifies as unusable....

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Old 11-01-10, 05:19 PM
  #35  
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Originally Posted by randya
I'd say that completely blocked by police cruiser qualifies as unusable....

And now, the ticketed cyclist get the chance to "go tell it to the judge".

Hope dmac49 gets to "go tell it to the judge" someday to give him some proper perspective.
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Old 11-01-10, 05:56 PM
  #36  
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Originally Posted by benjdm

The rest allows you to use a shoulder but doesn't require it.
You cut the part about the shoulder in the middle. My reading is that unless the cyclist deems the shoulder unusable, the cyclist is required to use the shoulder. There is specific language about what criteria a cyclist might use to deem the shoulder unusable. I guess you can say that these loopholes mean that shoulder riding is not required, but in my view they say that a cyclist would have a difficult argument should a cop decide them for not using a clean, wide, smooth shoulder
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Old 11-01-10, 11:59 PM
  #37  
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There is a special provision in NYC that allows bicyclists to ride on either side of a one way, 40ft wide, street, ie; all of the major avenues in Manhattan, 1st Avenue being one such street, so; in actual fact one would not be required to use that bike lane exclusively in any case.

"(3) Bicycles permitted on both sides of 40-foot wide one-way roadways.

Any person operating a bicycle upon a roadway that carries traffic in one

direction only and is at least 40 feet wide may ride as near as is practicable to

either the left or the right hand curb or edge of such roadway, provided that
bicycles are not prohibited from using said roadway."

Last edited by jwbnyc; 11-02-10 at 12:09 AM.
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Old 11-02-10, 02:05 AM
  #38  
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Originally Posted by CB HI
And now, the ticketed cyclist get the chance to "go tell it to the judge".

Hope dmac49 gets to "go tell it to the judge" someday to give him some proper perspective.
That's why we have judges to make the final decision. That's also why we have a CCRB in NYC. When a police officer , at least in NY , gives a summons it is only an allegation and not a finding of immediate guilt. A letter to the Times and the Post with the photos along with a CCRB complaint and it just might stop this thing from continuing. Whine in the appropriate places, CCRB, Court , and the media. In the case of proper perspective counsellor one often never knows what the other side of the bench does in their off hours.
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Old 11-02-10, 03:05 AM
  #39  
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Originally Posted by dmac49
That's why we have judges to make the final decision. That's also why we have a CCRB in NYC. When a police officer , at least in NY , gives a summons it is only an allegation and not a finding of immediate guilt. A letter to the Times and the Post with the photos along with a CCRB complaint and it just might stop this thing from continuing. Whine in the appropriate places, CCRB, Court , and the media. In the case of proper perspective counsellor one often never knows what the other side of the bench does in their off hours.
This BS between cyclist and NYC cops has been going on since before the RNC convention. Guess your solution sucks.
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Old 11-04-10, 07:03 PM
  #40  
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Originally Posted by unterhausen
You cut the part about the shoulder in the middle. My reading is that unless the cyclist deems the shoulder unusable, the cyclist is required to use the shoulder. There is specific language about what criteria a cyclist might use to deem the shoulder unusable. I guess you can say that these loopholes mean that shoulder riding is not required, but in my view they say that a cyclist would have a difficult argument should a cop decide them for not using a clean, wide, smooth shoulder
Here is how the NYS Dept of Transportation interprets it:

Where on the road may a bicyclist drive?

If there is usable bike lane, the bicyclist must use it. If there is no bike lane, or it is unusable due to parked cars or other hazards, the bicyclist may drive either on the right shoulder, or near the right edge or curb of the roadway. A bicyclist may move further left to avoid hazards such as parked cars or debris, but the bicycle driver must avoid undue interference with other traffic (Sec. 1234(a)).

You should generally bicycle as far to the right as is practicable. If there is a safe shoulder, use it instead of the traffic lane. Smart cyclists plot a line straight down the roadway 3-4 feet from the curb or parked cars. This allows them space to avoid road hazards and to be more visible to motorists and pedestrians.

Are bicyclists required to use bike paths where provided?

No. A bicyclist must use a bike lane which is part of the roadway, if one is provided and is usable. A bike path is separate from the roadway, and a bicyclist may use either the path or the roadway. (Sec. 1234(a)). In some cases, a roadway may be safer than a nearby bike path, as well as more convenient.
The only 'must' is that you must use a usable bike lane. The others are 'may.'

Last edited by benjdm; 11-04-10 at 07:10 PM.
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