NYC Announces ‘Rogue Rider’ Bicycle Ticket Blitz
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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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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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For those all in favor of the crack down, hope you are happy!
https://gothamist.com/2010/10/27/cop_...icket_cycl.php
https://gothamist.com/2010/10/27/cop_...icket_cycl.php
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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
https://gothamist.com/2010/10/27/cop_...icket_cycl.php
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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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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,
(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,
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.
Last edited by benjdm; 11-01-10 at 04:46 PM. Reason: Add VAT law
#35
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Hope dmac49 gets to "go tell it to the judge" someday to give him some proper perspective.
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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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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."
"(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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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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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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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
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.
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.
Last edited by benjdm; 11-04-10 at 07:10 PM.
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