1nterceptor

"He asked me if, when I left the scene, I was going to ride in the middle of the lane or if I was going to ride within 1.5' of the curb. I told him I would conduct myself according to the law, which was as "far right as is safe." He gave me the ticket, along with the threat of mental health evaluation."

Read the full article:
https://www.examiner.com/alternative-...ing-the-street

DX-MAN

I have a REAL hard time with the idea that the people charged with, and paid to, enforce the law, protect and serve, etc., are not expected to KNOW what they are enforcing. SO, they may have to study; SO, they may have to have some education and intellect. The biggest issue I DO have, in favor of the police, is that a retail store manager should NOT make more money than a cop.

The job is tough, and they have deal with a lot of the 'dregs of society'; it doesn't mean they have to be the 'official equivalent'.

Digital_Cowboy

Whiskey Tango Foxtrot, threatening a psych exam just for riding in a safe and legal manner? Does a patrol officer really have that kind of authority?

Bekologist

unfortunate. the only state that doesn't require riders operate as near to the right as safe is alabama, every other state has some near to the right requirement for cyclists under many riding circumstances.

Some states require it at all times, some require it when faster traffic overtakes, some allow riders to use the entirety of 'substandard' width lanes....

(edited - i thought he was in Arizona for some reason, but Tulsa is in Oklahoma. Duh.)

Oklahoma is a 'safely right' state.

Every person operating a bicycle or motorized scooter 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 is safe to the right-hand curb or edge of the roadway, except under any of the following situations: (Title 47 § 11-1205)

and if a rider is reasonable and excercising due care, can avoid dangerous conditions.
When reasonably necessary to avoid conditions and while exercising due care, including but not limited to:

substandard width lanes are not mentioned in Oklahoma statute.

The question is, was the rider being reasonable and exercising due care? the policeman thought not, the rider did.

the only thing that would solve this is better law enforcement education, that riders determine their safely right position, not an observer behind a windshield.

What a problem. i hope he can find a judge that agrees with him, that too is a crap shoot.

GamblerGORD53

Cheers for the LEO. Cyclist is another Reed Bates dimwit. In that situation I've been riding 18" from the curb my whole life.
No hits, no runs, no errors. Making the car passes more difficult helps no one.

CB HI

If the police officer has just cause, he may take you into custody to transport you to the proper medical authority for evaluation. The medical authority can hold you for evaluation up to 72 hours (I believe that is the time limit in most states). Under the OP circumstances, the dumb cop would get his ass busted for such a bone head move. Hope the cyclist tells the judge about the threat and the judge give dumb cop the proper lecture.

mtbikerinpa

In Pa the law allows full lane usage as per the need, regardless of speed limit. Sidewalks are off limits and reccomended position is AT LEAST 3 ft from the white line, into the lane. The cars are mandated(enforcement is another matter) to leave 4 ft of space during a pass or face unsafe conditions tickets.

dynodonn 

Sounds like one or more Tulsa PD LEOs need to spend some quality time riding a bike on the very same road, 18 inches from the curb at peak commute times, and not just once either.

FrenchFit 

It's a positive when it happens this way. The ignorance of the officer and poor police training gets brought into the sunlight, change occurs, people get better educated. Much better than an accident were severe injuries or deaths finally get people to wake up.

Digital_Cowboy

Really, and how many close passes do you get riding like that? Around here I have personally observed cyclists getting passed too close when riding the way that you're advocating. I've even conducted that experiment myself and as others here have said repeatedly motorists tend to give us as much space when passing us on the left as we leave between ourselves and the right side/edge of the road.

Taking the lane on a road with substandard width lanes does NOT make it more difficult for cars to pass, it actually (as others have said) makes it easier for them to pass as they can see that it is unsafe to pass if they choose to stay within the lane.

Digital_Cowboy

That would be the "rub" they'd have to prove that they had just cause. And fortunately just because a person is riding a bicycle in the road isn't "just cause." You are right and hopefully the cop would get a royal arse chewing and a demotion, or at least a letter of reprimand in his jacket.

genec

While I generally agree with the cyclist in this cause... (WTF there were two lanes either way), I have to laugh at this response... in the minds of some less enlightened folk, all cyclists are crazy for riding mere bicycles on the streets with cars, and therefore "just cause" has already been established in these narrow minds.

Remember folks, cyclists represent less than 2% of the road users out there... we ARE an anomaly... sigh.

Chief

How do you maintain that precision? Laser-guided auto-pilot? In-ground guide-wire system?
How do you make exceptions for parked cars, trash cans, rubbish piles, potholes, broken glass, joggers, narrow streets, salmon cyclists, fallen trees, dead deer, and the occasional concrete truck?

rydabent

Please let us know how the ticket come out!!!

BTW in this case I personally think the cop is the one that needs his head examined.

dynodonn 

He must have taken lessons from this guy.

Digital_Cowboy

True, but fortunately that really isn't "just cause" to have someone committed for a psych exam.

genec

True... but apparently in the "mind" of folks like the LEO in the OP... that is exactly what they are thinking.

BTW to ensure that some cop or motorist is not making up laws on the fly, I carry a small card I made up that lists the laws for cyclists from the state vehicle code.

Digital_Cowboy

Sadly, this is true.

I do the same thing, I carry a printout that has F.S. 316.2065 as well as a copy of the "Florida Safe Cycling" pamphlet with me, as well as having F.S. 316.2065 bookmarked on my smartphone.

CB HI

The guys posting this garbage are recreational MUP and quite residential street riders. They do not commute during rush hour and are clueless to what is actually the safest method of cycling. They are simply ignorant motorist that occasionally ride a bike on the MUP and want other cyclist out of their way while the drive their cars too fast to get to the MUP.

Doohickie

PaPa

Lets call it what it is, "Probable Cause". Goes something like this...

""probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution"

CB HI

So what do you have that says 'probable cause' is the proper term to be applied to a non-voluntary psych evaluation?

PaPa

IMO, this isn't about PC at all. All too many LEOs resort to intimidation - for many PDs, it's on the curriculum . And if it's just you & him standing on the roadside, he can even lie and get away with it. I wasn't there, but the way I read this scenario, the cop doesn't have PC - he has a swelled ego, a don't-give-a-sh*t-attitude,... and a badge to hide behind.

I don't argue with cops - I do record ALL interactions with them.

buzzman

How cops treat cyclists certainly varies from cop to cop.

On my commute there is some serious road construction at an intersection of a small side road and a main artery I have to cross. The other morning, as I approached the construction zone from the side street a cop spots me, walks over and says, "Where you headed?" I point across to a side road opposite the busy road I have to cross. He immediately steps forward into the traffic, stops it in both directions and signals me to cross. I gave him a big thumbs up and off I rode.

Coming home that same night, in the dark, I come in the opposite direction and there is a different cop stationed and big arc lights at the construction zone. I stop and he sees me. He watches as I slowly creep forward to be visible to the the traffic around the construction site. In addition to watching for cars I'm also watching the big front end loader lifting steel plates to drop over the hole in the road. The cop stands there just watching me. Finally, I manage to make my way across and as I do I notice him out of the corner of my eye nodding his head back and forth, rolling his eyes and smirking - like what an idiot I am.

Nothing I did in either case was illegal but amazing how different the responses were by the two cops.

Digital_Cowboy

If it was me, in the case of the first officer I'd call in a compliment to let his supervisor know what a good job he did. And in the case of the second officer I'd be calling in a complaint for the same but "opposite" reason to let his supervisor know what a piss poor job he's doing.

As there is no excuse for what the second cop did.