Search results for bikes have rights

Bike plan moves forward, police crackdown in OC, Box and bikes profiled in LA Weekly

February 10, 2011 / / 3 comments

First the big news, as the joint Transportation and Planning and Land Use Management votes to move forward with the draft bike plan, with a five year plan for implementation.

While that’s great news for city cyclists, it also means no for now to the proposed South Venice Beach bike path extension.

The debate was dominated by discussion over whether to allow bikes on city trails currently used by hikers and equestrians — something that safely occurs around the world, yet according to the local horse crowd, would lead to inevitable disaster here in L.A.

While there’s an obvious need for people to use trails safely and courteously, and observe the rights of other users, public parks and trails belong to everyone and shouldn’t be set aside for any single group. Or exclude any single group of users.

The committee voted to have the Planning Department negotiate language between both types of riders; however, anything that doesn’t find a way to accommodate all users would be a failure.

Meanwhile, the plan will now go to the full committee for final approval before going to the Mayor for his signature; all indications are Villaraigosa will sign off on the plan.

You can still follow yesterday’s live coverage of the meeting from L.A. Streetsblog, LACBC and Christopher Kidd of LADOT Bike Blog by clicking here.

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New York cyclists have been justifiably up in arms the last few weeks over the NYPD’s efforts to crack down on lawbreaking cyclists, while ignoring more dangerous violations by drivers.

Now a similar move is underway here as the Newport Beach, Huntington Beach, Laguna Beach and Costa Mesa police departments are banding together to conduct a “specialized Bicycle Safety Enforcement Operation” on the 19th and 24th of this month.

Despite the title, the press release promises officers will address traffic violations by cyclists and other vehicle operators that could “lead to bicycle vs. vehicle collisions, injuries and fatalities.”

The goal of the program is to educate the public about the safe and lawful use of bicycles, as well as the safe and lawful use of vehicles that share the roadway with bicycles. Prevention is a key component of the program, which centers on the traffic laws that can prevent bicycle riders from becoming injured to killed due to illegal use or reckless behavior by bicyclists and vehicles. In addition, the Police Departments involved may be required to enforce obvious violations to the City’s Municipal Code to maintain safe operations.

I don’t have any problem with enforcing traffic violations by cyclists; frankly, I’ve seen some cyclists who should be ticketed, if not thrown into leg irons. However, I would expect — and all cyclists have every right to expect — that unlike the situation in New York, the crackdown will address violations by drivers as well as cyclists.

And it should take into account which violators pose the greater risk to others.

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Neon Tommy Editor-at-Large Hillel Aron offers an in-depth profile of CD4 City Council Candidate Stephen Box and the history of L.A. bike activism in this week’s L.A. Weekly.

As the article notes, it’s almost impossible to unseat a sitting council member in L.A.; even the most unpopular usually cruise to victory over seemingly more worthy opponents once special interest money starts pouring in. Despite that, there’s a growing sense that Box may have a real shot at forcing incumbent Tom LaBonge into a runoff next month.

LaBonge has long supported cycling, though not always in the way cyclists would prefer; if he were smart, he’d move to strengthen his support of bicycling to undercut Box’s strongest base of support. Instead, he seems to be focused on shoring up support from the anti-bike crowd, as many cyclists see him, rightly or wrongly, as an obstacle in the way of many bicycling issues.

And it’s hard to take the other candidate in the race, Tomas O’Grady, seriously when he ignores questions from the city’s leading newspaper.

You have your own chance to evaluate the candidates tonight when the Silver Lake Neighborhood Council hosts a candidate’s forum at Silver Lake Community Church, 2930 Hyperion Ave. Or you can meet Stephen Box at an open house from 2 to 4 pm this Sunday at 3311 Lowry Road in Los Angeles.

Box has also received an endorsement from MobileFoodNews; not to surprising since LaBonge has been seen as an opponent of L.A.’s popular food trucks.

One other note — the writer of the Weekly article gave me every opportunity to attack other bicycle advocates and advocacy groups; I chose not to do that. It’s my firm belief than anyone working to support cycling in Los Angles deserves my support and gratitude, whether or not I happen agree with them. I’m saddened that not everyone feels the same way.

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If you’re looking for a good ride this weekend, consider the Tour de Palm Springs, with rides ranging from 5 to 100 miles. A little further down the road, the Santa Clarita Century rolls on April 2nd offering a full century, half century, 25-mile and family rides.

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CicLAvia has received a $25,000 grant from the California Endowment. Meanwhile, GOOD is throwing a fundraising party to benefit CicLAvia on Saturday, March 5th; tickets range from $20 to $500.

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The newly unveiled draft plans for South Figueroa range from good to wow, though Josef Bray-Ali says they could use some polishing; then again, there are more important things than signing in for a meeting. L.A. will soon get its first bike corral in Highland Park. Rick Risemberg, who appears to be everywhere these days, writes about taking part in last weekend’s LA Brewery Ride with Flying Pigeon. Cool Claremont bike racks. Long Beach replaces a mandatory bike licensing law with voluntary registration through the National Bike Registry.

A popular retired Bakersfield educator died of a heart attack while riding with friends. A three-year old Visalia girl is killed when she’s backed over by a neighbor’s pickup while riding on the sidewalk. San Francisco police have refused to take reports or issue citations for collisions involving cyclists unless an ambulance is called; so not matter what a driver does, if they don’t seriously injure a rider, they walk. Shameful. Matt Ruscigno rides from San Louis Obispo to L.A. in a single day — while sick. This year’s Amgen Tour of California won’t tour California exclusively.

J. Edgar Hoover on a bike, sort of. It’s not the same as an Idaho Stop Law, but Oregon considers lowering the fines for cyclists who roll through stop signs. Somehow I missed this; Dr. Matthew Burke, the orthopedic surgeon, U.S. Army Major and Iraq war vet critically injured by aggressive driver while on a group ride last October, passed away over the weekend after 4 months in a coma; the driver is charged with reckless homicide.

Yet another London cyclist is killed by a large truck, this time a 28-year old art curator. More bikes than cars expected to cross London’s bridges during morning rush hour in 2011. Irish physicians urge the passage of a mandatory helmet law, even though you’re over six times more likely to die walking on the sidewalk. Europe already has the kind of airport bike lanes John McCain wants to kill. Looks like rising star Taylor Phinney will compete in the Tour of Oman after all. South African cyclist Michael Dean Pepper is banned for three years for a failed drug test; sometimes I think we should just ban everyone for two years and start over.

Well, that’s one more problem we don’t face in L.A. — a South African cyclist survives after using his bike to fight off a leopard attack; evidence suggests that the animal had just escaped from a snare and was fighting for its life, as well.

Category: Advocacy & Politics, Bikes & the Law / Tags: , , , , , , , , , , ,

Does “Bike-friendly” Long Beach intentionally stomp on cyclists’ civil rights?

January 20, 2011 / / 6 comments

Long Beach has long proclaimed its intention to be America’s most bike friendly city.

And under the guidance of mobility coordinator Charlie Gandy, it’s gone far beyond any other city in Southern California in terms of building bicycle infrastructure and promoting cycling.

So it’s disappointing to find out that their bike-friendly attitude doesn’t extend to all cyclists. Or recognize the most basic rights guaranteed to all Americans.

As you may recall, controversy developed in October when the Long Beach police staged a heavy-handed crackdown on the city’s first official Critical Mass ride.

Police are accused of waving cyclists through a stop sign, then ticketing riders who obeyed their apparent instructions. They also attempted to enforce a bicycle licensing law that violates state law, which limits penalties for failing to license a bike to a maximum of $10 — and prohibits ticketing any riders from outside their jurisdiction for failing to register their bikes with Long Beach.

In addition, the police decided, with no apparent legal authority, that fixed gear bikes without separate brakes violate the state law requiring bikes be able to make one wheel skid on dry, level, clean pavement — a standard most fixies can easily meet.

And the police enforced those so-called violations by seizing the bikes of the riders involved — again, without any apparent legal authority.

Now, a new story from the Long Beach Post reveals just how far the city is willing to go to violate the civil rights of American citizens, simply because they travel on two wheels and have chosen to practice their First Amendment rights to freedom of speech and freedom of assembly under the banner of Critical Mass.

According to the Post, despite official denials from the city, the organizers of the ride attempted to get a permit in advance, which Long Beach officials failed to issue. Yet they were found in violation of a requirement that any group of 75 or more is required to get a Special Events Permit — even though that law was legally unenforceable because parts of it had been declared unconstitutional.

Long Beach City Manager Patrick West — a serious cyclist for 18 years — chillingly explains that the city is in fact targeting Critical Mass, and that any other ride, by any other name, would not face the same heavy-handed enforcement.

“Long Beach has been a leader in [developing] bike infrastructure. When a group goes out there to violate traffic laws, it brings more [negative] attention to the money that we’re spending on infrastructure, and angers the average motorist.

“If it’s a Critical Mass ride,” West continued, “you can expect our police department to be there to to monitor that. A Critical Mass ride is something that is going to attract the attention of our police department to prevent cyclists from, you know, to maintain the vehicle code. And I’m just speaking of Critical Mass. I’m not speaking about any other ride in Long Beach at all, whenever, where-ever, whoever. I’m speaking about a Critical Mass ride.”

Correct me if I’m wrong, but isn’t that called selective enforcement?

His words were born out by another crackdown on a Christmas ride intended to raise funds to help cyclists fight the tickets from the October crackdown. Suspecting it was actually a super-secret Critical Mass ride under another name, the police arrived in force and halted the ride before it could even begin.

According to City Manager Patrick West, “we suspected that the second [ride] was a Critical Mass ride and, in hindsight, it was clear to us that it was not a Critical Mass ride. We communicated that to the group, then I talked to Jerome Podgajski [founder of MashLBC.com-ed] and I apologized.

“The second ride involved many of the same individuals,” said West, “and, at the end of the day, it turned out that no one had any intention of creating a Critical Mass ride, so we would have supported that ride. We’re learning as we go along, and we’re talking to event organizers to just be careful about billing things as a Critical Mass ride because we’re very very conscientious of that group.”

In other words, better to apologize afterwards than get the facts right first. And it’s okay to violate the rights of one group, as long as you support other groups who may do the same things, but under a different name.

The writer, Sander Wolff, got the perspective of a local attorney about the first incident:

I asked attorney Robert Thomas Hayes Link, Esq., who grew up in Long Beach, what he thought of the incident. “As described by (cyclist) Gerry Campos, the supposedly bicycle-friendly City of Long Beach, by way of the conduct of the Long Beach Police Department, would seem to have arranged for a sting operation designed to discourage future cycling awareness activities within its borders. Whether the City managed this in a fashion that shields them from civil rights liability remains to be seen.”

Read the full article.

It clearly drives home the fact that Long Beach may see itself as bike friendly.

But a bike-friendly attitude goes far beyond mere paint on the street.

Unless and until the city begins to observe the requirements of the California Vehicle Code — which supersedes city ordinances — and interprets the law in a fair and legal manner, treating all cyclists equally under the law, it will continue to put to lie their self-proclaimed vision as the country’s leading bike city.

And continue to be a city that cyclists  — Critical or otherwise — might be better off avoiding.

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Let me make one thing clear. I’m not a fan of Critical Mass; I tend to believe, like LB City Manager West, that it only serves to anger people who might otherwise support us.

But I am a big fan of the U.S. Constitution and the Bill of Rights. And I cannot support any person, city, jurisdiction or authority that willfully ignores the law to violate the rights of any cyclist.

As Emma Lazarus said, until we are all free, none of us is free.

Category: Advocacy & Politics, Bikes & the Law / Tags: , , , , ,

People for Bikes — giving you the power to change the world

August 3, 2010 / / 4 comments

According to Tim Blumenthal, bikes have the power to change the world.

As the president of the Bikes Belong Foundation, Blumenthal is one of the founders of People for Bikes, a new organization dedicated to making that change happen and finding a place on the streets — and in the federal budget — for the country’s rapidly expanding community of cyclists.

Created and funded by the Bikes Belong Foundation, a non-profit offshoot of the respected industry trade group Bikes Belong, People for Bikes was founded with a goal of building a nationwide coalition of one million bicyclists, one rider at a time — giving cyclists the clout that drivers have long enjoyed through organizations such as AAA.

According to Blumenthal, there are somewhere around 50 million bicyclists in the U.S., yet less than 1% of those have ever actively stood up to demand their rights and the support of their government — a number Blumenthal places at around 250,000 people.

So pat yourself on the back if you’re one of them.

Even though People for Bikes is supported by the bike industry — financially and otherwise — Blumenthal insists it operates independently of the business group.

“I’ve never been put under any pressure by any of the manufacturers,” he said. Rather than looking for instant results or increased sales, all of the companies involved take the long view, believing that bikes are good for the country.

He added that the group’s parent organization, the Bikes Belong Foundation, is also made up of leading organizations dedicated to the public good such as the Centers for Disease Control, the Kaiser Family Foundation and the Robert Wood Johnson Foundation. Just four years old, the foundation has rapidly become a major donor for local biking projects, including a grant to the LACBC to help build a regional bike-friendly community plan through the REI/Bicycle Friendly Communities Grant Program earlier this year.

In addition, People for Bikes has partnered with advocacy groups such as the League of American Bicyclists, the Alliance for Biking and Walking and the Rails to Trails Conservancy. And they’ve recently joined with New Belgium Brewery’s Tour de Fat, scheduled to visit Downtown’s L.A. State Historic Park on October 23rd.

Aside from simply signing up cyclists, the immediate goal of People for Bikes is to ensure the maximum percentage of funding for bike and pedestrian projects in the federal transportation bill to be considered next year.

Blumenthal traced a rising line through recent federal budgets, from just $450 million for bikes and pedestrians in 2000, to $700 million in 2007 and $1.3 billion this year, with a goal of $2 billion in 2012.

“Bike facilities don’t cost much compared to other transportation projects,” he continued, adding that bicyclists deserve better, safer and more convenient places to ride, such as dedicated bikeways, bike boulevards and separated bike paths.

In order to significantly increase the number of cyclists nationwide, average riders need to feel safe enough to ride regularly, according to Blumenthal. While stronger riders may feel comfortable riding in traffic or in a bike lane, for others, “a white stripe isn’t enough to make them feel safe.”

What’s necessary, he said, is to change the current culture where drivers have been prioritized and cars are king. But changing that car-centric mindset won’t be easy, as various users compete for increasingly limited space on and off the roads.

The first step, Blumenthal said, is simply to sign the pledge.

It’s a free and easy way to get involved — a “no brainer,” as he called it — adding that the organization won’t ask for anything other than your name, email address and zip code. (Something I can vouch for, having signed up a few months back myself.)

“It doesn’t matter what kind of bike you ride or where you ride,” Blumenthal continued. “People for Bikes is designed to unify all Americans who ride bikes.”

He explained that this is your opportunity to be part of a movement to increase the clout and credibility of bicyclists with key decision makers, and become a potent force in future legislation to make this a safer and more ridable country for cyclists of all types.

“More clout,” he said, “equals better bicycling.”

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Bicycle Advisory Committee Chair Glenn Bailey reports that tonight’s scheduled meeting of the BAC has been postponed to accommodate the LAPD’s observance of the National Night Out. The meeting will take place on Monday, August 9 at 7 pm at the Hollywood Neighborhood City Hall Community Room, 6501 Fountain Avenue, Los Angeles, CA 90028.

According to Bailey, the meeting will feature the revised bike plan, as well as a report from the LAPD.

At Monday’s rescheduled meeting, the City Planning Department will be presenting the revised draft Bicycle Plan as well as the proposed Five-Year Implementation Strategy.  Also, the LAPD will report its recent policy and training efforts relating to bicycling.  The revised special meeting agenda will be emailed in the next day or so.

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Curbed LA relays a story from the Daily Bruin reporting on bad roads in Westwood — one of the city’s busiest biking centers — that take down riders on a regular basis. The city advises calling 311 to report potholes, saying they can be fixed within 48 hours. Although in my experience, patch jobs usually aren’t enough and often make the road rougher than it was before.

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Just five weeks after suffering a heart attack, local rider GT gets the best news he could possibly get. Robert Sam Sanchez begins his prison term for the drunken hit-and-run death of Rod Armas. Lance tells Antonio the goal is to stay on the bike, while Stephen Box calls on the Mayor to take advantage of the opportunity. Malibu wants a safer PCH; then again, so do cyclists. Cyclists demand change at the Beverly Hills Court House. Bike lawyer Bob Mionske advises you to keep your cool, even when the cop that pulls you over is wrong. Listen my children and you shall hear of cyclists calling “the bulldozers are near;” thanks to George Wolfburg for the heads up. Discovering bike parking in NYC. Illinois will now install and maintain roadside memorials to people killed by reckless drivers. The League of American Bicyclists says act now to stop the spread of roadside rumble strips. The National Journal asks if cyclists and pedestrians will squeeze out cars; LAB President Andy Clarke says transportation is not a zero sum game. A three-year old Cleveland boy is seriously injured by a hit-and-run cyclist who claimed his brakes weren’t working. After being seriously injured riding off-road, a Philadelphia cyclist tweets for help. Only one third of Toronto cyclists are comfortable riding major streets without bike lanes. Ticketing dangerous Delhi drivers through Facebook.

Finally, Boston Biker says electric bikes are nothing more than crappy mountain bikes made heavier and more expensive.

Category: General / Tags: , , ,

The Google now loves bikes and other assorted links

March 10, 2010 / / 4 comments

In a move long-awaited by cyclists — and currently running rampant through the biking blogosphere — Google announced the beta version of its Google Map biking directions at the National Bike Summit currently taking place in Washington, DC.

It allows you to call up bike maps for any of 155 cities throughout the U.S., including the entire Los Angeles metropolitan area, and allows you to zoom in to show street-level detail. Like their driving and transit maps, the bike maps allow you to enter a starting and ending point, and will map out a presumably bike-friendly route “optimized for cycling, taking advantage of bike trails, bike lanes, and bike-friendly streets and avoiding hilly terrain whenever possible.”

I say presumably, because early tests have been mixed.

This morning, I tried entering two trips starting from the Coffee Bean at the intersection of Santa Monica and Beverly Glenn boulevards.

The first, plotting out a route to the Santa Monica Pier, was a disaster to put it mildly. The odd, circuitous route it suggested added 10 unnecessary turns — and nearly a mile of riding — at the beginning, when all it had to say was “get on your bike and ride west in the bike lane on Santa Monica Blvd.” Then instead of recommending the reasonably safe bike lanes on Ocean Blvd in Santa Monica, it suggests walking down a flight of stairs and riding on the walkway through Palisades Park, even though riding on the sidewalk is illegal in Santa Monica.

The second attempt, riding east to Downtown’s City Hall, proved much better. Again, it starts out with a strange loop at the beginning, when it would be far easier to simply get on the bike lane on Santa Monica and ride east. Then it follows the same route I would take through Beverly Hills, before recommending riding Olympic Blvd to Downtown — which is actually a decent route, though many cyclists could feel uncomfortable on such a busy, high-speed street. And ends by directing you to ride past the main entrance to City Hall, around the block to the Spring Street employee-only entrance.

Maybe Google assumes no one but a city employee would want to go there.

It’s a good start, and could prove invaluable down the road, giving cyclists the ability to successfully navigate their own cities, as well as visit places they’ve never gone before. Although it didn’t take long for the bike haters to jump in.

But there are a lot of bugs that will have to be worked out.

As JJ Hoffman, River Ride Director for the LACBC, put it:

Google gives you an option to email them to correct their directions.  I will be exercising that option.

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Other news from the national Bike Summit currently taking place in Washington, DC.

Bikes Belong launches a new campaign to unite bike riders of all types in a single voice; BikePortland says think of it as a MoveOn.org for bikes. Evidently, some members of the Senate Bike Caucus support bikes in name only; notice the lack of any members from the once Golden State. And the LACBC has sent its own delegation to the Street Summit, with meetings scheduled with a number of SoCal Congress men and women — though evidently neither of our non-Bike Caucus Senators, one of whom is running for re-election. (Note to Barbara Boxer — we vote, too.)

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It was an exceptionally bad weekend for cyclists in the Southern hemisphere. A young Australian cycling champ was killed on a training ride Saturday when he failed to make a turn. Meanwhile, three “outstanding” South African cyclists were killed on a training ride when they were struck by a driver who claimed to be blinded by the sun; a fourth died later in the hospital.

One of the surviving riders succinctly summed up the horror:

“I was slip-streaming… I looked up, saw the bakkie (ed: pickup) and then it hit me. Everything happened so fast. The next thing, the paramedics woke me up and I heard the doctor telling someone to cover the three bodies with a blanket.”

The driver has been charged with homicide.

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The LACBC reminds you about the ongoing input meetings for L.A. County Bicycle Master Plan, including tonight’s session at the Marina del Rey Library, where the Marina bike path crosses Admiralty Way. Stephen Box takes Metro to task for failing to meet minimal standards for bike parking at the Hollywood and Vine Metro Station. Photos from the Bike Kitchen’s 5th Anniversary celebration. Miley Cyrus takes to her bike in Toluca Lake, though she could use a few adjustments. The amazingly cool bike sculptures of Robertus Joost van der Wege go on display in Forth Worth; could be worth a trip to Texas just to check it out. Cyclists may soon be able to share Pennsylvania Avenue with the President; but maybe a bike lane isn’t always the best solution. Lance says don’t count on him to beat Contador in this year’s Le Tour. Floyd Landis finally gets a new team, though it’s a big step down for a former Tour non-winner. Oddly, a survey of motorists conducted by a car insurance company and posted on an Automotive news site shows that most drivers want cyclists to pay road fees and ride somewhere else; half also admitted to having little understanding of bike laws — evidently, the rest either wouldn’t admit it or don’t realize how little they know. Changes to Ontario’s auto insurance regulations could put cyclists and pedestrians at risk. Kiwi cyclists can now fly, as a New Zealand inventor unveils a new pedal-powered monorail. The good news, Toronto gets a new bike lane; the bad news, it’s full of cabs waiting for fares — with a traffic cop guiding them. To survive on London streets, women riders should be less ladylike.

Finally, a London cyclist was killed at almost the same time London’s mayor unveiled a new Cycle Safety Action Plan; I’ll let you know what I think about it when I have a chance to read it. And if anyone from Metro is reading, something like this could be a great outgrowth of the new Metro Bicycle Roundtable.

Category: General / Tags: , , ,

To be honest though, some of these bike-haters have a point

February 1, 2010 / / 22 comments

A cyclist waits patiently for the light to change — something some drivers say they've never seen.

I admit it.

I spend a lot of time on here making fun of drivers.

Not all drivers, of course; after all, I’m one myself. Though these days, I find myself spending less and less time behind the wheel, and more on two wheels, two feet or even — gasp! — on a bus, which is how I made it to the last few meetings I attended at City Hall.

Not only did I survive, I actually enjoyed myself. And didn’t have to spend half an hour and the entire contents of my wallet to secure a parking space nearly as far from my destination as I was when I started out.

And not even most drivers. No, I’m talking about that relative handful of intellectual giants who’ll tell you that all cyclists run red lights, despite demonstrable evidence to the contrary at just about any signalized intersection in town.

Sure, stand there long enough, and you’ll see one or more death-defying kamikaze bike pilots blow through the light as if it, and the cars crisscrossing their path, weren’t there. But you’ll also see other riders who’ll wait patiently for the light to change.

Or the ones who complain about dangerous, unpredictable cyclists hogging the traffic lane, as they sit behind the wheel of their Hummers and Escalades applying their makeup and texting.

But they do have a point, up to a point.

I would argue there are more cyclists who safely share the road, observing traffic signals and right-of-way rules, than there are those who don’t. But you don’t have to spend a lot of time on the road to spot a few who seem to push the limits of safety and sanity.

Take the rider I saw this afternoon. Please.

There he was, blithely cruising through heavy traffic on a busy L.A. boulevard, headphones on and riding in the lane with no hands, a shopping bag dangling from one hand. Fortunately, most drivers were going out of their way to give him a wide berth.

Then again, most Angelenos try to avoid crazy people in the street.

Then there was the guy on the mountain bike who was making his way on the wrong side of the same street, like a salmon going upstream to spawn. And just as a salmon dies after spawning, I wouldn’t have wanted to lay odds on his chances of survival.

It’s one thing to take the lane. But seriously, you’re far better off going with the flow of traffic, instead of wondering why all those people are honking and swearing as they swerve around you.

Of course, I’ve seen worse.

Like the guy who took the lane on Santa Monica Boulevard as he rode through Century City awhile back, despite the presence of one of the city’s better bike lanes sitting clear and unobstructed just a few feet to his right — and a long line of unexpectedly patient drivers following behind. That is, until a cab driver tried to slide by him to get to the right turn lane, and had to endure a violent tirade from the rider for trying to pass him in the bike lane. And yes, that’s the same bike lane he had no interest in using himself.

Or there were the two guys I saw blow through a red light last summer, even though that meant worming their way through a crowded crosswalk, as people struggled to jump out of their path.

For anyone out there who may not be clear on the subject, pedestrians in the crosswalk have the right-of-way. Always.

Period.

I somehow managed to resist the temptation to chase them down and shove their bikes into the same orifice their heads seemed to occupy.

Yet, if you listen to the comments these drivers make, that’s exactly what we’re supposed to do. They expect us to assume responsibility for every law-breaking jerk on two-wheels.

We’re told that it’s up the bicycling community to make the outlaw cyclists straighten up and ride right. And that’s the only way we’ll earn the respect of drivers, and earn our place on the streets.

Which is absurd, of course.

While I would hope that everyone would learn to ride safely — and use a little common sense while they’re at it — our right to the road is already guaranteed by law. It’s not something that has to be earned, or a consideration given by those who share the road with us.

They’re obligated to share the road, safely, regardless of whether they think it’s safe, or smart. And whether they like it or not.

How someone else rides is no more your responsibility than those who speed, fail to signal or make illegal U-Turns are my responsibility when I’m behind the wheel, or that of any other driver on the road.

And until they get that, I don’t expect their respect.

And people like that shouldn’t expect ours.

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One of the few things I’ve never experienced on a bike — two flats at the same time, from the same pothole. Creek Freak notes improvements to the Elysian Valley Bike Path. The issue isn’t why more men support vehicular cycling, but why so few women ride. Riding Miami’s life-risking Rickenbaker Causeway, two weeks after another rider is killed. Are bikes expensive toys or serious transportation? A Kiwi Olympian is injured in crossing collision in bike-unfriendly Christchurch. In Copenhagen, even manhole covers are bike friendly. Finally, a reminder that people can’t be put back together after an accident.

Category: General / Tags: , , ,

Today’s post, in which I prepare to talk bikes on KPCC

November 10, 2009 / / 8 comments

The closest I’ve ever come to being on the radio was when I was a kid, and talked the local late-night DJ into playing Pink Floyd’s classic Several Species of Small Furry Animals Gathered Together in a Cave and Grooving with a Pict.

Which I’m sure had nothing to do with the suspension he received the next day.

That’s about to change.

Wednesday morning, I’m going to be on the AirTalk program, along with LADOT Senior Bikeways Coordinator Michelle Mowery, on Pasadena public radio station KPCC.

It’s a sequel to last week’s lively discussion about the Good Doctor’s trial and well-deserved conviction. I’m hoping to correct a number of misconceptions from the original show and the online comments that followed, such as the idea that it’s illegal to ride two-abreast and that it’s safer to ride on the sidewalk — or illegal to ride on the sidewalk.

Wrong on all counts.

No, really.

Here’s how they describe the upcoming program:

Topic: PAVEMENT WARS – PART 2: Last week we talked about the assault, battery and mayhem convictions of Dr. Christopher Thompson, who attacked a group of cyclists on Mandeville Canyon Road by swerving his car in front of them and jamming on the brakes, seriously injuring two of them. Response to the segment was overwhelming. However, many KPCC listeners raised questions about the laws that govern cyclists. Are cyclists required to yield for passing cars? Are bikes permitted on sidewalks? What are the rights and responsibilities of California cyclists? And what is being done to improve conditions for bikes?

You can tune in from 10:20 to 11 am Wednesday, November 11 at 89.3 FM. If you’re stuck at work or outside their broadcast range, you can connect to the live streaming broadcast on their website at www.scpr.org/programs/airtalk. Or come back later in the day to download a podcast of the program.

It should be a very interesting discussion.

And I promise not to make Larry Mantle do anything that will get him suspended.

………

Stephen Box offers a powerful reminder that the Good Doctor’s conviction is just one case out of many that never get that far. Will Campbell explains why he’ll just go for a bike ride during next year’s Stadium to the Sea L.A. Marathon. LACBC offers their comments on the new bike plan, while Long Beach is on a mission to become the most bike-friendly community in America. L.A. used to have a state-of-the-art elevated bikeway. Seriously. More great shots from Russ and Laura’s West coast bike tour. Seattle has a new cycling mayor. D.C.’s cycling mayor clogs traffic; or maybe it’s the media trucks who follow looking for a story. Finally, New York added 200 miles of bikeways over the last three years; now bike commuting is up 66% in just two years. Coincidence?

Category: General / Tags: , , , , ,

Bikes and politics: Choosing the best candidate in CD2

September 17, 2009 / / Comments Off on Bikes and politics: Choosing the best candidate in CD2

Maybe you didn’t notice that we have yet another election next week, in L.A.’s 2nd Council District.

However, unlike the recent race in CD 5, I haven’t been involved in this one.

That’s partly due to the overwhelming number of candidates in the race. It was hard enough keeping up with a race with just six candidates, five of whom eventually submitted statements discussing their stands on local bicycling issues — including the eventual winner, Paul Koretz.

And partly due to plain old-fashioned political burnout, after last fall’s election, followed shortly by two elections in CD5 and the race in state Senate District 26, eventually won by Curren Price.

Frankly, by the time it was over, I didn’t want to hear from or about any more candidates. Even if they promised to turn the Santa Monica Freeway into the city’s first bike boulevard.

Fortunately, Damien Newton over at Streetsblog stepped in to pick up the slack.

So far, he’s managed to get responses from seven of the 10 candidates — which I’ve learned is no easy task. Some offered the typical by-the-numbers, guaranteed-not-to-offend anyone answers; yet a surprising number have shown real insight into this city’s many transportation issues.

Most of the candidates oppose the mayor’s plan to trade the city’s parking meters for a bundle of cash and a player to be named later, and oppose the automatic speed limit increases currently mandated by state law — something AB 766, sponsored by one of the candidates for the CD2 seat, would address. Even if some people don’t want to talk about it.

All seven seem to support cycling, as well as other forms of alternative transportation. And all support measures to help keep riders safer on the roads, with varying degrees of insight.

Cycling activist Stephen Box also seems to have made an impression on just about all of them. But then, he has a way of doing that. Just ask Tom LaBonge.

Even if you’re as tired of the endless electoral cycle as I am, though, this election matters.

And your vote matters.

So allow me, briefly, to be obnoxiously self-indulgent and quote something I wrote during the CD5 campaign. Because it’s just as appropriate today, in this election, as it was seven months ago.

One of these people will be the one we turn to when we need to address the lack of cycling infrastructure in this city. He or she will also be responsible, along with the other members of the council, for turning the Cyclists’ Bill of Rights from mere words to meaningful change, as well as addressing the future of transportation — and quality of life — in this city. And by extension, for every city in the surrounding metro area.

This same person will be the one you’ll reach out to whenever you have a problem or concern in this district — and hope that… he or she will actually listen to you, and do something about it.

It matters. Not just for the (2nd) District, but for the 4th, 12th and 15th. And every other district, and for every other cyclist, in the city.

In a race with this many candidates, and the notoriously low voter turnout in this city’s local elections, a single vote could actually make a difference.

Your vote matters. Your support matters.

It all matters.

No really, it does.

So take a moment to click on the links below and read what the candidates have to say. And if you live in CD2, make time to vote on Tuesday.

Assuming there’s a runoff — which is almost guaranteed with so many candidates — I’ll ask the winning candidates to get more specific about cycling issues before the next election.

Because we need to elect people who care about bicycling.

And about making this city a better place. For all of us.

Mary Benson

Chris Essel

Tamar Galatzan

Paul Krekorian

Michael McCue

Frank Sheftel

Zuma Dogg

Not responding as of Sept 17, 2009: Augusto Bisani, Jozef Thomas “Joe” Essavi, Pete Sanchez.

I won’t tell you how to vote. But considering that openness and responsiveness are two of important qualities a council member, failing to respond to Damien’s questionnaire really isn’t a good sign.

………

Santa Monica’s AltCar Expo will offer an expanded bike section, Oct. 2 &3 at the Civic Auditorium. The Anonymous Cyclist — whose secret identity I know, but you’ll never get it out of me — offers you a chance to write to anything you want about cycling. Anonymously, I assume. Damien drops Santa Monica from Friday’s Park(ing) Day Ride after Santa Monica drops Park(ing) Day. Alex gets the response he expected to his comments about bike theft vigilantes. The Valley gets its first Bike Kitchen/Bikerowave-style co-op. Elisa at Bike Skirt says just let her ride and don’t try to label her. Bob Mionske tells the tale of two young Canadians; one who grew up to be a cyclist, and the former Attorney General who went on to kill him. The Tucson Bike Lawyer says it actually is against the law to kill a cyclist in the bike lane, if they could only get someone to press charges. Finally, a cyclist in my home town is hit by a car; police say charges will depend on the extent of his injuries. Are they suggesting that it’s okay hit one of us, as long as you don’t kill anyone?

Category: General / Tags: , , , ,

What You Need to Know about Police Reports

May 25, 2017 / / 4 comments
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP

 

A close up view of a traffic collision report form.

I settled a Malibu bike collision case in which the driver of a motor vehicle made a left turn into the cyclist. The accident happened at dusk; it was not dark out yet. The police report states that the cyclist was cited for “unsafe speed conditions” because the cyclist was wearing all black.

When I was taking the sheriff’s deposition, I asked him why he cited the cyclist for wearing all black. He told me he asked another officer at the station who told him that because the cyclist was wearing all black, he was going too fast for the conditions.

The cyclist was going 15 – 20 mph! This conclusion is absolutely wrong. What the cyclist was wearing had nothing to with “unsafe speed conditions” (VC 22350).

More recently I represented a woman who suffered serious personal injuries in a pedestrian collision. My client was crossing in the crosswalk, with the light, when she was struck by a motor vehicle. When I took the deposition of the police officer I asked him why he didn’t take a witness statement from the friend who was walking next to her at the time of the collision. His answer was that as a friend of the victim he figured the witness would be biased and would just back up whatever the victim said. Regardless, it was the officer’s responsibility to take statements from all witnesses.

I have represented hundreds of cyclists. The one constant in all of these cases is the police report. I’d estimate that 60 percent of the time, the police reports I see blame the cyclist for the collision.

So is it worth getting a police report? Simply, yes.

Though police officers are often biased against cyclists, they usually get the facts of a bike collision correct. Such details as: the time, place, weather, what direction each participant was going and where they were located when the accident happened, contact information for witnesses, confirmation of insurance, and any physical evidence at the scene, is usually recorded correctly.

It is the police officer’s conclusion that is typically wrong. Though I would much rather police officers would lose their cyclist bias, filing a police report is still beneficial to your legal case and to your insurance claim because it sets out in writing the basic facts.

If the police refuse to come to the scene or they come to the scene but refuse to take a police report, I suggest you go to the nearest police station and file a report yourself.

Police reports with tainted conclusions or incorrect facts also need to be addressed. You can go to the police station and file a Supplemental Statement. This allows you to correct the facts and is attached to the original report. Though the police won’t change their police report, at least your version or the correct facts will be in the report.

The filing of a biased or incorrect police report will make the handling of your case or insurance claim more difficult, but the police report and the opinions and conclusions of the police officer are not admissible in court since in most instances the officer did not see the accident themselves. This makes most police reports hearsay and not admitted into evidence.

Where police reports have an effect is on the insurance company. When the insurance company reads the police report and accepts the officer’s conclusions, it may refuse to settle your case or offer you much less compensation than which you are entitled.

The result is that we have to file a lawsuit, gather evidence, and take the police officer’s deposition to prove the officer was wrong. Frequently it is during or after the deposition stage that the insurance company will offer to settle the case to avoid going to court.

Now a days a number of cities – including the City of Los Angeles – will not send an officer to the scene of the collision if there are no injuries (and you should NEVER comment on injuries or guilt to ANYONE, including a police officer).

If you are in a collision and the police refuse to come to the scene, but you want a police report taken, you will need to go to the nearest police department to file a report as I mention above. Getting the facts on the record is always helpful.

Remember, filing a police report does not mean you have to file a legal case. It can assist you in collecting compensation for damages you incurred in the bike collision and, should you decide to take legal action later, a police report will be of value to your bike collision lawyer as he is pursuing your case.

 

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

Jim Pocrass, Pocrass & De Los Reyes LLP

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers in America and to Southern California Super Lawyers lists for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.

 
Category: Bikes Have Rights / Tags: , , , , ,

Attorney Solves the Great Mystery of the “No Biking In Crosswalk” Signs

February 18, 2016 / / 7 comments
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP

USC Crosswalk Sign

Cyclists biking around the University of Southern California may once again be stopped and cited for riding their bikes in a crosswalk.

The officer stopping them, whether they are from the Los Angeles Police Department or USC security, when asked why they are writing a ticket might reference the sign that reads “Walk Bikes In Crosswalk” as the reason for citing the cyclist. What the officer apparently doesn’t know is that there is no such law, regardless of what the signs says.

At the Los Angeles County Bicycle Coalition Open House a couple of months ago, I met a graduate student who attends USC and who is a cyclist. He told me about this sign at Jefferson and Royal, and a few others like it, near the USC campus. He wanted to know if these signs were accurate and enforceable. A few days later he took and emailed me the accompanying photo.

I knew this wasn’t a question of law as bicycles can be ridden – legally – through crosswalks. So where and how and why was this sign on the street?

We contacted Sgt. Flynn of the LAPD, Central Traffic Division, who said, “I do not know of any California Vehicle Code section that states you can’t ride your bike in a crosswalk.  The only section that someone could be cited for, if it is an official sign, would be CVC 21461(a)vc ‘Official Traffic Sign or Signal-failure of Driver to Obey Regulatory Provisions.’”

So where did this sign come from and why is it still there? What we found out after many, many telephone calls and emails, is that the sign is reflective of old laws that empowered officers to cite bicyclists for not walking their bikes in a crosswalk. But that law was taken off the books in 2006.

This is not a new issue, particularly in the USC neighborhood. In September 2009, the Daily Trojan reported that a task force of LAPD officers and USC security was being put together to regulate safety. This would include sting operations set up at intersections to cite cyclists riding their bikes in crosswalks. Citations could cost up to $250.

On Jan. 12, 2010, four months later, Streetsblog wrote a more extensive article on this same topic called “If You Want to Know Bicycle Law, Don’t Ask the California Highway Patrol, Part 2.” Streetsblog reported that, as we know, there was no law that stated that cyclists had to dismount and walk their bikes in crosswalks. Ten years later, since the 2006 change in the law, we’re still discussing these same issues.

Los Angeles Department of Transportation has jurisdiction over most traffic devices – signs and signals – in the City of Los Angeles. DOT employees confirmed that this sign is a DOT sign and it was installed by DOT.

LADOT’s Bicycle Coordinator Michelle Mowrey was one of the people involved in the 2006 modifications of the California Vehicle Code that resulted in the removal of the law that bicycles had to be walked through crosswalks.

When we asked Mowrey about this sign, she told me that whether or not it is reflecting the pre-2006 law, it is a non-standard sign.  Mowrey told us that though the sign doesn’t appear in any Caltrans’ manuals, a black-and-yellow sign, as it is, indicates that it’s a warning sign, not a regulatory sign, which is black-and-white. Citations can be issued only on regulatory black-and-white signs. That’s why speed limit signs are black-and-white and “Share the Road” signs are black-and-yellow.

An LAPD representative said the LAPD was not involved in the signs. We were told their opinion of the sign is that it is a safety recommendation. Our question, then, would be, do LAPD officers know that or are they still ticketing cyclists for disobeying the sign? We don’t have an answer to that question.

We talked to three different people at LADOT about why these signs were up. In essence, they all said that after the law was changed, in 2006, steps were taken to remove signs like these on all city streets. These signs were overlooked, apparently, and it was just an oversight.

Mehrdad Moshskar, LADOT’s central district engineer, was our next stop. We were referred to him to find out how to get the signs removed. Moshskar assured me that all of these signs in that area of town would be removed soon.

People have asked me if I thought the signs originated with USC. I have no idea, and no one knew or was willing to tell me.

The official answer came from Tim Fremaux in the LADOT Bicycle Coordination Department who said, “Anyone can submit any traffic-related request via myladot.lacity.org and it will be reviewed. If DOT approves the request, it will be implemented on our streets.”

There are Traffic Division and Bicycle Liason meetings held on a quarterly basis, which are open to the public. These meetings include representatives from LADOT, USC, the Los Angeles City Attorney’s office and other public groups. For more information about these meetings, contact Lt. Chris Ramirez at 213-486-6000.

Meanwhile, if anybody goes past Jefferson and Royal, would you email me at info@pocrass.com and let me know if the sign is still up?

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.

Category: Bikes & the Law, Bikes Have Rights, Guest Columns / Tags: , , , , , , ,

Morning Links: A bridge over troubled roadway, post memorial hit-and-run, and buffed Cipollini in the buff

February 18, 2016 / / One comment

Metro is preparing to open a new pedestrian bridge linking the Universal City Metro stop to the Universal Studios across the street this April.

Because slowing traffic and fixing the street on busy Lankershim Blvd so it would be safe for pedestrians was apparently out of the question.

So if you take your bike on the subway to visit City Walk or take the studio tour, you’ll need to either cart it over the elevated walkway — if bikes are allowed on it — or risk your life crossing a street that city officials seemingly determined was too dangerous to fix.

………

Something is seriously wrong when a bike rider is injured in a left cross hit-and-run after attending a memorial for a fallen 13-year old San Diego bicyclist. Thanks to Bryan Jones for the heads-up.

………

Italian cycling great Mario Cipollini responds to complaints about riding without a helmet by donning one to ride on rollers. And doffing everything else.

………

Local

The Biking Black Hole is looking for volunteers to test its new bikeshare program starting next Monday; there will be two stations with 50 bikes in Beverly Hills during the pilot phase, part of the promised expansion of Santa Monica’s Breeze bikeshare program. Although the question remains whether users will be able to find a safe place to ride in the notoriously bike-unfriendly city.

CiclaValley urges you to write to keep Griffith Park’s Mt. Hollywood Drive closed to motor vehicles, citing Burbank’s Mariposa Street bridge debacle as an example of what could happen.

 

State

Irvine is asking bike riders to ring a bell to politely announce their presence. Or you could just say “hello” or “excuse me.”

The San Diego Reader talks to local residents who accepted New Belgium Brewery’s challenge to live carfree for a full year, and finds they like it.

Tres shock! A planned road diet reducing the Coast Highway in Oceanside to two lanes, along with bike lanes on either side, is meeting resistance from some local residents. Not unlike virtually every proposed road diet, and most bike lanes, everywhere.

The CHP blames a Palo Alto cyclist for making an unsafe lane change in a fatal collision; he was riding in a bike lane that forces riders to cross high speed traffic merging right onto an on ramp. From the description, it sounds like the real person responsible the tragedy is whoever designed the bike lanes in the first place. Not to mention whoever approved a 55 mph speed limit on a surface street.

A Dublin driver who hit a 12-year old boy riding his bike swears he didn’t do it on purpose; fortunately, the victim is expected to survive.

 

National

Dallas and Forth Worth plan a 64-mile bike trail connecting the two cities. Yet we can’t even manage to get a continuous bikeway connecting Downtown LA and Santa Monica.

Women bike messengers in Chicago call for an end to cat calls and harassment. Seriously, women should just be allowed to do their jobs, and ride a bike without being subjected to abuse.

Urbana IL police donate abandoned and unclaimed bikes to people who need transportation.

A Brooklyn street gets an upgrade from sharrows to buffered bike lanes after overcoming previous opposition. Meanwhile, the head of a neighborhood group is trying to stir up a scandal, saying two members of a community board should have abstained from the vote that overwhelmingly approved bike lanes on another street, even though it wouldn’t have made a damn bit of difference in the outcome.

NY Streetsblog questions why one police precinct openly permits illegal parking in a bike lane.

Outside reports on the sad last days of BMX legend Dave Mirra, who took his own life in North Carolina earlier this month; friends say he was depressed and had lost direction, despite making plans for a comeback.

 

International

Caught on video: A British cyclist narrowly escapes being hit by a large truck in a dangerously close pass.

Former Brit pro cyclist David Millar says he can teach young cyclists about the dangers of doping, following his two-year ban for using EPO. In that case, just imagine what Lance could teach.

Russian two-time road cycling bronze medalist Olga Zabelinskaya is cleared to compete in the Rio Olympics after accepting a postdated 18-month ban for a performance enhancing drug, which expired five months ago.

To cut down on congestion, Mumbai is proposing to ban all new car and motorcycle registrations after a yet-to-be-determined date; the city also plans 100 new cycle tracks, among other roadway improvements.

The five best places to ride you bike on your next business trip or vacation in Abu Dhabi.

Aussie world track champ Annette Edmondson is lucky to escape serious injury after t-boning a car on a blind corner at 31 mph.

A Singapore writer puts his own local spin on the old “we’re not (insert bike-friendly city here) cliché.

 

Finally…

Why roll when you can walk while you ride. Now you can use your butt to fill your tires.

And who needs wheels when you’ve got snow?

……..

Come back later this today when we’ll have the latest Bikes Have Rights guest post from LA bike lawyer and LACBC board member Jim Pocrass.

Category: Bikeshare, Morning Links / Tags: , , , , , , ,
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