01 March 2013

Conflicting feelings

I've gotten spoiled, I guess. I've not had any run-ins with law encroachment officers (ahem) over my lane position in over a dozen years and well over thirty thousand miles.

Until yesterday.

I'm not even sure how much I want to say about this publicly, as I really want a couple things to come out of this experience--namely that the department and especially the officer in question quit harassing cyclists for taking control over our own safety.

At issue is the perception by this law enforcement (encroachment?) officer that bicyclists are supposed to stay very close to the white line (fog line, if one prefers), presumably under KRS 189.300. That statute reads (with apologies for kerning issues):




189.300
Vehicles to keep to right.
(1) The operator of any vehicle when upon a highway shall travel upon the right side of
the highway whenever possible, and unless the left side of the highway is clear of
all other traffic or obstructions for a sufficient distance ahead to permit the
overtaking and passing of another vehicle to be completed without interfering with
the operation of any vehicle approaching from the opposite direction or any vehicle
being overtaken. The overtaking vehicle shall return to the proper traffic lane as
soon as practicable and, if the passing vehicle enters the oncoming traffic lane,
before coming within two hundred (200) feet of any approaching vehicle.
(2) The operator of any vehicle moving slowly upon a highway shall keep his vehicle as
closely as practicable to the right-hand boundary of the highway, allowing more
swiftly moving vehicles reasonably free passage to the left.
 On its face, this statute clearly shows a willingness to subvert the safety of a slower-moving road user to the perceived convenience of a faster-moving road user, as there is no specificity of vehicle type. This is wrong at its core.

Never mind that by taking the center of the lane, as I was doing at the time of initial contact, I am far more visible at greater distance, allowing an overtaking road user to adjust to my presence with less drama (and greater safety). Never mind that by taking the lane, I am also communicating with said overtaking road user that it really is NOT safe to pass at the moment, either in my (too narrow for such things) lane or due to possible oncoming traffic.

The cop declared that HE was the one who determined what is practicable, although in states where practicable is mentioned the cyclist has numerous caveats for conditions not readily visible from a motor vehicle being driven at 35+ miles an hour (debris in the roadway, surface defects), or that the lane is too narrow for side-by-side passing, or that the rider is preparing for a left turn, or passing an even slower rider.

The cop gave me a verbal warning, and did not look at my driver's license. I have his badge number and name. Nonetheless, he did warn that if he saw me again, he would cite me and have it go to court. My concern here is that the judges in Oldham County are not over-friendly to cyclists, given the hue and cry from the anti-bicycle-biased citizens of that county we see peak every year about Ironman time (late August, after a summer of triathletes training on US42 all the time). This threatens my freedom to move within the county, which certainly has a deterring element. I don't wish to waste time in court defending my right to drive defensively according to current best practices as recognized on a national level by folks a lot smarter than this law encroachment officious, er, well, police officer.

Now to construct a presentation to the officer's commanders that will help ALL who cycle in Oldham County...

2 comments:

Chainring said...

I feel your pain. I've never been harassed about my lane position (by law enforcement anyway) but I know its coming some day. And how to convince someone that doesn't ride why it makes more sense for you to be farther to the left for visibility...

Ian Brett Cooper said...

I fear this too, although I've had a few cop cars ignore me when I've been taking the lane. It's a shame that LEOs in many (most? all?) states are not properly taught the laws as regards cyclists.