Nice Meeting You Again, Officer Watson!

On Thursday, January 14, at about 2:30, I again set out to travel home from Waxahachie. I was looking forward to a shower, calcium supplements, a balanced and adult sized meal, and coffee. (Mmm, coffee!)



A light rain began falling as I proceeded. I was concerned that I would be able to maintain my core body temperature if I got soaked. I was wearing an athletic breathable fabric undershirt and two cotton based sweaters, as well as tights, shorts and toe covers. Oh, and a neck gaiter. I wished I had my hat.



I wondered what an experienced all winter cyclist like Rantwick would do in my situation. (An hour long drive home with inadequate clothing.) I decided he would call Mrs. Rantwick! But alas, I couldn’t find anyone to loan me a cell phone with international access, so I abandoned the notion of calling her.



The wet conditions really concerned me. Texas automobile drivers seem to have no knowledge whatsoever about the maximum speed law. (Known as the Basic Speed Law everywhere outside of Texas.) But on the previous day, I had noticed that it had been a long time since the shoulders of Hwy 287 had been swept. Crossing that minefield, with my vision impaired because of my glasses and poor traction, it was an equally daunting prospect. Remember, the vast majority of my solo crashes have been in wet conditions.



I drove on the roadway.



The police pulled me over within a few yards of where they stopped me the previous day.
And who should step out of the Ennis Police unit? None other than Officer Watson!



“We have to stop meeting like this, Officer Watson.” I quipped.



“Mr. Bates, you are under arrest;” he said. “for impeding traffic.”



I asked if I could turn off my taillight. He gave his permission, and I flipped my front break release as well.



He asked me to remove my back pack, and I asked if I should take off my gloves and put them in as well, and that was OK with him too.



He took me around to the passenger side of the car and put me in the back. There was a little more room here than there was in the Ellis County cruiser, but not much. Before he put me in, I invited him to remove my front wheel when he stowed my bicycle to make it easier.



Sgt. Sifuentes showed up as backup as Officer Watson wheeled my bicycle to my door and opened it to ask me for directions on how to remove my front wheel. Thank you, sir!



Because of all the computer and radio equipment in the trunk space, my bicycle would not allow the trunk lid to close. Using his initiative, Officer Watson used a trash bag to keep the lid partially shut. Thank you, sir!



We had a friendly conversation on the way to the Ennis PD jail. Officer Watson was curious about me going to jail the night before, and he talked a little bit about a previous job he held, a point in common between us.



As I exited the vehicle, I warned Officer Watson of my concern about walking on hard surfaces in my cycling shoes. As we went down a flight of narrow cement stairs, his steadying hand was comforting, and perhaps even necessary. Thank you, sir!



I will jump over the part of being booked and my second night in jail until tomorrow, except for some comments about what happened when I was processed out:



There were some surprises! I discovered that they had examined the contents of my seat bag. Perhaps they expected to find a syringe and EPO in there!



But when I opened the plastic property bag, there was a strange small paper bag inside, tagged with my name. Looking inside, I found that my hat had been returned to me! How cool is that?





Someone had to go a substantial distance out of their way to return it to me. To a different department too. It was a small thing, just a simple cycling cap. But I reckon it as a big deal. That was really nice.



So free again, I proceeded to impede traffic all the way home.

You Are Under Arrest!

Checking over my shoulder, I merge onto the roadway and head for home. Within seconds, Red lights are flashing and I am again pulled over, even though I have broken no laws.


As deputy Z* got out of his cruiser, I turned off my taillight and double checked that my water-bottle was closed. I should have thought to flip my brake release levers, but I missed that one.
“Turn around and place your hands behind your back.” With those words my liberty was suspended. I was now a prisoner of Ellis County Sheriff’s office.


Deputy Z put me in the back seat behind the drivers seat. There was no more than four inches between my seat and the back of the front seat. I had to twist sideways to find a somewhat comfortable position. The tight confines made finding a “safe” position for my ever-threatening-to-cramp legs. My cycling cap was dislodged and fell to the floor. I forgot about it when I got out of the car. This was the unit that would take my bicycle to impound, and when my bicycle was returned to me, my hat was not with it.


It was a small thing, that hat, but useful. It was the only adjustment I made with my clothes for the return trip. I went to Waxahachie bare headed, but because dusk was approaching, I wanted to retard some of the heat loss going home.


The thin and light hat is very flexible, especially when combined with skull caps and beanies, helping to keep things just right over a wide range of temperatures. There are too many pressing needs that are ahead of a new hat, so I won’t be replacing it very soon.


Deputy z began trying to fit my bicycle into the trunk. I tried not to think about it. I finally couldn’t stand it any more and I shouted at him to take the front wheel off. He came forward and opened my door to hear what I was fussing about. I calmly asked him to take the front wheel off.



He retreated to the back of the car again. I heard voices. Another unit had arrived.


The door on the passenger side was opened. A new deputy, who I regret that I failed to remember his name, asked me to get out on that side of the car. “It’s safer than on the traffic side.” He said.


I couldn’t just slide over, because there was a center post that left zero inches between the seats. My legs were still threatening to cramp, and now I had to twist and turn and worm my way across the seat. I asked him to grab my shoulder and help, and once this deputy got permission, it went much better.


This deputy had me stand on the side of the road, off the shoulder, and he patted me down. I didn’t have many places to secret contraband in my long tights! He was soon joined by another Ellis county police unit. That made ten police cruisers that contacted me that day- ten police units to suppress the Hwy 287 crime wave!


It was decided among the three that Deputy Z would take my bicycle to impound, and the deputy who helped me out of the car would take me to jail. He took charge of packing my bicycle into the car, and he wisely abandoned the idea of using the trunk. I was standing a few feet away from him, as he began to put it into the back seat. I suggested he put it in with the derailleur on the other side.


“What’s a derailleur?” he asked. “The drive train. Put it on the other side, it will go in easier.” I resigned myself to losing several available gears on the ride home due to a bent derailleur. Sigh. (My bike was undamaged in the end- Thank you, sir!)


(As I re-read this description, I can see that my dear reader could get the idea that I am being derisive of this deputy. I really think it is commendable of him. He didn’t understand, just as you and I once didn’t, and he has the self-confidence to ask a “stupid” question. Now he knows, and my instructions were clearer as I adapted them to better fit his bicycle knowledge.)


He turned the bike around, with the front wheel removed and began gingerly working it into the car. “Make the pedals parallel to the ground.” I suggested. “And turn the handlebars sideways.”
He responded magnificently and it was put away smoothly. Then he put me in front seat of his cruiser (My crampy legs were grateful!) and buckled me in.


Now as we are driving back to Waxahachie, he begins pumping me with questions, and I smelled a conspiracy to get me to say things to be used “in a court of law”. I got real careful in my answers, to only speak about the law, not motivations.


But I think he was genuinely curious, as he allowed he was crash investigation specialist. When I mentioned the legal basis for using the roadway by section address, he immediately pulled up chapter 551 on a internet connected laptop between us. With it displayed before us, we discussed the language of the bike specific laws. And we discussed some of the things that make shoulders hazardous to travel on for a cyclist. I don’t know if he was persuaded, but he listened intently and asked good questions.


I will set aside most of the interesting things that happened in the Ellis County Jail for a future post, but a couple need to mentioned now.


During processing, I was informed that the charges against me had been changed. (I don’t remember the original charges because the new charge is so astonishing.) I was arrested for: “Operating a bicycle on the roadway.” Wow. That is sort of like being arrested for walking on a sidewalk!


I also want to make clear that there were many courtesies extended towards me, most done without my requesting them. There is nothing that I can complain about over my treatment, and much that I have to be grateful for. I have a lot to say about this later as well.


So I have been ticketed twice for operating legally on a public road, and even arrested for it, having my liberty physically suspended for a period of nineteen hours. (Although I did sort of ask for it!) I am becoming anxious to present my case before a judge. I cannot guarantee that there won’t be more crime waves breaking out on Hwy 287.


* Sadly, I do not remember this deputy’s name, although I am sure it began with a “Z”. I normally have trouble remembering names, and this had been a busy day. In my defense, I expected his name to be on my paperwork, and it is not. But I have the right to confront my accuser, so I will see him again.

Perilous Journey

Wednesday January 13, 2010





I rolled out of my driveway at about 2:30 on a trip to Waxahachie. It was warmer than it had been in days, even though it was cloudy. The weatherman had predicted a high of 55 degrees, but it was already warmer than that. Rain was scheduled to start the next evening. I had some extra pieces of warm clothing in a small back-pack, just in case I was caught out after dark.



Raining buckets



Turning right onto West Ennis Avenue, I found that traffic was unusually light. Up ahead, on the right side of the road is a Jiffy-Lube station setback from the road about two hundred feet.
Their parking lot/driveway has long unobstructed sight lines for my travel lanes. As I approached that driveway, a delivery truck, the size of a rental truck, speeds down the driveway and onto the roadway in front of me. (Yes this scofflaw driver failed to stop before crossing the sidewalk, tisk tisk!) There was never a chance of our colliding, and there was no traffic behind me at all. At least, no chance of the truck colliding with me. His cargo, however, that is a different matter!



He had turned away from me enough so that when he crossed the sidewalk I was able to observe his roll-up back door slide open! And out slides a plastic five gallon pail of some unknown liquid, and it slides directly at me! Yikes! I prefer dogs over pails, all things considered…



I successfully dodged that pail, and I watch as two more crash to the pavement up ahead. Astonishingly, none of them broke their seals. The pail behind me had rolled around onto the shoulder, but the ones up ahead came to rest in the suicide left turn lane and the passing lane, respectively.



I quickly do a shoulder check, and see that there is only one automobile approaching, and it is being steered in my lane. The operator seems to be slowing to maneuver around me, and I fear they may not observe the gray colored pails in front of me in time to avoid them and me both. I raise and lower my left arm as though I am attempting to fly with one wing to alert them. (It can in no way be described as a Keri wave.)



The communication has it’s desired effect, the automobile driver slows to about fifteen miles and hour and carefully maneuvers around all the obstacles. I stop and carry the pail out of the travel lane and onto the shoulder of the road. Jiffy-Lube employees are collecting the others. Traffic was so light, no other vehicle came by until after I had continued on my way.
Crime wave reported on Hwy 287



Traveling west on Hwy 287 is uneventful outside of the usual geese. As I approach Ennis city limits, two Ennis police cruisers pull around me and stop in a cross-over ahead of me. Both officers get out and I recognize Sgt. Sifuentes.



The other officer (Perhaps Officer Hudson? I am not sure, but I think so.) shouts something to me, perhaps imploring me to drive on the shoulder, but a platoon of traffic makes it impossible to hear them. I proceed on my way.




Nothing else unusual happens while on Hwy 287. But while I am transitioning from Hwy 287 to Business Route 287, State Trooper Jackson pulls me over.



In response to my question as to why he pulled me over, he tells me they had been receiving a lot of calls about me.



I ask him if he had observed any illegal behavior on my part, and he claimed he hadn’t. I complain that he was out of line in pulling over a law abiding citizen on the flimsy evidence of Texas drivers who know little about traffic law.



He agrees with me, and asks that I be careful and releases me. I counter that he should advise his dispatchers to tell those complaining about me that we have the right to travel on the roadway. I ask him if I could take his picture, and he agrees, noting that he is taking mine with his dash camera.



My experience with state troopers has shown that they, as a group, they are far more familiar with the slow moving vehicle statutes than any other police force I have had contact with.
Outside of his poor decision (In my opinion.) to pull me over, Trooper Jackson was exemplary in his professional demeanor. Other than the circumstances, I am glad to have met him.


Funny comment in town



I was the first in line at the red light at Business 287 (Main St.) and Hwy 77 in downtown Waxahachie. Ahead of me, at the business on the right corner, they are doing some construction project inside, and one of their work trucks is parked on the sidewalk- in order to be close to the side door.



A fella is holding the door open for the passage of the workers trooping to and from the truck. As I proceed through the intersection on the green light, I overhear him say to someone inside the building; “Hey, look at this cyclist riding in the middle of the street like a car!”
I wish I had managed to say; “Yeah, and look at the guy who parks his truck on the sidewalk!” I had a good chuckle over it anyway.



The perilous trip home



While traveling homeward along Business 287, within a mile or so of Hwy 287, a state trooper pulls up beside me on the shoulder, and paces me. We have a conversation that way, traveling abreast.



He suggests a different route for me, and at first I misunderstand his meaning. After a bit, I see that he is suggesting that the next time I ride this way, I go north on Hwy 77, follow the service road to where it ends, and then enter Hwy 287 about three miles before I would on my present route! He thought it would be better for me because the road surface would be a lot smoother. Finally, advice I can use!



It would be out of my way some, but the upside would be I would get to annoy many more motorists! Hwy 77 is nice but busy four-lane, compared with the light traffic and bad surface on Business 287’s two-lane.



Needless advice, but with emphasis



As it is past five o’clock, traffic is considerably heavier now on Hwy 287. Typically, many geese sound their annoyance as they overtake me in the open lane to my left, and occasionally on the shoulder to my right.



In the distance ahead, I see a pick-up pull onto the shoulder and stop. I don’t think much about it at the time.
As I eventually approach, the driver hops o


ut of the cab and steps up to the edge line of the right lane. He is middle aged wearing a hard hat and heavy boots.



He gestures wildly pointing to the shoulder. He is very animated and has an angry countenance on his face. I edge over to the left a bit, and eye him warily.



He shouts; “Get on the shoulder! Quick! The police have been called and they will be here any minute!” He hops up and down. As I think back on it, I can easily imagine him saying “Goll durn it!” and “Tar nation!”. If you imagine him as Yosemite Sam, you will have a good image of who he reminded me of.



I belatedly think that I should’ve said; “I can’t! There is a truck parked on the shoulder!”
If I have any wit at all, it is a slow wit!



Civilization saved: The police arrive at last!



Yes, another traffic stop.



Officer Hudson of the Ennis PD approaches me, but I am distracted, leaning over my handlebars in pain.



As I set my left foot down, all of my left quadricept muscles cramp, and I am trying not to scream.



Officer Hudson speaks to me and I ask him to support me as I fear I will topple over, and I tell him about my distress. My right quads, feeling left out, join in the fun and I am not really aware of all of the things going on around me for the next two hours or so. (It was only a minute or two, but you get my drift.)



The usual questions are asked; “Why don’t you drive on the shoulder? How could it be safer on the road? You’ll get run over out there!”



Back-up arrives to make sure the crime wave on Hwy 287 is properly dealt with. From his Ennis police car steps Officer Watson. He comes up as I finally dismount from my bike. He and I exchange pleasantries and have a short conversation.



Officer Hudson writes me a ticket for the crime of: “Park bicycle on sidewalk/impede traffic”. Evidence of progress in their electronic ticket program. They didn’t have a bicycle specific impeding traffic entry back on October first. You can see the wireless device in his hand in his photograph.



I ask Officer Hudson if I can take a photograph of him, and he agrees. I warn Officer Watson that he may wish to step aside if he wishes to be out of the frame.



I am again pleased by the professionalism and demeanor of our Ennis police officers. Their conduct as a whole is commendable. I have no reason to think that there is any personal animosity towards me.



I remove my back-pack to stow away the ticket I have just received, and Officer Hudson and Officer Watson leave the scene in the direction of Ennis.



As I zip up the back-pack, I look up to see an Ellis County Sheriff’s police cruiser pull up to me.
With the opportunity to double-down on yesterdays teaser, I will make you wait yet another day to find out what happened!



(Yes, ChipSeal has descended into blatant cheap tricks to boost traffic to his blog! He really IS an annoying cyclist, isn’t he?)

While Minding My Own Business…

As I zip up my back-pack, I look up to see an Ellis County Sheriff’s Police cruiser pulls up to me.

I am on the shoulder of Hwy 287, and I am about to continue on my way home. It is dusk and I turn my rear light on as wait to see what this deputy wants to say to me.

“We’ve been receiving a lot of calls that you have been riding on the roadway.”

“Yes” I say; “In the middle of the lane, just like all the other vehicles.”

He says; “No, you have to ride on the shoulder.”

“Are you saying I can’t drive on the roadway?”

“I’m saying you have to drive on the shoulder.”

I tell him; “That would compromise my safety. I am going to drive home on the roadway.”

He says; “Your not listening to me, you have to ride on the shoulder, or I’m going to arrest you.”

I say, “Because that is an unlawful order, and it will compromise my safety, I am going to drive in the lane.”

With that, I check for traffic, mount my bicycle and merge onto the roadway.

Tomorrow, I will tell you what happened on that day.

Since I live about 170 miles north of the City of Manor, I can only fantasize about protesting in person their bicycle ban. But I have some ideas about how to make some noise about it if I lived in Austin.

I would drive my bicycle up to the edge where bicycle use is prohibited. I would dismount and take off my cleats and socks. I would then cross the road to walk to the end of manor’s jurisdiction facing traffic. I would use the roadway as a pedestrian for the length of the banned portion of the road, and then remount to continue on my way.

I would not walk on the shoulder, as that would be far too hazardous for me do in bare feet. (I define the word “tenderfoot”)

I would do it as often as I could. I would be especially keen to do this during rush hours. I would recruit my friends so we could do it in groups.

This would be a passive-aggressive gambit. I want to legally obstruct the traffic flow to the extent that the local travelers would rather I be riding my bicycle than walking it.

Because it is a public road, it is open to every form of traffic, except that of bicycles, which are banned. Pedestrians are traffic according to the Texas Transportation Code. (TTC) [1]

I would expect that the police would be called. If they did not show up by the time I traversed the banned section, I would call and complain about pedestrians on the road myself! (In an especially whiny tone of voice, by the way.)

Police Contact

If the good citizens of Manor have arranged to get bicycles off their precious road, they will no doubt feel wronged if a cyclist can walk upon it. Complaints to the local constable may ensue, and it will be good to establish the legality of pedestrian use of the road early with them.

On the road, as a lawful pedestrian, I would end any interaction with police as soon as possible. Outside of giving them my real name and address, [2] I would not give them any other information. I would ask a lot of questions, and write down the answers. I would write down their name. I would ask why they were stopping me. What law am I in violation of? Can I read the ordinance they are accusing me of breaking? Is our conversation being recorded? What is the procedure of obtaining a copy of this recording?

I would continually ask to be allowed to continue on my way. For example;

They might ask you where you are going. Answer: “That away.” Point up the road. “Can I be back on my way now?”

They might ask you where you are coming from. Answer: “From back there.” Point back down the road. “Can I be back on my way now?”

They may ask you what you are doing out there on this road. Answer: “Traveling on a public road. Can I be back on my way now?”

If they ask you why you didn’t use an alternative road, I would say something like “I chose to use this public road, as is my right, is it not? Are we done here?”

An alternative answer to any of those particular questions would be to answer with a question like this; “Did you stop me for that purpose? To ask where I work, where I am going, where I am coming from, to find out why I am here? May I continue on my way then, please?”

They may say that you are free to go, and then ask you if they could talk to you about it. Take the opportunity to leave. They simply want to tell you to stay out of the way, blah blah blah. A safety lecture. There is no upside for you, and you will be tempted to lower your guard and say things that are not in your best interest.

Provided they don’t make up a law, they will have no reason to give you a citation or a warning. They will settle for a stern safety lecture. I would promptly complain to the officer’s supervisor over this. Stopping a lawful pedestrian under the penalty of law (You have to stop or be subject to arrest.) to be given a safety lecture is an abuse of power.

If I lived a reasonable distance from Manor, (And I had an automobile) I would often drive through that section well below the speed limit. There is no minimum speed limit. [3] The Maximum Speed Limit law [4] should be employed to justify your slower speed through there. [5] Be familiar with the Slow Moving Vehicle laws of Texas and be in compliance with them. [6] Be sure your automobile is current with registration and insurance, and that all lights are in working order.

If you are subject to a traffic stop in your automobile, only answer questions that are pertinent to your stop. For example; “Why are you driving so slow?” (“They banned bicycles on this road due to its condition, so I am just being reasonable and prudent for a road that is in such bad shape.”)

“You have to keep up with other traffic!” (I am required by law to drive in a prudent manner and with due care. I am not responsible for the reckless behavior of other drivers. Why are you allowing them to operate in such cavalier manner at this time and place?)

“You are holding up traffic!” (I am traffic. I am traveling as fast as is safe for the current conditions and potential hazards. The other traffic is violating the maximum speed law of Texas. I would think that your beef would be with them!)

“You have to drive faster through here!” (Are you instructing me to operate my car at a faster speed than I am comfortable with?”) [7]

Not A Cause For Austin?

I hear Austin has a vibrant cycling community. Well connected and engaged in advocacy issues. Perhaps they are OK if a community near them bans bicycles from an otherwise public thoroughfare. They wouldn’t ride there anyway! After all, Manor has no three foot ordinance to protect cyclists, and there are no bike lanes that extend all the way to the City of Manor. It would be impossible to ride there on a bicycle!

What good is there in having a three-foot law when you are not allowed on the street in the first place? What’s the use of getting more butts on bikes when they can only ride to destinations connected with a MUP? Why is this not an issue with you? (Queue the sound of crickets)

Other Things To Do

The City of Manor has a website and a facebook page. Call, write and e-mail them asking when the “temporary” ban will be lifted. Ask them when the road repairs will be completed.

Request that the local news media follow the issue.

Show up at Manor town meetings and request time to petition the town officials about the issue.

Publish pictures of the signs and the “damaged and dangerous” road.

Cyclists and bicycle advocates of Austin; Don’t you think it is about time to make some noise over this? Or are you content to leave well enough alone, hoping they will ban bicycles on your street last?

[1] Sec. 541.301. TRAFFIC. In this subtitle "traffic" means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel.

[2] In Texas, one must give to a police officer who requests it his real name and current address. You are not required to carry ID, and in this situation I would not. However, if you do not produce evidence that satisfies the officer that you are telling him who you are truthfully, he can detain you until your ID can be confirmed. When you are operating a motor vehicle on a public road, you must be able to produce a driver’s license at any time.

[3] Sec. 545.363 (c) If appropriate signs are erected giving notice of a minimum speed limit adopted under this section, an operator may not drive a vehicle more slowly than that limit except as necessary for safe operation or in compliance with law.

[4] Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. (b) An operator: (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. (c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if: (1) the operator is approaching and crossing an intersection or railroad grade crossing; (2) the operator is approaching and going around a curve; (3) the operator is approaching a hill crest; (4) the operator is traveling on a narrow or winding roadway; and (5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

[5] As you can see in the footnote above, (b)(1) one cannot drive faster than prudent for potential hazards that may exist. One hazard present is road surface conditions so treacherous as to necessitate the banning of bicycles. It is reasonable to expect that motorists could encounter pedestrians on the road as well, a condition (c)(5) in the statute above, in light that cyclists cannot ride their bicycles there.

[6] Sec. 545.051 (b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is: (1) passing another vehicle; or (2) preparing for a left turn at an intersection or into a private road or driveway.

Note the word “or” in the above statute. If you are in a motor vehicle, and you are on a laned roadway, as the road in question is, you are in compliance with this statute if you are in the rightmost lane available. If the roadway is unlaned, then the “curb or edge of roadway” part applies.

Sec. 545.363. MINIMUM SPEED REGULATIONS. (a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

By driving slower than other traffic on the road, you are claiming that, in the first place, the road is too dangerous for bicycles according to the City of Manor and their posted highway signs. Prudence would dictate that automobile operators should use extra caution on a road whose surface is in such bad shape.

Secondly, it would not be unreasonable to expect to encounter a pedestrians on this road, as cyclists would be afoot and there is no sidewalk. A special hazard, a pedestrian, may exist.(See Sec.545.351 (c)(5))

[7] Traveling at the posted maximum speed limit is only allowed when conditions are perfect. Anything that would mar that perfection will demand a slower maximum speed limit than the posted speed limit. Perhaps the Officer could explain to a judge how a road who’s surface is too dangerous for bicycles to safely traverse is simultaneously the perfect road conditions for a car, thus allowing the posted maximum speed limit to prevail?

What To Do About Manor

The City of Manor (Near Austin) has seen fit to ban bicycles on a road through their city. There is no reasonable alternative road for the destinations provided by that road- hence it’s popularity by local motorists and cyclists alike.

They claim the ban is for the safety of cyclists due to surface hazards present on the road, and it is only a temporary situation. I believe that the excuses used to ban bicycles are being employed to camouflage the real purpose of the ban.

If the real reason were for the protection of cyclists, then motorcycles would also be banned, they would have petitioned to lower the posted speed limits, and they would have moved to fix the road. The City of Manor has done none of these things.

It seems to me that Manor residents are upset that they had to share that road with slow vehicles, most (If not all) of whom were from out of town. In short, the public roads in Manor have ceased to be public.

The hard questions that are put to city officials are stonewalled or given the run-around. When questioned about road repair timelines, it has become apparent that the term “temporary” can only be understood as being accurate in a way a geologist could use it.

If Texas cyclists had an advocacy organization that was interested in preserving the liberties of their constituents, it would have been engaged with resolving this encroachment on them by now. But since no advocacy group has seen fit to take up the cause, I must sadly conclude that such an organization has yet to be formed.

Pay No Attention To The Costs

Country Club road has a sharp turn near the airport property.



It is a trap that catches incompetent drivers.



It caught another one the other day.


After destroying the gate, the motorist fled in his red vehicle.


This is part of the hidden costs our society pays in exchange for tolerating low driving competency. The costs are somewhat random and most often fall on the innocent, like this gate owner.


We protect the perpetrators of these injustices because it might hurt their feelings to point out that they are a menace to our ordered society. Their victims are faceless and without a voice.


This gate owner may have been eyeing the prospect of buying a new suit. Perhaps now he will be unable to afford it. If this were so, the tailor is also a victim of this drivers inability to keep his automobile on the road.



The dislocation of resources from wealth creating activities to replacing the premature losses of property is one of the hidden and unnoticed costs of these unskilled drivers. Our whole community is poorer for it.


They are a destructive force in our midst much like a runaway fire.


We need to find ways to identify the incompetent drivers and keep them from getting behind the wheel until they can demonstrate a higher skill set before they are unleashed on the public again. Our attitude toward their behavior needs to viewed with more alarm than the present compassionate coddling.

Oops!

In a footnote in this essay, I said that I thought it could be argued that a cyclist in Texas only had the rights as driver of any other type of vehicle when he was operating on the roadway, and these rights [1] did not extend to operations on the shoulders.

I made those statements hastily, and I have spent some time considering it anew, and I was wrong.

Sec. 551.001. PERSONS AFFECTED. This chapter applies only to a person operating a bicycle on:
(1) a highway; or
(2) a path set aside for the exclusive operation of bicycles.

All well and good, but what does "highway" mean?

Sec. 541.302. (5) "Highway or street" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.

I am now convinced, after ruminating on it for some time, it means in a more plain way this: "Public maintained property with a roadway, from fence line to fence line".

This definition is structured this way to exclude publicly maintained property such as a high voltage power line’s right of way or parks and recreation areas.

I therefore retract my public speculation that our road rights end at the edge of the travel lane.

[1] Sec. 551.101. RIGHTS AND DUTIES. (a) A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless:
(1) a provision of this chapter alters a right or duty; or
(2) a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.

Something I'm Wondering About

If cycling two abreast is rude behavior and a crime against humanity, why are we then expected to travel two abreast with an automobile?

That is, if it is bad behavior and wrong to cycle side-by-side with another cyclist within a travel lane, why is it then expected that we should ride side-by-side with all motorists within the lane? Who is being rude in that circumstance?

It Is Hard To Plan For Traffic Stops

So when I was done with the things I had to do in downtown Ennis, I headed out to Waxahachie for an appointment I had there. With a 18 mile trip before me, I figured that an hour and a half would be plenty of time.

I figured wrong.

This happened on Tuesday December 16.

I took Hwy 287; a four lane road with a center median and all the look of a limited access freeway except for all the driveways and cross streets. No signal lights for ten miles. Sixty five mile per hour posted speed limit. A shoulder of varying width from six inches to ten feet. A rumble strip straddling the transition from a resurface job, which in practice meant that the inside of the rumble strip was a couple inches higher than the outside edge. An occasional right and left turn only lane. Twelve foot wide travel lanes. Real smooth pavement on the roadway. [1]

My appointment was at three in the afternoon, and I rolled out of downtown Ennis just after one thirty.

As is usual when I take the lane on a road with a shoulder, I was frequently honked at. Isn’t the freedom of expression great? It makes it so much easier to spot the idiots!

What was unusual is that about half of the commercial trucks chose to identify their IQ! That is way high in my experience. As a percentage, maybe five to ten percent of private vehicles honked. The usual number chose to pass me on the right on the shoulder which is a crime in Texas. [2]

The First Stop

After a few miles. A State trooper’s vehicle passed me. He slowed and used a crossover to wait for me. As I passed his location, he got on his PA system and said; “For safety’s sake, will you please ride on the shoulder?”

I emphatically shook my head no and continued on my way.

When traffic permitted, he pulled onto the roadway and displayed his lights. I stopped and waited for him. [3] I regret that I am unable to remember his name.

“It’s dangerous to ride out there” he said.

“It’s even more dangerous on the shoulder.” I said. “Do you think drivers are so incompetent that they will run over objects in their path?”

“That’s what the rumble strips are for- to protect the idiots from themselves!”

He then painted a preposterous scenario. He said that if someone panicked and traffic backed up then I would be guilty of impeding traffic.

I pointed out one of Texas’s laws in the Texas Transpiration Code (TTC) and we discussed it for a while. I am reluctant to share it here until after my ticket is resolved with the city of Ennis. I see no point in helping the DA in convicting me by pointing out statutes I will defend myself with.

He then asked me for my ID. Good for him! He didn’t ask me for a driver’s license! I promptly began digging into my backpack to get it.

He asked me where I was going. “That away”’ I said, indicating down the road. He didn’t pursue the issue, as it was really immaterial to the traffic stop. [4]

Handing him my ID, he said that he would be writing me a warning.

“What is the charge?” I asked.

“Impeding traffic.”

“Will you be citing the section of the transportation code?”

“I’ll have to look it up for you”

As he returns to his vehicle, I pull out my camera. His dashcam is taking pictures of me, I am taking pictures of him.



About then another police unit pulls up. Officer XXX of the Ennis police department gets out and walks up to me.

What’s he saying to you?” he asks, indicating the trooper.

“He thinks I should be riding on the shoulder.”

Sergeant Joe Sifuentes informs me that Ennis police are getting a lot of calls complaining about me. Then, deciding the state trooper has things under control, wishes me a Merry Christmas and leaves.

The Texas Trooper returns and says that he can’t find the statute he was looking for, and he tells me I am free to go. He urges me to ride on the shoulder where he believes I will be safer. I thank him for his concern and wish him a Merry Christmas, and at the next gap in traffic, I merge onto the roadway again.



I found the State Trooper’s demeanor to be exemplary. He was polite, friendly and professional. Nonetheless, I think he felt it was his greater duty to enhance traffic flow rather than to expect road users to follow the rules.

The Second Stop

Soon enough, business 287 peels off of Hwy 287. It becomes a narrow two lane 55 MPH shoulderless chipsealed road for about two miles, and then it changes into a 30 mph narrow two lane residential road. It was on this residential part when a Waxahachie police officer pulls me over.

This young officer seemed to be in his mid twenties. He asked me to step off the roadway so he could talk to me safely rather than standing in front of his cruiser in view of the dashcam.

“Are Waxahachie drivers so incompetent that they can’t avoid a pedestrian on the street?”

I think this question derailed his agenda. He took a moment to get started again.

“Are you coming from Ennis?” I nod in affirmation. “We have been getting a lot of calls about you, they say you are wandering all over the road.”

“I wasn’t wandering at all, I was riding in the center of the lane, just like they were.”

“Your supposed to ride on the right half of the lane.”

I deny that his understanding is correct. “You should refresh your memory. The part you want is section 551.103.”

This rattles him as well, and he is now clearly uncomfortable with the conversation. He quickly ends the traffic stop, and I again resume my trip. Alas, I am too late for the meeting and my trip was for naught.

I strike up a conversation with someone while I rest, and perhaps get too involved in it, as it is dusk when I begin my return leg. I re-trace my path onto business 287. Only a couple of idiots identify themselves.

I turn on my rear blinky just before I merge into traffic on Hwy 287.

Another ten miles of serial rudeness ensues.

The Third Stop

As I exit Hwy 287 onto the business 287 near Ennis, I am again pulled over for a traffic stop. It is Sergeant Joe Sifuentes again! He doesn’t even bother to get out of his cruiser. He is polite and professional, but he is responding to the urging of dispatchers. I doubt he would've pulled me over on his own initiative.

He too proposes a preposterous analysis. He asked me why all those cars were taking evasive action, changing lanes, slamming on their breaks and swerving onto the shoulder? I said it was because the drivers were incompetent and impatient.

No, he said, it was because of you! I denied that it was my fault that they were passing me illegally; On the right and on the shoulder. Who’s fault was it then, he asked, incredulous at my reply.

I said that I had no power to steer an automobile. Those motorists have a legal duty to observe my right-of-way.

He then asked me for my name and such, as he needed to write a report of the stop so they have a record of my behavior in case something were to happen to me.

I laughed out loud at this. “So that I can be blamed if someone runs into me?”

Just at this point, our communication broke down due to an unfortunate collection of events. I spoke something to him and laughed again. He said something to me at the same time (cross-talked) and so I did not hear what he said, and some traffic passed by further muddying the sound for each of us. But he got angry that I laughed, thinking I was reacting to what he said.

I was realizing at that moment that his “windshield view” common sense was going to prevent him from ever believing that being legally in the way was safer than being out of the way on the shoulder. I was laughing at the absurdity of my attempting to convince him. Sadly, it caused him to harden his attitude toward me.

“Will you be laughing when someone runs you down?” He asked sharply.

“Do you ride a bicycle?” I asked him. He said he never does. I said; “I have ten thousand miles on that very bicycle right there, ridden in just this same way, and I am still here to talk about it. In this conversation, one of us is an expert at cycling and the other one is not.”

After a few more sage words of advice for me along the lines of the futility of being right but dead, he returned my ID and I continued on my way.

Reflections About These Events

Ignorance about most traffic laws is widespread in my community, and when it comes to bicycle specific traffic law the ignorance is even more acute.

It is first made apparent by the honking. For example, on the two lane near Waxahachie, a motorist a fair distance back honks at me. Short and polite: Honk-honk. After a moment, again: Honk-honk. And then, when I don’t disappear into thin air (It is hard to know what this motorist expected, as we were traveling on a ten foot wide lane- he would have had to encroach onto oncoming lanes no matter where I was laterally in the lane!): HONK hooonk hoooonk!

Many honk at me while sailing past me, unhindered, in the left lane. Perhaps they are expressing joy at finally coming across someone who is driving on the public road in a lawful manner!

In my presence, many many traffic laws were broken. But it was me, one of the few legal drivers, who was pulled over.

The State Trooper pulled me over on his own initiative, perhaps with genuine concern for me. I am sure that when he initiated his stop he was certain I was breaking some law, and he may have even had one or two in mind that failed to pan out.

The traffic stop by the Waxahachie police and the stop (Two stops?) by Ennis police were in response from phone calls dialed in to 911 lines. But once my behavior was observed, neither attempted to cite me for any offence. They just tried to convince me to ride where I believe it to be a compromise of my personal safety, for the purpose of enhancing the convenience of automobile drivers.

Mind you, I had no choice to opt out of the lectures. I had to stop under penalty of law. Bicyclists are just out for a lark anyway, right? It is folks in automobiles that are going somewhere important.

None of the illegal driving by licensed motorists were cited. Sergeant Joe Sifuentes even notes that he saw such behavior himself. He ignored all that, and pulled me over instead, even though he had not observed any unlawful behavior on my part.

Two officers commented that their departments had received many calls from motorist complaining that I was driving my bicycle in a legal manner. Why did that require a response by a patrol officer? Once the officer observed my driving, why did they continue with the stop?

Why couldn’t dispatchers tell motorists that bicycles are allowed to drive on the roadway?

The reason is that the whole of them are ignorant to what Texas law says. Because bicycle driving is uncommon, it is assumed that it is uncommon because it is illegal.

The result is that law abiding citizens are delayed, harassed and abused by law enforcement and by mistakenly outraged motorists. Meanwhile, the Texas Bicycle Coalition spends it’s legislative activities trying to pass new laws that are a simply a re-statement of current law.

Perhaps our bicycle advocates could work to change the real discrimination we Texas cyclists face. You know, something that would actually make Texas better for their constituents. (I know, I’m making crazy-talk again.)

Conquering the Frontiers of Ignorance

Perhaps our local police could become familiar with bicycle specific law if they are going to do something about scofflaw cyclists, and if they intend to respond to the uninformed opinion of angry Texans on the other end of a phone line.

I’ll even help them with a heads up for where to look:
Sec. 551 with a special emphasis on Sec. 551.103 (a)(4)(A) – I would suggest you read that part two or three times.

You should also become familiar with these sections which are important to understand when you are dealing with slow vehicles on the public road: Sec. 541.301, Sec. 545.002, Sec. 545.051, Sec. 545.058, Sec. 545.060, and Sec. 545.363

Ignorance can be defined as not knowing what you don’t know. One is not doomed to remain in ignorance forever. Those statutes there can start you on your path to enlightenment, if you want it.

[1] I am using the legal definition of the word “roadway”. From the TTC:
Sec. 541.302. (11) "Roadway" means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel.

[2] Sec. 545.058

[3] Note to SteveA. I watched to see if he was pulling onto the shoulder before I crossed the edge line. As I did later as well.

[4] In Texas, one is required to tell a law enforcement officer his real name and his current address. We are not required to produce ID of any kind, but the officer is allowed to detain you until your identity can be confirmed. When you are operating a motor vehicle, you must be able to produce a driver’s license on demand.