My Formal Reply To Larry

What are you hoping to accomplish with this "rank political activism"? Is pissing off the drivers your goal?

No, my goal is to travel about on the public road. I am often going someplace. But why I am on the public road is immaterial, isn’t it? The only purpose that is required in order to use the public road that one is using it for travel. (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.)

I don't know about you but making mad the people operating things that could easily kill me seems pretty foolish.

I am not responsible for the emotional state of other people. I am acting lawfully. If that upsets other travelers on the public road, rest assured I am on a very long list of other things that are making that person angry. It is not especially hard to overtake a bicycle on any road, let alone this one. It is not a maneuver that requires the lightning fast reflexes and the focused skill of a Formula 1 race car driver! Encounters with motorists on this road last less than a minute. It takes an expansive ego to assume that it will ruin the rest of the day for someone! If having to overtake me on Hwy 287 is the worst thing to happen to someone during their day, they have it rather good, don’t you think?

What is worse is they will be more likely to [not] be courteous to OTHER bikers they see. Thanks a lot!!

The vast majority of drivers I encounter on the public road are courteous and display due care around bicycles. Surrendering to bullies is not likely going to have an outcome you will like.How about adjusting your attitude and approach. I find that being courteous to drivers (and cops for that matter) gets the drivers more courteous to me on a bike.

I am the very picture of courtesy to those around me! I drive where they are most apt to notice me from a distance, thus allowing them plenty of time to negotiate a merge into the passing lane. (A maneuver that is so common, it is rarely even recalled at the end of a trip.) It is only the motorists that are not paying attention to the task at hand that end up having to slow because they don’t notice me in a timely manner. Is it courteous to other drivers to neglect your primary duty when operating on the public road?

Those who are paying attention never even have to let up on the gas. Projecting the hardships experienced by incompetent motorists onto me is a neat trick. My conscience is clear.

I violate no one’s right-of-way, nor does anyone violate mine. How am I discourteous?

I wave, smile, and try to not impede them as much as I want them to not impede me.

I am not impeding anyone who is driving competently. In order to do that, I would have to drive my bicycle simultaneously in two lanes. Do drivers have the right to drive at top speed at all times? Please take a moment to review “Texas Maximum Speed Law Explained”, it should clear up this misapprehension of yours.

THAT makes the world a better place for bicyclists, not your childish antics.

Capitulation and abandoning my express statutory right to operate on the roadway? (Travel lane) That would make it better for cycling how? I find it hard to call a roadway “public” when the only vehicles that are allowed on it are those that are first required to obtain a license from the state!

You seem to think I am doing some sort of stunt. I am not. I am lawfully traveling between Waxahachie and Ennis on a public road that is not a limited access highway, nor does it have a minimum speed limit.

I am not only doing it lawfully, I am doing it in the safest manner possible. I am sure that I have made the round trip on that highway twenty times. At my reasonable speed for a cyclist, that would be about an hour of exposure in the sixteen miles I travel on it round trip. So with twenty hours of exposure, across 320 miles, how many times do you think I have been hit? How many motorists crashed into each other within a mile of me?

Anonymous, you have no clue how high speed traffic behaves around slow moving vehicles. To think it is hazardous can only be the result of hysteria. If this is a stunt, or childish antics, it is as dangerous or controversial as taking a bath.

In the series of photographs below, they are taken from the side of HWY 287, near where I was arrested twice. This was taken on a Friday morning, a week ago.

Besides an official traffic control device warning of a pedestrian crossing ahead on a road with a 65 PSL, this series documents the heavy congestion in both directions one can find on this roadway.



second in series

third in series

fourth in series

The Steps of the Dance

Most of us use the roadway system as we do our common everyday electronics—we tend to take for granted what makes them function. There is a practical elegance to the way our streets and roads operate, and a greater awareness of it would make us all more civil, safer and cooperative citizens.

There are two overarching principles that are the basis of our uniform traffic code. These two principles lead inevitably to six basic rules of traffic that govern nearly all of our daily traffic experience.

While they are known subconsciously and perhaps intuitively, most folks who operate motor vehicles on our nations roadways are unfamiliar with this more formalized expression of these principles. Even so, they operate by them when following the traffic laws and the traffic control devices found on their way.

Here are the arch-principles and the six basic laws of traffic that follow from them.

Travel to the right

Early roads had no lanes, and the width of the entire road could be quite narrow. It became customary in the United States that traffic would stay to the right to reduce chaos, perhaps following established maritime law. Other countries developed a stay to left tradition. From this arch-principle flows these two basic laws of traffic;

1) Always operate on the right-hand side of the roadway, not on the left.

2) When approaching an intersection, position yourself according to the direction in which you want to go. Right-turning drivers are at the right, left-turning drivers are at the left, close to the center of the roadway, and straight-through drivers are between them, as conditions allow.

We practice this every time we take to the public road, but few of us have been exposed to the formalized stating of it. The second basic rule as stated presumes multiple lanes in each direction, but even on streets without lanes we turn right from close to the curb and turn left from the center area of the street.

First come, first served

The public space is a finite resource. How is it to be distributed to the public in a fair way? This arch-principle addresses that. It epitomizes the meaning of public in "public road". Everyone has the right to travel in the public space, and they have a right to a reasonable amount space in front of them, behind them and to their sides in order to travel safely.

3) When two operators are traveling in the same direction in a travel lane, the one behind the other must leave enough space to avoid colliding with the operator in front of him.

Most of us today think of this rule as part of the driver’s prime directive; "Thou shalt not hit things". But it is also a fundamental expression of the right of way on public roads. One cannot simply crash into slower traffic, we must overtake them when it is safe and to do so with due care.

4) When approaching a road that is larger than the one you are on, or carries more traffic, or faster traffic, or is protected by a stop or yield sign, you must yield to traffic on that roadway. Yielding means looking left and right until you see that no traffic is approaching so closely as to constitute a danger.

A person traveling down a road has "the right of way", meaning you can’t just pull out in front of someone and put them in danger. We must allow him access to a reasonable amount of space in front of him to avoid a collision. We operate under this principle all the time, and we have an expectation it will be observed by folks pulling onto the road in front of us. The law grants us the right of way, and the lawful operator respects it.

5) When intending to move your line of travel either left or right upon the roadway, you must yield to traffic in the new line of travel. Yielding means looking in front and behind until you see that both directions are clear, that there is no traffic approaching so closely as to constitute a danger.

We have the right to the space we are occupying within a lane of travel, and it should not be encroached upon.

6) When operating between intersections, drivers position themselves according to their speed relative to other traffic. Parked vehicles are next to the curb, slow drivers are next to them, while the fastest traffic is to the left, next to the centerline as conditions of the roadway allow.

This is the speed positioning rule. It implies that overtaking shall be done on the left, and passing on the right is discouraged. The fastest traffic should return to the right lanes when slower traffic has been cleared.

These six basic rules interact with one another. For example, it is unlawful in many states to change lanes within an intersection. Someone entering the roadway at the intersection may proceed into the lane someone is merging into, inadvertently violating his right of way.

The uniform traffic code, adopted in whole -or with few exceptions to the body of it- by the various states means that a person driving into an unfamiliar place anywhere in the country will be able to operate with little difficulty. The local streets and their working function will seem normal to him.

This system functions just fine without an explanation of the underlying principles; As a result, most people have never thought about, or clearly understood them, as long as the other traffic around them has similar operational characteristics.

What do you mean by traffic, anyway?

Our society has seen fit to divide "traffic" into three basic types; Pedestrians, human powered vehicles and motor vehicles. The vehicle laws make some exceptions and special rules for each class to reflect their differing operational characteristics on our public roads.

Motorists and cyclists must yield right of way to pedestrians crossing the roadway at a crosswalk, for example. [3] Cyclists are often restricted from using limited access highways because they are not capable of maintaining the minimum speed required for safe operation. People who wish to operate motor vehicles on the public way are subject to licensing and insurance requirements due to the potential damage and injury that the misuse of such vehicles can do to others.

Because motor vehicles are the overwhelming majority of traffic on public roads, people tend to think of "traffic" as only consisting of automobiles and the like. But most states define what they mean by "traffic" in the highway codes to include a much broader variety in modes of travel than just motor vehicles. (Because I am a citizen of Texas, and as I am most familiar with their codes, I will now be speaking less generally and more specifically of the Texas Transportation Code. [TTC]) The TTC defines "traffic" as; "pedestrians, ridden or herded animals, and conveyances, including vehicles… singly or together while using a highway for the purposes of travel." [1]

I doubt most Texas drivers think of horse drawn wagons when they think of traffic! And yet, the law recognizes and allows for a horse drawn wagon to have the same right of way as an automobile, that is, a reasonable amount space in front of them, behind them and to their sides in order to travel safely on the public road.

The traffic laws apply to all these different road users as the nature of their vehicle allows. [2]

Thwarted expectations lead to anger.

Perhaps because motor vehicles are the most common form of traffic on public streets today, there is a popular expectation that people ought to proceed at or above the speed limit regardless of prevailing conditions.

The necessity of putting a limit on the maximum speed one can travel is almost entirely a creation of the automobile itself. As automobiles became more powerful, all societies determined that speed limits were necessary to protect the innocent public from the destructive power of such fast heavy vehicles. While an out-of-control bicycle can cause severe injury, it can never approach the damage potential of a 4,000 lb. vehicle.

But a maximum speed limit is just that; A cap on how fast a motor vehicle can operate on a public road in perfect conditions, for the purpose of public safety.

Certainly upon a moments reflection, one can describe dozens of conditions that would prevent operating at maximum speed; Inclement weather, poor road surface, blind corners and hills, animals on the roadway, construction activity, slow traffic, trains at railroad crossings, emergency vehicles and even traffic lights! These conditions and more inhibit our forward progress endlessly.

So is it any wonder that a motorist going about with an expectation of traveling at top speed is constantly frustrated and annoyed? Is not this foolish expectation a source of his angst?

This anger often finds a scapegoat when the impedance is non-standard traffic, like a cyclist. A few of our fellow citizens take advantage of their position of power and anonymity inside their automobile to bully and harass lawful travelers on our public roads. Incivility abounds.

Right of way and impeding others.

Not understanding the six basic rules leads to a misunderstanding of the difference between lawful impedance and unlawful impedance.

As we go about our daily travels, we are impeded at every turn. That is, someone using the public road manages to be in the way of faster traffic, forcing us to slow down to avoid hitting them. Nearly all of these conflicts are a lawful interruption of your forward progress. In fact, most traffic conflicts are so common we hardly consider them an impedance at all! That is, as long as the impedance fits your definition of traffic!

If it is an automobile in the lane ahead of you waiting for oncoming traffic before executing a left turn that is causing you to slow down and even stop, it is no big deal. But if it is a cyclist in the lane ahead of you, well, that is a horse of a different color! "Doesn't he know that the roads are designed for cars!" is an oft heard complaint. (Actually, most roads are designed so that trucks can operate on them. Should we be glad truckers deign to allow us to drive our cars on them?)

All operators of vehicles have the same rights and duties on public streets. Parking a vehicle in a travel lane would be against the law, (unlawfully impeding traffic) unless the vehicle was broken down and unable to move out of the way. Traveling unreasonably slowly can also be an illegal impedance, if the vehicle is capable of keeping up with the faster traffic around him. And this is the notion that creates allot of the animosity toward bicycles: Aren’t bicycles impeding traffic because they are moving so much slower than other traffic?

If the cyclist is traveling at a reasonable pace for a bicycle, then it not an illegal impedance. He is operating a slow vehicle, and one that drivers of fast vehicles must give way to as they would to any other slow traffic. You know, buses, farm equipment, street sweepers and the like. The automobile operator has the obligation to respect the cyclist’s right of first come first served, just as he would the driver of any other slow vehicle.

Doesn’t the operator of a bicycle have an obligation to stay out of the way of faster traffic?

Sometimes, but rarely. Most states require cyclists to ride as close to the edge of the roadway as practicable. (Yes, practicable!) This is a reflection of the unique characteristics of the narrow profile of a bicycle. It is the only vehicle on public roads that is required to share a lane side-by-side with automobiles in some circumstances. And it is the only vehicle that is directed by law as to where in the travel lane he must operate.

But because operating within the same travel lane side-by-side with faster traffic is often neither safe nor practicable, the law has made exceptions to those rules. In Texas, those exceptions include, but are not limited to, a condition of the roadway, pedestrians in the lane, surface hazards, parked cars, and if the travel lane is less than fourteen feet wide. [4]

It may not be obvious to the motorist why the cyclist is not operating closer to the edge of the roadway than he is, but that is really immaterial to his performance of his duty to use due care. If there is not enough room to pass a cyclist with reasonable safety within the lane, the faster traffic must change lanes to pass him. (It is illegal in Texas to straddle the lane.) [5]

One or more exceptions to the far-to-right rule is present on almost every road in Texas.

Motorists will often get extremely angry when two cyclists are riding abreast in a traffic lane, even though the travel lane is too narrow to allow a car and a bicycle to travel side-by-side. Before slandering the character of the cyclists in front of you, please consider whether you would be able to pass a solo cyclist without changing lanes.

Some have told me that a cyclist must ride on an improved shoulder alongside a roadway if one is available, but a careful reading of the statutes shows that this is false in Texas. A cyclist is permitted to ride on an improved shoulder, but this is not mandatory. [6] In fact, it could be argued that doing so removes a cyclist from many legal obligations and protections. [7] I am of the opinion that riding on the shoulder is more dangerous than operating in the roadway. [8]

Access to the roadway space is allocated on a first come, first served basis for every form of traffic. So if you see a cyclist in the travel lane ahead of you, don’t be afraid to touch your brakes. Calm down, it is really not that hard to pass a cyclist safely! Just treat them as you would any other slow moving vehicle. With but a moments delay, you will be speeding off to the next traffic conflict or red light in no time!

Acknowledgments. I am, as it has been said, standing on the shoulders of giants! The basic principles spring from John Forester, but I have added to his list of five the one about following distance.

Any clarity I have on traffic dynamics and impedance must be credited to Mighk Wilson, Keri Caffrey and Herman May who have done most of the heavy lifting for me.

Thanks also to P.M. Summer and everyone on the ChainGuard mailing list who have unlocked many mysterious traffic engineering concepts for me.

Footnotes:

[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.
Sec.　541.201. (23)　　"Vehicle" means a device that can be used to transport or draw persons or property on a highway.

[2] Sec.　545.002.　　OPERATOR.　 In this chapter, a reference to an operator includes a reference to the vehicle operated by the operator if the reference imposes a duty or provides a limitation on the movement or other operation of that vehicle

[3] Sec. 552.003. PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK. (a) The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in operation; and (2) the pedestrian is: (A) on the half of the roadway in which the vehicle is traveling; or (B) approaching so closely from the opposite half of the roadway as to be in danger.(b) Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to yield. (c) The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.

Sec. 552.005. CROSSING AT POINT OTHER THAN CROSSWALK. (a) A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place: (1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection; or (2) where a pedestrian tunnel or overhead pedestrian crossing has been provided. (b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk. (c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device.

[4] Sec.　551.103.　　OPERATION ON ROADWAY.　
(a)　　A person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1)　　the person is passing another vehicle moving in the same direction;
(2)　　the person is preparing to turn left at an intersection or onto a private road or driveway;
(3)　　a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4)　　the person is operating a bicycle in an outside lane that is:
(A)　　less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
too narrow for a bicycle and a motor vehicle to safely travel side by side.
　
[5] Sec.　545.060.　　DRIVING ON ROADWAY LANED FOR TRAFFIC.　 (a)　　An operator on a roadway divided into two or more clearly marked lanes for traffic shall drive as nearly as practical entirely within a single lane.

[6] Sec.　545.058.　　DRIVING ON IMPROVED SHOULDER.　(c)　　A limitation in this section on driving on an improved shoulder does not apply to: (3) a bicycle

[7] The rights and duties spelled out in the TTC only apply to operators of bicycles riding on a "highway". Sec.　551.001.　　PERSONS AFFECTED.　 Except as provided by Subchapter C, 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.
The TTC defines a highway as "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." Which seems to mean from fence-line to fence-line, except for the part about "open to the public for vehicular travel".
The TTC defines a shoulder as; "Sec.　541.302. (15)　　"Shoulder" means the portion of a highway that is: (A)　　adjacent to the roadway; (B)　　designed or ordinarily used for parking; (C)　　distinguished from the roadway by different design, construction, or marking; and (D) not intended for normal vehicular travel."
I must conclude then that a shoulder is not a part of the highway, and so, under this interpretation, the rights enjoyed by a cyclist on the roadway may not extend to those riding on the shoulder.

[8] With the many distractions inside the cabin of the modern automobile, and the tendency of a distracted driver to drift to the right, I am more comfortable in the lane in front of the distracted driver where I am more likely to be noticed than on the shoulder and overlooked. There are many other reasons as well, but isn’t this one sufficient all by itself?

It Is More Important To Me Than to Them

SteveA says this is my advantage in getting my ticket resolved in my favor. Passion.



I stopped in at the Ennis Police Station see what the procedure is for getting clarification as to the Texas Transportation Code (TTC) statute that I have been accused of violating. It is hard to tell, because there is no "impeding traffic" section in the TTC.



I spoke with a Ennis Police Department (EPD) officer who was also exemplary in his demeanor. After he explained what steps I had to take next, he indulged me with a wide ranging conversation on police work, the law, some of the forces that affect an individual officers discretion in enforcing the law, police priorities and such.



He demonstrated good professionalism by being careful not to imply advice for my particular situation, and he and I avoided talking about Officer Watson's conduct, other than my making it clear that I was impressed by his low-key non-confrontational style. (I was complimentary about Officer Watson.)



I was disheartened by some comments made by this officer. I have had very few hassles from police in all of my Texas travels on two-wheels. I had thought this was due to the clear simplicity of Texas law. Texas has codified one of the least restrictive bicycle laws in the nation. It is something all Texas cyclists should be grateful for. (It would no doubt be better with the far-to-right language removed.) Cyclists enjoy unusual liberty in Texas.



When I tried to express how police priorities place traffic flow issues above safety, and it would be in EPD's best long term interests to crack down on scofflaw cycling, he told me that the community and officers feel that enforcing bicycle law was "harassment" and lead to many formal complaints. (Every formal complaint must be investigated, documented, and adjudicated, eating up a tremendous amount of resources and man hours.)



And then, when speaking about operating a bicycle on public streets, it became clear that none of them think a bicycle should be on any public street. He insisted that bicycles, for example, must ride on the shoulder of the road, "just like slow cars are required to" to avoid impeding traffic. Sigh.



As I will show below, this is an understanding from our speed dominant car-centric culture, not something derived from the TTC. The idea of public roads accommodating none-motorized traffic is crazy-talk. When they think of road use, they are thinking in terms of private automobiles equals public use. I guess they don't remember how "traffic" is defined in the TTC: "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."



When someone is riding their bicycle on a public road, they are traffic. They are in fact "normal and reasonable" traffic.



So if his perspective is true, I would be hassled at every turn except for the the low priority placed on enforcing bicycle law! I thought it was because I work so hard at riding in a lawful manner.



The TTC has a lot to say about driving and riding on the shoulder, but it nowhere requires using it, and it most certainly discourages it's use.



First, some definitions.



"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. Sec. 541.302. (5)　　
"Improved shoulder" means a paved shoulder.　Sec. 541.302.(6)
"Laned roadway" means a roadway that is divided into at least two clearly marked lanes for vehicular travel. Sec.541.302.(7)　
"Roadway" means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately. Sec. 541.302.(11)　
"Shoulder" means the portion of a highway that is:
(A)　　adjacent to the roadway;
(B)　　designed or ordinarily used for parking;
(C)　　distinguished from the roadway by different design, construction, or marking; and not intended for normal vehicular travel. Sec. 541.302.(15)　



Naturally, because politicians wrote it, it is a little confusing. Their definition for "highway" appears to include the entire right-of-way from fence-line to fence-line. The definitions for "roadway" "laned roadway" and "shoulder" clearly state that shoulders are not intended to be used as travel lanes.



Sec.　545.058.　　DRIVING ON IMPROVED SHOULDER.

　
(a)　　An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:
(1)　　to stop, stand, or park;
(2)　　to accelerate before entering the main traveled lane of traffic;
(3)　　to decelerate before making a right turn;
(4)　　to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;
(5)　　to allow another vehicle traveling faster to pass;
(6)　　as permitted or required by an official traffic-control device; or
(7)　　to avoid a collision.


(b)　　An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:
(1)　　to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;
(2)　　as permitted or required by an official traffic-control device; or
(3)　　to avoid a collision.


(c)　　A limitation in this section on driving on an improved shoulder does not apply to:
(1)　　an authorized emergency vehicle responding to a call;
(2)　　a police patrol; or
(3)　　a bicycle.　　　　



There are three portions to this law: What circumstances allow travel on the shoulder to the right, (7 of them) what circumstances allow driving on the left shoulder, (Two repeats and one new one) and the vehicles that are not bound by this law.



Now the statement made separately by two EPD officers was that "slow moving vehicles must use the shoulder" to allow faster traffic to overtake them in a more convenient way. Is that what the statute says?



It does no such thing! In fact, even beyond the obvious permissive word of "may" rather than the compulsory word of "shall", it sets up a host of conditions that, to my mind, would be unusual enough to make driving on the shoulder legally quite rare.



The twin pre-conditions of necessity and the ability to do the maneuver in a safe manner that have to be present will wipe out most scenarios for doing this that I can imagine. In fact, the necessity clause nullifies the permission to allow faster traffic to overtake you easier! After all, don't those who complain about cyclists riding centered in the lane object on the grounds that it is rude to inconvenience others? No one has ever argued with me that it is a necessity to overtake slower traffic.



So yes, Steve, it is more important to me than it is to them, for it is my liberty to use the public road in a lawful manner that is at stake.



This, as you say, is my advantage.

Nice Meeting You, Officer Watson

That is, if you are officer Watson. More about that later.

It was about 7:30 in the morning, Thursday, and I was traveling west on West Ennis Avenue after negotiating the angled parking area. Because of the dense traffic, I had to wait for a few automobiles to overtake me on the right before I could merge into the right lane. I was then the first person waiting at the light at Gaines Street.

I didn't notice that the car that pulled up next to me was a Ennis City patrol car.

The light turns green and I proceed through the intersection, and I then notice the patrol car because he has accelerated ahead of me. But he is obeying the speed limit, and that causes a larger than usual platoon of cars to form behind us. As we approach Clay Street the patrol car must come to a stop to yield to a vehicle waiting to turn left, and I zoom by him in the right lane. (This fact will be important.)

As West Ennis Avenue continues beyond Clay Street, the road's geometry abruptly changes. Both west-bound lanes make a ten foot jog to the right (In the intersection itself!) to make room for a suicide left turn lane that is created/terminated there. There is also the appearance of a varying width improved shoulder of between four and six feet that extends all the way to Waxahachi. The lane itself is about ten feet wide by my trained observation, but I will update this post with an actual measurement later.

I get about half way down that block before the first automobile overtakes me, and curiously, he honks. (Silly goose!) Then I hear the BLAAK of the police saxon, I do a head check and see flashing red lights behind me. Note to Steve: I moved to the right tire track, checked to see if the officer was on the shoulder, and then pulled onto the shoulder in front of him. I wanted to be sure he was pulling me over, not abusing his authority to get me out of the way.

As the Officer gets out of his patrol car, I put on my blogger journalist cap. I greet the officer with a question; "What time is it?"

He answers conversationally, checking his watch. I would like to note that this officers demeanor and tone was pleasant and un-confrontational through-out. He acted in every way professionally.

He asked me where I was going, and I foolishly answer, because I was so intent on reading his name tag for this post. I say foolish, because my purpose for traveling on that public road was none of his concern. Oh, there it is, above his right pocket, Officer Watson!

He says to me that I am impeding traffic. That back there (He must mean on the other side of Clay Street- he was pointing.) it is a 30 MPH zone and it changes up ahead there to a 45 MPH zone. I am not allowed to impede traffic at the slow speeds I am going.




I tell him it is doubtful that I would be able match the speed of the other traffic. But I am going to travel down the street in the travel lane. He is welcome to give me a ticket for any law he thinks I am breaking.

He says well, OK then. Can I see your drivers license? Any ID? (By Texas law, I am required to give any law enforcement officer my name and current address. I am not required to carry ID. An officer can, if he suspects that I am lying to him, detain me until my identity can be established.) He accepts my health insurance card and debit card, both without photos, as evidence enough, and goes to his patrol car to write the ticket.

I then remember my camera is in my bag, and so I haul it out to document the stop. Smile Officer Watson!




So he comes back and asks me to sign the ticket, and I ask what I am signing.

He says, for impeding traffic. I didn't impede traffic, I protest in a conversational tone.

"No, no", he says, "you are just promising to appear on that date." So I ask him what law I violated, and he blinks in surprise. (He thought he had just told me!) So I asked him what part of the law, could he cite it to me?

I figured he would have to cite the section of the transportation code he was accusing me of breaking in the process of writing the ticket, but apparently not. I am sure he is thinking of sec. 545.363 which applies to motor vehicles, not bicycles. But he missed that opportunity to avoid embarrassment. I tried Officer Watson. I am sure that there are many places in the Texas Transportation Code (TTC) that you know better than I do, but I am confident I know my way around the bicycle parts, and you clearly don't.

So we part ways without rancor, and I resume riding centered in the lane.

So I get home and examine the ticket.



I am again surprised that there is no section of the transportation code cited. Do officers just make up the laws they "enforce" as they go along? In this officer's defense, I think he is sincere in his understanding of the law, just sincerely wrong. He will be educated about it soon, it just would have been less expensive for him if he had a little more humility.

Under the heading "VIOLATIONS" it says "CITATION VIO 1: Impeding Traffic" That is all that it says.

Then I discover another surprise. It says "Issued by SGT PILLOW, Badge#620" Huh? Who is that? Does Sgt. Pillow put someone else's name tag on his uniform? I will have to investigate this.

Then, another surprise! The citation is for impeding traffic in the 300 block of West Ennis Avenue! Hah! How could I have been impeding traffic there, when traffic was passing me on the right?

Alright, some observations. This is an example of traffic flow maximization rather than safety promotion. When I see people on bicycles in town, they are invariably scofflaws. The ones who I see riding lawfully seem to me to just be riding that way by chance- should I observe them five minutes later they would be back to their scofflaw ways. Salmon, sidewalk, parking lot ninja and night ninja behavior is the order of the day. These are the practices that are far more hazardous than a cyclist following traffic rules. Yet that lawlessness not an issue for the Ennis police department. Safety is not a priority, smooth traffic flow is.

From the one hundred block of West Ennis Avenue to the end of the three hundred block, it is a very wide single lane road that automobiles routinely share side by side, making it a de-facto two lane road each way. This is to accommodate angled parking.

The rest of West Ennis Avenue is is made up of two narrow lanes in each direction, with the addition of a suicide center left turn lane from the five hundred block to the three thousand block. The question is, can a slow moving vehicle on a multi-lane road impede traffic? Further, the automobile that caused the patrol car to come to a complete stop when it was waiting for a gap in opposing traffic to turn left onto Clay Street, was it impeding traffic?

Yes, they were impeding traffic! In fact, we are "impeded" all the time! We are impeded by school buses loading and unloading children, trains, signal lights, folks preparing to parallel park... you get the drift. We are impeded all the time when we travel about on the public roads. The real question then is, are all those impediments to traffic illegal? Why not? What is illegal impediment of traffic?

TTC Section 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."

"Normal and reasonable movement of traffic." Each word drips with meaning. What is traffic anyway? The TTC defines traffic as: "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."

If the traffic this morning was a horse drawn carriage, and not a bicycle, would it be an illegal impedance? Obviously, to say that a vehicle traveling at a speed that is reasonable for that vehicle, but will cause other faster traffic to slow down is an illegal impedence would ban them from operating on public roads. This then would be the effect if the views of Officer Watson/Sgt. Pillow were the proper reflection of the law.

Furthermore, because I was traveling in the right lane, faster traffic was not impeded at all by me, because they had a dedicated passing lane next to the one I was using! Here is the reason I think the TTC is clear on this specific point. The whole of the statute regulating lane position and impeding other traffic is this:

"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 a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.

Sec. 551.103. OPERATION ON ROADWAY. (a) a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1)　　the person is passing another vehicle moving in the same direction;
(2)　　the person is preparing to turn left at an intersection or onto a private road or driveway;
(3)　　a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4)　　the person is operating a bicycle in an outside lane that is: (A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or too narrow for a bicycle and a motor vehicle to safely travel side by side.
(c)　　Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles."

So, 551.101 means that a cyclist is "by his nature" unable to keep up with a motor vehicle, so he has no duty to obey the slow vehicle statute when he is traveling at a speed that is reasonable for cyclist.

And in Sec. 551.103 (c) that says two cyclists riding two abreast can be in violation of impeding traffic, but only if a travel lane is wide enough to safely share side-by-side with motorists and a single cyclist. If it is too narrow for a single cyclist to share, then riding two abreast is just as much an impedance as a single cyclist.

So as it stands now, I am charged with impeding traffic. Perhaps they will change it to improper lane position, seeing how there was that lovely shoulder over there I was ignoring.

I must give credit to some folks whose clear thinking and discussions have shaped this blog entry. My thanks to Mighk Wilson, Herman May, Keri Caffrey, AndrewP and fred_dot_u.

***An update! I found Sgt Pillow! I always write the blog and add the photos later. As I was cropping and manipulating my pictures in Picasa 3, I can see there is a person I did not notice during the traffic stop sitting in the passenger seat of the patrol car! Gee whiz!

I think my camera has distorted the features of Officer Watson. He seemed much leaner to me at the time of the stop. My apologies to him for any such distortion of his features.

Who Is Hogging This Lane?

This is a typical example of some of the roads I travel on. (About 30% of the time.) This one is unusual in that a dashed line has been painted down the center. The posted speed limit is 30 MPH.

You can tell from the ruts worn into the lanes where cars naturally position themselves. But when faced with oncoming traffic, motorists will crowd the edge of the lane as this person is.

On these roads I ride in the left tire track, about where my bike in the picture is positioned. In so doing, I am in compliance of the FTR and SMV laws, which compel me to ride as far to the right as practicable.

Room to Share?

Is this a wide enough lane to share side by side with overtaking traffic?

If the wrongheaded "vulnerable user" law gets passed here in Texas, this vehicle will be in violation of it if he passes me in either direction while I am riding in my normal lane position.

The version of the law being considered by the Texas legislators says this:

(b) An operator of a motor vehicle passing a vulnerable road user operating on a highway or street shall:

(1) vacate the lane in which the vulnerable road user is located if the highway has two or more marked lanes running in the same direction; or
(2) pass the vulnerable road user at a safe distance.

(c) For the purposes of Subsection (b)(2), the operator is presumed to have failed to comply with Subsection (b)(2) if the distance between the operator ’s vehicle and the vulnerable road user is less than:

(1) three feet if the operator ’s vehicle is a passenger car or light truck; or
(2) six feet if the operator ’s vehicle is a truck other than a light truck or a commercial motor vehicle as defined by Section 522.003.

522.003 DEFINITIONS.

(5) "Commercial motor vehicle" means a motor vehicle or

combination of motor vehicles used to transport passengers or
property that:

(B) has a gross vehicle weight rating of 26,001 or more pounds;

On this road, the one I must ride a minimum of two miles on to get to or from my home, this vehicle cannot comply with this proposed law unless I am crowding the fog line- which I never do! If I am centered in my lane, or as I normally position myself, in the left tire track, this vehicle cannot overtake me lawfully, and it could be argued, he would break the law if he passes me going the other way!

There are other problems with the proposed law, but I will address them one at a time in a later post. Until then, Godspeed to all!

Imaginary laws

"You have to stay to the side of the road."

The words were shouted at me by a motorist as he crowded me out of the lane.

This was Tuesday, on hwy 34 about four miles from Ennis, traveling west.

This particular motorist, driving a white SUV and towing a utility trailer, had been having a difficult time finding a safe place to pass, due to oncoming traffic and terrain.

He honked at me, and must have been surprised when I didn't pull over out of his way. When he finally had an opportunity to pass me (after being delayed for about 45 seconds) he pulled up in the oncoming lane and slowed down to pace me. His passenger window was down and he was screaming something at me.

At the same time he began crowding me with his vehicle, forcing me to give way toward the edge of the lane. I was tempted to begin pounding on the side panels of his car, but the trailer was wider than his vehicle and it spooked me. (This is usually rather effective though. The pounding can be very loud inside, and can be quite frightening for the motorist, while being unlikely to cause damage.)

Not understanding what he was saying, I yelled at him to "Follow the Law." I repeated it about three times. In the end, he crowded me all the way off the shoulder into the grass, then he sped away. He did this with two vehicles following behind him. The confrontation lasted about 10 seconds.

Sec. 545.053. PASSING TO THE LEFT; RETURN; BEING PASSED.

(a) An operator passing another vehicle:

(1) shall pass to the left of the other vehicle at a safe distance; and
(2) may not move back to the right side of the roadway until safely clear of the passed vehicle.

(b) An operator being passed by another vehicle:

(1) shall, on audible signal, move or remain to the right in favor of the passing vehicle; and
(2) may not accelerate until completely passed by the passing vehicle.

At a minimum he violated this law, and I complied with it. I was riding legally in the lane in accordance with the slow moving vehicle law and bicycle specific lane positioning law. He failed to pass me at a safe distance (Sec. 545.053(a)(1)) and he pulled back into the lane when before he was properly clear of me. (Sec. 545.053(a)(2)) He did this with full knowledge of what he was doing as he was looking at me through his passenger side window.

Sec. 545.401. RECKLESS DRIVING; OFFENSE.

(a) A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.

(b) An offense under this section is a misdemeanor punishable by:

(1) a fine not to exceed $200;
(2) confinement in county jail for not
more than 30 days; or
(3) both the fine and the confinement.

Because he deliberately used his vehicle as a weapon, he also committed a reckless driving offense, wouldn't you say?

Abuse of power

Today I expected to ride north with a strong south wind and make it a 10 mile out and back, but when I stepped outside with my bike and the wind was blowing about 20 MPH from the west! So east it is.

I choose a familiar loop that will dump me onto state highway 34 for the west-bound leg back to Ennis and the headwind portion.

Highway 34 is signed 55 MPH with a single 12 foot lane each direction, with occasional improved shoulders. The traffic was moderate, and I was overtaken by four semi-tractor trucks during the three and a half miles.

I was also overtaken by an off duty cop, unfortunately. He tried to bully me into obeying his view of how things ought to be.

He drives up beside me (on the shoulder) in a small car with a young female child sitting next to him, paces my speed and when I look at him, he displays his badge and orders me to pull over.

So he gets out of his car and a lecture ensues. He tells me I can't ride so far in the lane. (I was positioned in the left tire track.) I tell him I need to for my safety and the law permits it. He says I need to keep on the shoulder because I am "impeding traffic" and violating the far to the right rule. I ask him if he is going to cite me. He says no. I then ask him if I can be on my way then. He says he didn't order me to stop- he didn't flash any red lights... I cut him off with a raised voice; "You stopped my under the color of law by flashing your badge at me!"

I mark that as the point that the "traffic stop" became something different- more of a conversation than a confrontation. I'll try to describe it in broad strokes rather than specifics, but some of his assertions are real gems.

So he tells me I can proceed, and I turn to mount my bike. He then said; "But don't be riding out where you were or I will have to call one of my on duty friends to meet you." I am about to retort "You had better call him, then!" when he asks if we could talk for a minute. I calm myself down and face him, and agree to talk.

He now asserts that he is just concerned for my safety. We discuss the relative merits of riding on the shoulder and in lane. It is impossible for him to imagine that I would be at greater risk of inattentive drivers when riding on the shoulder. I tell him that there are no restrictions on where I can ride in the lane if the lane is less than 14 feet wide. He asks how wide I think the lane is, did I measure it?

I tell him it is easy to get an accurate estimate. (Most cars about six and a half feet wide, can two of them travel side by side within the lane?) At this he laughed, and he said he knew quite well they were less than 14 feet from accident investigations.

He says; "Maybe it's within your right to ride there, but you'll end up dead right." (Yes, he actually did!)

We talked about the danger of distracted drivers drifting onto the shoulder, I quoted to him the law and we realized neither of us would persuade the other.

So I was compelled by a law officer who took it on himself to enforce (through intimidation) laws that only existed in his car-centric prejudices.


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


OPERATION ON ROADWAY. Sec 551.104
(a) A person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1) the person is passing another vehicle moving in the same direction;
(2) the person is preparing to turn left at an intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane that is:
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.