Because Seeing is Believing

I have changed my position on using mirrors whilst cycling.

My position has been for years that unless you were astride a recumbent, or had impaired neck movement, mirrors were a silly distraction to the task at hand.

The reason for this is that the perils that face a cyclist are far and away predominantly ahead of him. We face hazards in the form of road surface impairments, obstructions and debris, and the turning movements of other traffic.

My feeling has been that until one is preparing for a movement that will potentially cross the path of following traffic, knowing what traffic behind you is doing is of no concern.

This not always true.

I now recommend the use of mirrors for cyclists

When one first takes to the roadway with a defensive position that uses body language to communicate his presence, he ought to use a mirror.

I can describe how traffic reacts to the presence of a slow moving vehicle, but few who are new to driving their bicycles in the traffic lane will really be confident of that until they observe it for themselves.

So when you grow weary of the close passes and the near misses of suddenly opened doors, right-hooks and left crosses and begin to assert your right to the roadway as an equal user of the public roadway, use a mirror.

Count the times you nearly get "runned over". (You might be surprised to see that it never happens!)

Observe how overtaking traffic yields to your presence. Take note of the delays you create. You will soon learn that any such expectation is simply a myth.

When you get tired of watching for such things that never happen, and have proved to yourself how even high speed traffic have no difficulties in overtaking you, you can put the mirrors away.

Because then you will have seen for yourself that the perils you face are in front of you, not behind you.

Bicycle Rules For Motorists TDH

1. A bicycle is a vehicle and any person riding a bicycle has all of the rights
and responsibilities as a driver of a vehicle.

2. Bicyclists are required to ride as far right in the lane as possible only
when the lane can be safely shared by a car and a bicycle, side by side.

Even then, there are certain conditions that allow a bicyclist to take the full
lane such as:

a. The person is overtaking and passing another vehicle proceeding in
the same direction.

b. The person is preparing for a left turn at an intersection or onto a private
road or driveway.

c. There are unsafe conditions in the roadway such as fixed or moving
objects, parked or moving vehicles, pedestrians, animals, potholes, or
debris.

d. The lane is of substandard width making it unsafe for a car and a bicycle
to safely share the lane side by side. When this is the case, it is best
for the cyclist to take the full lane whether riding single file or two
abreast.

3. Bicyclists are not restricted to the right lane of traffic. One-way, multi-
laned streets are one example. Another instance is when the bicyclist is
changing lanes to make a left turn. The bicyclist should follow the same path
any other vehicle would take traveling the same direction.

4. Motorists should merge with bicycle traffic when preparing for a right
hand-turn. Avoid turning directly across the path of bicycle traffic.

Common Motorists Mistakes

1. The most common motorist caused car-bicycle collision is a motorist
turning left in the front of oncoming bicycle traffic. Oncoming bicycle traffic is
often overlooked or its speed misjudged.

2. The second most common motorist caused car-bicycle collision is a
motorist turning right across the path of the bicycle traffic. The motorist
should slow and merge with the bicycle traffic for a safe right-hand turn.

3. The third most common motorist caused car-bicycle collision is a
motorist pulling away from a stop sign and failing to yield right-of-way to bicycle
cross traffic. At intersections, right-of-way rules apply equally to motor
vehicles and bicycles.


TEXAS DRIVERS HANDBOOK
TEXAS DEPARTMENT OF PUBLIC SAFETY
Revised October 2008

Part of Chapter 13 of the Texas Driver Handbook

COMMON MOTORIST MISTAKES THAT BICYCLE RIDERS SHOULD
KNOW

1. The most common motorist caused car-bicycle collision is a motorist
turning left in the face of oncoming bicycle traffic. Oncoming bicycle traffic is
often overlooked or its speed misjudged.

2. The second most common motorist caused car-bicycle collision is a
motorist turning right across the path of the bicycle traffic. The motorist
should slow down and merge with the bicycle traffic for a safe right-hand
turn.

3. The third most common motorist caused car-bicycle collision is a
motorist pulling away from a stop sign, failing to yield right-of-way to bicycle
cross traffic. At intersections, right-of-way rules apply equally to motor vehicles and bicycles.

Page 13-3

Sign, Sign, Everywhere a Sign

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) xxnot intended for normal vehicular travel.

Because an improved shoulder is defined the by the law this way, it has certain consequences that materially impact the safety of a cyclist who may wish to operate on the shoulder.

Because improved shoulders are "not intended for normal vehicular travel", warning signs that would inform highway users of a change in the disposition of the shoulder are not erected.

In the photo above, the roadway’s shape is changing from a median in the center to a "suicide" shared left turn lane. A warning sign has been erected to inform travelers of this change.

There are no signs informing travelers that the "Ennis City’s mandatory bike lane" is coming to an end and to be alert for cyclists entering the travel lane.

The posted speed limit for this section of the roadway is 45 MPH.　　　　　

A Close Call.

I was traveling home in unusual weather. I was fighting a headwind.

I had just turned north on FM 1722 away from our airport. I could hear that there was some traffic behind me waiting to clear the sharp turn in the road before overtaking me.

As usual, I paid them no mind. It is, after all, their responsibility to overtake slower traffic in a safe manner and with due care.

The engine pitch changed as they accelerated to overtake me.

I suddenly became alarmed at their behavior. They were passing me on the right!

There is no improved shoulder here, and it is a steep drop off into the ditch. He is overtaking me fast, his engine screaming as he floors it! I can only imagine him losing control and skidding into me!

I glance over my right shoulder to see which way to dodge.

There is no car in the ditch. Or behind me…

As I glanced behind me in alarm, I realize that the “traffic” I heard is a single engine airplane taking off from the airport and climbing over my head!
I had a good chuckle at how my hearing and traffic “bias” fooled me!

Local Road Work

For months it looked like this. Yikes!

Ennis City road department has completed their resurfacing project on Kaufman Avenue.

They have done a very good job!

There is a special delight in driving on smooth pavement.

It sports four 12 foot lanes and a center common turn lane in the 35 mph section. I am allowed to travel on this part of the roadway.



It has four 12 foot lanes with disappearing shoulders in the transition between 45 mph and 35 mph section.



It has not been established where along here I am allowed to leave the shoulder and begin operating on the roadway.

There is no indication of where along here I am required to abandon the roadway for the shoulder. (Or is that a “designated bike lane”?)

I am not allowed to travel on the roadway along these part according to local police, the local prosecutor and the local court, contrary to State law. Go figure!

Nemo and Daisy

On one of my common routes, I have a pair of friends; Nemo and Daisy.

They would always bark at me, and I would bark back (In a friendly way!) as they ran down the road pacing me. The always “chased” me from their side of the fence. They had about a quarter mile of frontage to gallop across.

The only problem they ever caused me was that their friendly barking would alert one of the dogs down the way that I was coming. (Casey) I could usually sneak by him going east, but Nemo and Daisy would give me up every time I went west.

Casey, however, has learned to keep his distance with only one application of my squirt bottle. We get along fine now.

Encouraged by my friends on the internet, one day I stopped (Yes, stopped! Gasp!) to take a picture of Nemo and Daisy, but they wanted to make friends. I now stop in for an enthusiastic hello whenever I happen by.

I met their owner a while ago. While I was petting them he came out to see if they had been menacing me. I assured him it was most likely the other way around. Thus I finally learned their names!

Daisy is paranoid and shy of automobiles. She is uncomfortable on the road side of the fence when a car is coming by. Their owner said she had been hit once. From her behavior, I’d say she didn’t like the experience. For that reason I roll up the driveway to the gate to pet them.

Nemo is the dominant one, and they stick together. So I noticed when Daisy greeted me by herself a few weeks ago. And then, after a short absence, Nemo was back. But he was limping now. His back leg was mangled. Only he knows how. I was told it is a permanent injury.

Despite only three healthy legs, he is almost as fast as before now, but he abandons the chase sooner.

For these two, life on my side of the fence has been harsh to them. I enjoy stopping and showing them there is some kindness over here as well.

What Codger Said

My road bike making nice with fixies.

“You believe that ChipSeal has a right to the road, but disagree with his decision to exercise that right? What good is a right, if the tyranny of others prevents us from exercising it?”

-Codger

My single speed waiting for me to be done at the library

Impede Traffic, Pull Over a Cyclist!

Graphic courtesy of Keri Caffrey

Friday March 19, 2010. Approximately 13:30 hours. Ennis PD traffic stop.

Cause: The Patrol Officer preferred the cyclist use a different route.

Result: Cyclist allowed to proceed after a consultation with headquarters.

Particulars:

The cyclist was traveling west-bound on East Ennis Avenue having just crossed Kaufman Avenue, on his way home with groceries. He was pulled over in the 200 block in heavy traffic. Because there was no place to pull off the roadway, they blocked the right travel lane for the time of the stop.

The highway has four 12 foot travel lanes. The posted speed limit is 30 MPH.

The Officer initiated the traffic stop from the left lane. When he “whooped” his siren, the cyclist did a head check to see the patrol car in the left lane trailing the cyclist by less than a car length. There was another car, directly behind the cyclist, trapped by the patrol car. The cyclist signaled a right turn and pulled to a stop at the curb.

The officer approached the cyclist and greeted him by name. The cyclist was unfamiliar with this officer.

The officer asked the cyclist if he understood that he was not allowed to drive on the left side of the right travel lane.

“Not on this lane.” Said the cyclist.

“Why not?” Asked the Officer.

“It is less than 14 feet wide.” Replied the cyclist while producing his 12 foot tape measure.

The lane turned out to be 11 ½ feet wide.

The Officer excused himself to consult someone who had access to the law books.

The cyclist busied himself with taking photographs.

Shortly, the Officer again approached the cyclist and apologized for stopping him.
The cyclist accepted his apology, and continued his trip home.


Self-portrait in Officer McCurdy's glasses

First, Stop Digging

I am concerned with the City of Ennis’s reputation. They seem to be garnering the mantel of a backward jurisdiction with a Barney Fife police force.

I resist that notion. I still want to believe that the men and women on our police force are sincerely serving our community with personal integrity and with honor. But it is hard.

To maintain that notion, I am clinging to the idea that they have inept leadership, and those who ought to know better are allowing otherwise fine officers to look foolish.

On Tuesday, March 9, Officer McCurdy arrested me. He did not tell me what law I had allegedly broken. After cooling my jets in the Ennis city jail for 26 hours, (10 AM Tuesday to just after 12:30 PM on Wednesday, according to my phone records.) I was keen to look at the citation to see what the particular charge was.

I was not given one.

What I did receive was a “personal recognizance” bond form with the charge “Impeding traffic/Bike Offence” in Municipal Judge Johnson’s handwriting and his signature. This was different than last time. I wonder: Was my previous arrest handled in an irregular manner, or was this latest time the irregular one?

I suspect, but I can’t be certain, so this is somewhat speculative: Why was I held for about three hours after the PR bond was signed? I think they would have held me longer but it was easier to release me than to make a run to McDonalds for another dollar value menu hamburger.

So Friday I stop at the court to file seven motions and plead not guilty to this charge. I ask the court clerk for my case number. She runs my case envelope through the copy machine. Here is what my case envelope says:

E0011786 01 100053359
Fin: 100.00 Cst: 94.00 Due: 194.00

BATES, REED

Officer: MCCURDY, JASON E
FAILURE TO KEEP BICYCLE ON RIGHT SIDE OFROAD

Violation Date: 3/9/2010

Yeah, that charge has me scratching my head too. As absurd as it is, they avoided an even worse charge that the police were considering, and perhaps this is just a reflection of it.

I wonder who changed it to “Impeding Traffic/Bike Offense”. Was it Judge Johnson cleaning it up after closely questioning the circumstances surrounding my arrest by interviewing the four officers who were present? Did he interview any of the 911 callers who accuse me of impeding them?

Who else has the authority to change the charges? Toby Mash, our city attorney?

My recollection of how it went down

With unsubstantiated anonymous reports of death and mayhem pouring in to the Ennis 911 system, three patrol units and four Ennis city officers responded to suppress the latest crime wave on Hwy 287.

Now while I always strive to be polite, some of my friends have counseled me that my style of presenting my case can feel confrontational. Making declarative statements of what the law actually says to a police officer can get their backs up, apparently. “You may be right, Reed, but they think they know the law. You can’t appear to be schooling the teacher.”

So I am resolved to defend myself with Officer McCurdy by avoiding declarative statements by asking questions instead. (Y’all can see how well that worked out!)

So after I take his picture, I concentrate on presenting my case through questions.

Chip “Why did you stop me?”
OM “We have been getting a lot of 911 calls.”
Chip “Couldn’t the 911 operator inform them that bicycles are allowed to operate on the roadway in Texas?”
OM “We are concerned with your safety.”
Chip “Oh, you stopped me on a safety violation?”
OM “Yes. You were riding out there”; He pointed to the roadway. “Why weren’t…”
Chip, interrupting; “Now you are talking about traffic law, not a safety violation!”
OM “… you riding over here on the shoulder?”
Chip “So did you stop me for a traffic violation or a safety violation?”
OM “Traffic law is about safety.”
Chip “How wide is that travel lane?”
OM “I’m not here to argue about the law.”

Officer McCurdy seemed a little flustered, and unsure of himself. He tried a different tack.

OM “You know tractors, right? They have to have those slow moving vehicle signs on them.”
Chip, displaying the back of his messenger bag that has a 7” by 7” triangle on it; “You mean one of these?”
OM “Yes, but bigger, you need to have one of those to ride out there.”
Chip “So you stopped me because I have an equipment violation?”
OM, looking hopefully toward arriving backup officers; “No…” He seems sorry he brought it up.
Chip “So if I get a big triangle, I can drive on the roadway?”
OM “No, I’m not here to argue about the law.”

Enter Sgt. Pillow. She came toward the front of officer McCurdy’s unit, but would not advance closer to us than standing beside the front wheel. I suspect she was avoiding being viewed by the dash camera. She and I exchange greetings with each other by name.

SP “Mr. Bates, we have been through this before, you need to be riding over here.” She points to the shoulder.

(I want to say that I replied that shoulder use was optional, and I chose not to, but frankly I don’t remember what I said here. I will take the time to transcribe the dash-cam audio when it is made available to me. I hope what I write here will correspond to the audio. I will post it so you can see how well I did.)

SP “This is a designated bike lane here. You are required to ride on it.”
Chip, in astonishment “Where are the signs designating it? How is the public to know it’s a bike lane?”
SP “It is a designated bike lane”

She holds a quick roadside conference with the other two officers present.

OM distracts me “This is a wide shoulder. It’s in pretty good shape. It’s pretty clean. Why won’t you ride on it?
Chip “It is more dangerous than the roadway.”

Officer McCurdy dismisses all of my objections as inadequate, and I am irked that I am being required to justify opting “no” to what by state law is optional. I finally ask him what vehicles are required to use the shoulder. “I’m not here to argue the law.” He said, as he went to consult Sgt. Pillow.

He returns after a moment and places me under arrest. Outside of “OK” and “thank you”, I say not a word more. Officer McCurdy never tells me what I am being arrested for, and so for the next 26 hours I am hoping it will be a Sec.551.103 (a)(4)(A) violation of failure to use a designated bike lane. Wouldn’t that be a hoot!

Which behavior causes the most harm?

It is clear by their roadside behavior, the line officers are not getting guidance from their leadership other than “get him off the road!” These officers are casting about for any excuse to arrest me and make the 911 calls stop. But the way charges are changed after the fact, why do they even bother?

Clearly, what the law actually says, allows and prohibits has no importance at the street level. The Ennis police apparently are buffeted by forces beyond all that nitpicky legal stuff. Any excuse , no matter how ridiculous, is seized on to justify arrest.

And our judge and city attorney clean it up and back them up.

Logic and reason likewise are unable to deter this manic imperative to put the irksome uppity cyclist in his place. Could someone point to the harm that requires an arrest be made? With at least 20 hours of exposure on Hwy 287 and more than 300 miles expended crossing it, who has been harmed? Bring forth the victims!

If operating on that roadway were such a perilous activity, why am I still able to write this after all that exposure? Shouldn’t I be road kill by now?

But with the international attention being drawn to the City of Ennis, are continued arrests worth the damage they are causing to our reputation? It is easy to draw images of Barney Fife blundering about. Negative slander is carried along with popular notions of “southern small town corruption”. The behavior of our police can be easily cast as typical ignorant prejudice. [biking in heels, Rantwick, city cycle]

The lawfulness of my behavior is clear to any who can read. There plenty of helpful guides on-line if one needs help. [1] People outside of Texas have a better handle on the rights of cyclists in Texas than the Ennis PD does! Oh yes, let’s keep arresting the bicyclist!

Stubborn

Who should back down, the City of Ennis or ChipSeal?

Perhaps the City of Ennis should wait to see how the new appeal trial turns out. Such a claim would save face and allow further sport at our expense to cease. It would be just like those two years prior to October 2009 when I drove around just like do now, but without the drama. (How did Ennis get along all that time without arresting me? Can the City of Ennis point to chaos and mayhem during that period when I was “unregulated”?)

Or perhaps I should voluntarily abandon exerting my right to drive on the public roadway. Suck it up and drive where it is less safe. Expose myself to greater peril for the greater good. (Reducing the work-load of our 911 operator?) Take to gravel roads and take longer trips.

I should just stay home, or take the bus. (There is no bus.) I could walk the six miles to town for groceries. If I took a wheelbarrow, I would be a vehicle and thus traffic, and able to use the roadway! [2] I would no longer write critical phone numbers on my arm before leaving the house.

No, I think not. The more the City of Ennis strives to remove my right to the public road, the more dear that right seems to me. I won’t be backing down, Ennis. Perhaps you should weigh the costs and reconsider before proceeding.

I have.



[1] The Ennis PD should make haste to update their copies of the TTC. It is shameful that Officer Watson was made to look the fool because he was provided with an outdated copy of the TTC

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

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.