02

Blog

Police Ticket Cyclist For Taking Lane, Ticket Thrown Out (VIDEO)

Police Officers were Wrongly Cracking Down on Cyclists in Richmond, VA.

Bike Law’s Tom Bowden took control of the travel lane to justice this week in Richmond Circuit Court, on appeal from General District Court, by successfully appealing a traffic ticket wrongfully issued to Taylor Wyant for not riding on the far right of the roadway. Not only did Bowden get Wyant’s ticket thrown out and the case filed against Wyant dismissed, but Bowden and Bike Law helped develop precedent that protects all of us who regularly, lawfully and respectfully take control of the travel lane while riding our bicycles.

Check out this video: you will see Wyant riding his bicycle at approximately 15-20mph towards the center of a narrow travel lane in a compact urban area.  You will see that just after Wyant passes a UPS truck partially parked in the narrow travel lane and a row of parked cars, and just before he arrives at a four-way intersection controlled by stop signs, Wyant is passed at a distance that appears to be less than three feet by one law enforcement officer and then is stopped and written up by another.

Notice that another cyclist is pulled over, apparently for the same “infraction,” in the same video.  Officer states that he arrests cyclists often.  Here’s proof of zealous enforcement of the wrong interpretation of the law.

Applicable Virginia law reads as follows:

Any person operating a bicycle . . . on a roadway at less than the normal speed of traffic at the time and place under conditions then existing shall ride as close as safely practicable to the right curb or edge of the roadway, except under any of the following circumstances:

  1. When overtaking and passing another vehicle proceeding in the same direction;
  1. When preparing for a left turn at an intersection or into a private road or driveway;
  1. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right curb or edge;
  1. When avoiding riding in a lane that must turn or diverge to the right; and
  1. When riding upon a one-way road or highway, a person may also ride as near the left-hand curb or edge of such roadway as safely practicable.

For purposes of this section, a “substandard width lane” is a lane too narrow for a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped and another vehicle to pass safely side by side within the lane.

Va. Code Ann. § 46.2-905.  The statute is similar, but not identical, to Maine’s statute. Several aspects of Maine’s law are more favorable to bicyclists than the Virginia law and may prove to be a helpful resource for advocates across the country.

Throughout the Wyant stop, the ticketing officer and Wyant remain at loggerheads over whether Wyant was required to ride to the right under the statute. Noteworthy is the fact that not once in the exchange does the officer acknowledge the safety hazards associated with the UPS truck partially in the way or the row of parked cars (i.e. the possibility of dooring) that Wyant was forced to navigate and needed to take into consideration for his safety and the safety of other traffic shortly before he was pulled over by the ticketing officer.  Likewise, the ticketing officer fails to recognize that it would be unsafe for Wyant to stay to the far right when approaching an intersection where both right and left turns are allowed and where riding to the far right might make him less visible and more susceptible to harm. Further, there is no discussion about the width of the travel lane, or the fact that sharrows (i.e. chevrons) were painted on the blocks immediately before and after the block where Wyant was pulled over and on other narrow roadways in the vicinity.

However, when Wyant got his day in Court, it was not the exceptions to the rule that allowed Tom and his client to prevail in court—it was the rule itself.  

Before stopping Wyant, the officer failed to take into account Wyant’s speed and the important language of the very first paragraph of the statute.  

The opening language of the statute makes it clear that the “far right rule” only applies if a bicyclist is traveling at less than the normal speed of traffic at the time and place under conditions then existing.  

Here, the bicyclist was traveling the normal speed of traffic approaching a four-way stop in a compact urban area and should never have been pulled over.  End of story. At the hearing, the officer admitted that he did not check or take into account the bicyclist’s speed.  As such, there were no grounds for the ticket and the case was dismissed.

Congratulations once again to bicycle crash attorney Tom Bowden for a close read and application of the law!


Attorney Boxer-Macomber, who wrote this piece, has prepared an in depth analysis of Maine’s statute on where bicyclists may ride. Read it here.  While each state’s law is different, bicyclists and advocates from across the country will find the piece informative.  Note the explicit discretion given to bicyclists in the Maine statute, which allows them to choose the safest place to ride.

Comments

Brendan Kevenides Nov 11, 2019

A federal government agency is making a controversial recommendation to all 50 states that all bicyclists be required to wear helmets.   Mandatory bicycle helmet laws are a terrible idea.  Cycling as a form of recreation and transportation offers a myriad of benefits to the individual and the community as a whole.  An adult or child […]

Read More
Lauri Boxer-Macomber Nov 07, 2019

On Saturday, November 2, 2019, the family of Kathleen (“Kate”) Kirsch placed a ghost bike in her honor near the site of the tragic September 13, 2019 motor vehicle operator versus bicyclist collision that ultimately led to the loss of her life. Ghost bikes are public memorials parked on public ways near fatal crash sites […]

Read More
Rachael Maney Nov 01, 2019

November 1, 2019: Daylight Savings ends this Sunday, November 3rd, and we are counting down to fewer day time hours and the most dangerous time of year to ride a bike in the U.S. With approximately 65% of all crashes occurring in low light conditions, and the number of fatal crashes at a 30 year […]

Read More
Rachael Maney Oct 28, 2019

CLICK HERE FOR .PDF OF THE LETTER. [CLICK AGAIN ON THE .PDF AFTER JUMP FOR DOWNLOADABLE VERSION] To all members of the media and Associated Press: Crash fatalities amongst cyclists and pedestrians are at a 30 year high with more than 2 people on bikes being killed every day and pedestrians at an alarming rate […]

Read More
Bruce Hagen Oct 23, 2019

In the quaint downtown of Hogansville, Georgia, the memories of a once thriving economy are visible at every turn, from the old Opera House to the Royal Theater.   In this quiet corner of Troup County, south of the hustle and bustle of Newnan and the revitalized town of Senoia, Hogansville sits like a memory […]

Read More
Fairhope Bike Shop
Peter Wilborn Sep 16, 2019

Katie Bolton and her husband Joseph are the proud owners of Fairhope Cycle and Tri in Fairhope, Alabama – the eastern shore.  Their shop has been open for 8 years now and in addition to selling and servicing bicycles, the shop often is a “hub” for cycling events in the Fairhope area.   Katie grew up in […]

Read More
Rick Bernardi Sep 13, 2019

Stop as Yield. It was the legislative Holy Grail for Oregon cyclists. Idaho had pioneered the Stop As Yield concept—allowing cyclists to treat a stop sign as if it’s a yield sign—in 1982, and for decades, Idaho remained the only state where Stop as Yield was legal for cyclists, despite the actual practice being widespread, […]

Read More
Peter Wilborn Aug 20, 2019

A camera is necessary kit for every ride. But finding the right camera has been a challenge, until now. My rebuttable presumption: the Ricoh GR III is the best cycling camera of all time. Read on, and if you can prove there’s a better one, let me know. The Ideal Cycling Camera To find the […]

Read More
Human Shield Bike Lane
Bruce Hagen Jul 29, 2019

If you ride bikes around Atlanta, chances are that you know Niklas Vollmer and Andreas Wolfe.  They’re some of the many people in town who seem to live on their bikes and can be seen riding everywhere.  While they both have their “day jobs,” folks in the cycling world know them for their place in […]

Read More
Bruce Hagen Jul 19, 2019

This is a time when advocacy efforts are crucial to making our streets safer for everyone. Within 24 hours from the Two Wheel Tuesday gathering we suffered two more casualties.  On Wednesday morning, Marten Bijvank was on his way to work on his bicycle when he was struck and killed by an unlicensed DUI driver […]

Read More
AJ's Bicycle Shop in Iowa
Jim Freeman Jul 15, 2019

Bicycling Magazine recently published an article titled, “Hey, Bike Shops; Stop Treating Customers Like Garbage.”  The story follows a heavy-set 59 year old’s sad tale of how he was treated poorly from a number of local bike shops.   First and foremost, I would be clear that bikes are for almost everyone.  If you are big, […]

Read More
Bike accident scene
Rick Bernardi Jul 12, 2019

The big bike news out of the Oregon legislature this year was the passage of a Stop as Yield law. This was an enormous legislative victory for Oregon cyclists, the culmination of over a decade of advocacy. But it wasn’t the only legislative victory for Oregon cyclists this legislative session. A less glamorous but equally […]

Read More
Load More