Printing "Bicyclists' Rights" handout

MichaelBluejay · 2010-12-17 21:22:12

Nearly a decade ago I created the "Bicyclists Rights" handout. Since then, every year or so I put out the call to have it checked for accuracy, and someone says they'll do it, and then I never hear from them again. At one point the Texas Bicycle Coalition was thinking about publishing it, but the person I was working with left before that ever happened.

So let me dust this off yet again. I intend to print up a gazillion of these and make them available statewide, but I'd like others to peer-review it first. If I have to, I'll just break down and pay an attorney to do it, but before I do that, are there volunteers from our community to have a crack at it?

Also, I'm soliciting advice about any changes I should make to it before printing. However, please note that every square micrometer of space is already filled up, so suggestions about adding content aren't helpful unless you also suggest what should be cut to make room for it.

Finally, it's possible that the laws might have changed a bit in the last decade, I'm not sure. I would have loved to have included the Safe Passing Bill that the TX Bicycle Coalition worked so hard for, only to have Governor Perry veto it.

Thanks!

MichaelBluejay · 2010-12-21 17:24:40

Anybody?

ggw · 2010-12-21 23:55:31

Hi Michael,

1) Dude. Its Christmas, e.g my wife's best friend denied even a "grab a quick lunch together" because "Its just crazy right now".

2) Regardless of what you might think, you have NOT given a decent sell job for getting help with YOUR project.

3) This is a commuters forum. We already spend over an hour/day dealing directly with cycling (at least M-F (except if we don't feel like it)), so spending even more time on cycling is asking a lot.

George Wyche
PS I don't rate as HIGH yet-another-solitary-activity for the good of society. Turn it into a group activity or something.

MichaelBluejay · 2010-12-22 00:48:43

Okay, you're right, I'll try again after the holidays. But as for this being a group project, I'd be thrilled if it were. I don't need any ownership of this at all. In fact, before TBC lost interest, they were going to take what I'd created as a starting point, pretty it up, and put their own name on it. That was fine with me. This is only "my" project if I don't get any help with it, and have no choice but to go forward on my own. If you have ideas for turning this into a group project, I'm all ears (with the understanding that I probably wouldn't hear from you about that until after the holidays).

In any event, I'll try this again after the holidays if there isn't any interest before then.

damicoaustin · 2010-12-22 09:01:03

George, you're coming off as bit of a scrooge. I also agreed to work on this long ago and never did it. Actually, the holidays would be the perfect time to work on this for me, since I'm off work. I'll get on it and report back occasionally so that it has the feel of a group project.

ggw · 2010-12-22 10:04:06

You'd have to ask others who know me about being a Scrooge or not. I'm an engineer.. not great at nuanced writing (and I don't like this font either).

I am not responsive to whining which is what the "anybody!" struck me as. Threats to "Pay lawyers by myself" from a guy not fond of lawyers and not flush with spare cash all points to MBJ trying to play to sympathy instead of other tactics (ones that would appeal to me).

Glad you are "getting things done" during your off work time. I'm watching similar goals slowly evaporate, but... still plenty of time to become resigned to that.

Happy Solstice (is past),
George Wyche

MichaelBluejay · 2010-12-22 17:29:51

Wow. ggw, I'm sorry you took my request at community input into this project as "whining", and a "threat". It's just that after years of my not making any progress on this project, I simply wanted to show that I had a plan to actually go forward if I didn't get any help from the community. I certainly didn't see that as a "threat".

Anyway, damicoaustin, thanks very much for your help! As I said, I'm happy for this to be a group effort, and it's fine if there's ultimately some other organization's name on it to take the credit. I just want the cards to be available to the public. That's all I'm trying to accomplish here.

dougmc · 2010-12-22 18:43:01

I'm no attorney or legal professional of any sort, but ...

Personally I'd remove the entire "Motorist Offenses" section -- I don't see much value to that part. OF COURSE reckless driving is illegal, etc.

Beyond that, I'd add a small section about the three foot passing law and other provisions of that Austin ordinance. Yes, it's Austin specific, but it's the law and it's exactly the sort of thing you may find yourself showing to somebody on the side of the road.

I imagine that it's convenient to only have one version of this, but really, many of the bicycle related laws are Austin specific, so two versions may make sense. For example, it would be nice to mention that riding on the sidewalk is only illegal in a few places in town, and then enumerate them.

You could add a section about how electric bicycles are treated as bicycles as long as they fit some specific requirements.

You could mention the required equipment on a bike -- lights at night, brake, seat, etc.

MichaelBluejay · 2010-12-22 18:59:11

Okay, that's a good idea -- we should have one version that's Austin-specific, since we do have some Austin-specific laws, like the 3-foot passing ordinance, and certain areas where cyclists can't ride on the sidewalk.

There are a few reasons for "Motorist Offenses" section. First, when a driver threatens me, I want to be able to show them that they're actually breaking the law. Also, it's a reminder that not only do drivers break the law, they're usually the ones who are injuring or killing people -- not cyclists. And I hope it puts things into perspective -- whatever a driver is getting bent out of shape about re: a cyclist, isn't nearly as serious as the things that cyclists get bent out of shape about re: drivers. So that was my thinking behind that section. What does everyone else think?

damicoaustin · 2010-12-22 19:46:19

Agreed on Austin panel and Dougmc's other suggestions. But yes, I like Motorists Offensives section. What I wonder about is the value of:

Injury caused by DWI is Intoxication Assault
and
Death caused by DWI is Intoxication Manslaughter

On another subject, I envision an accordian fold brochure on slick paper that's a tad smaller than the current print out. I'm getting some templates from my printer and will give you and idea of what it might look like soon.

MichaelBluejay · 2010-12-22 21:34:37

Rather than an Austin "panel", I thought the idea was for a completely separate version for Austin, and one for generic statewide? I like the idea of two different versions.

Agreed that Intoxication Assault and Intoxication Manslaughter are the least important offenses to be listed, and the first ones to be cut if we need to make room for other stuff.

I'm flexible on the size, but I'm hoping for wallet-size.

dougmc · 2010-12-23 13:24:55

MichaelBluejay wrote:

There are a few reasons for "Motorist Offenses" section. First, when a driver threatens me, I want to be able to show them that they're actually breaking the law.

Assault is assault -- you don't need to quote some laws to make that clear. Most motorists realize that law frowns on drunk driving. Besides, if you're ever in a situation where any of those things actually apply, I don't imagine you and the driver will be looking at the handout and comparing notes. More likely is that the motorist is speeding off and you're grumbling to yourself, or you're on the phone to 911 (if it's really bad), or you're bleeding in the street, or you're both screaming at each other at the top of your lungs.

If I was redoing this, I'd include a very quick summary of the relevant laws, and then a listing of the relevant parts of the actual law. At least that's where I've found having things like this to be useful -- somebody says that the law says X and you know it says Y and you can show them.

MichaelBluejay · 2010-12-23 19:36:06

Assault is assault -- you don't need to quote some laws to make that clear.

Everyone knows assault is assault, but not everyone knows that *threats* are also assault. And if for any reason a driver winds up with one of these cards in his hand, it would be nice if he got a reminder that he might have done something illegal -- especially if he's harassing a cyclist over something minor which had no chance of causing any harm to anyone. Basically, we have a *possible* benefit from leaving it in, while there's no benefit of all by taking it out. (Well, we might be able to use the space for something else, though at this point I don't know what else we would put in instead.) Still, if the consensus is that we should remove that section, then we'll remove it. What does everyone else think?

If I was redoing this, I'd include a very quick summary of the relevant laws, and then a listing of the relevant parts of the actual law.

Well, that's pretty much what the card is, I think. If you're talking about including some of the actual text of the law for each section, I don't think there's nearly enough room for that -- even if we took out the assault section.

damicoaustin · 2010-12-24 09:35:11

I say leave the Motorist Offense section in for now. I think it would be valuable to show police officers!

dougmc · 2010-12-24 23:57:58

damicoaustin wrote:

I think it would be valuable to show police officers!

If a police officer doesn't already agree with what that part says, no summaries of the law are going to convince him. (The actual text of the law might, though in that case I tend to doubt it.)

If you have to show a police officer that trying intimidate a cyclist with a car is illegal, you've already lost. (If you want to show him that it's legal to ride on the sidewalk of this particular block on Congress, or that a rear reflector is valid -- that's a case where this could be useful to show an officer.)

MichaelBluejay · 2010-12-25 02:48:07

Yeah, but I'm still going with the "It couldn't hurt, and might help" argument.

MichaelBluejay · 2011-01-05 13:12:29

Okay, it's after the holidays. damicoaustin (and everyone else), how do you think we should proceed?

damicoaustin · 2011-01-05 16:32:17

I actually made it through about a third of the content, researching it and tweaking it...I'll try to post something for review tonight or tomorrow morn. Then will hit on next section.

damicoaustin · 2011-01-06 15:29:03

OK, let me know if any of you would like to share via some other way, but here is what I've done. I've double checked current code for all sections up to Motorist Offenses. New content I indicated in brackets <NEW> and further noted whether it would be general or Austin specific.

I added:

1) Section on equipment and helmets

2) Section on sidewalks. I envision for Austin this could be a little side box or something.

3) Section on traffic control devices, since bicyclists here have been getting tickets for going around barricades. Let me know what you think about this, since cops let me do it all the time for parade barricades...but they get pissy when it's 6th Street being blocked off! And section on Riding Between Cars

4) A notation after Riding on the Right about "practicable"

5) Adding TX Transp. Code before code where relevant, since now I have Austin and TX code (and there was a penal code in there) When we layout, we can figure that part out to see how notations make sense.

6) Just talked to printer...he's going to get me samples Monday or Tuesday on mini booklet options.

7) Question for MBJ. On "not require to carry ID" section, you had this in brackets: [A person must identify him/herself only if arrested; no ID is required.] When I read the code and content, it notes being "detained." Wouldn't you be required to identify yourself if being stopped and questioned? Not just arrested?

Here's the content....

Bicyclists' Rights

<NEW>Required Equipment

A person may not operate a bicycle unless the bicycle is equipped with:
• a brake capable of making a braked wheel skid on dry, level, clean pavement.
A person may not operate a bicycle at nighttime unless the bicycle is equipped with:
• a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle; and
• on the rear of the bicycle a red reflector that is visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the bicycle; or a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle.
TX Transp. Code, Sec. 551.104

<NEW General>Helmets
As of January 2011, state law does not require a helmet to ride a bicycle, with the exception of specific helmet laws in Arlington (under age 18), Austin (under 18), Bedford (under 16), Benbrook (under 17), Coppell (under 15), Dallas (all ages), Fort Worth (under 18), Houston (under 18), Southlake, (under 15). Check your municipal code to ensure you are aware of helmet regulations in your area.

<NEW Austin>Helmets required for minors
Except as permitted by Section 12-2-33 (Health Condition Exemption) a child (age 17 and under) may not operate or ride on a bicycle, sidecar, trailer, child carrier, seat, or other device attached to a bicycle unless the child is wearing a helmet. The helmet must be properly fitted and securely fastened to the child's head with the straps securely tightened; not be structurally damaged; and conform to the standards outlined in the code
Austin Municipal Code, Chapter 12-2-31 (A-C)

Bicycles have a right to the road
A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle
TX Transp. Code, Sec. 551.101(a)

Cyclists don't always have to ride on the right
A bicyclist is NOT required to ride at the right curb or right edge of the roadway when (s)he is:
• moving as fast or faster than other traffic.
• passing another vehicle moving in the same direction
• preparing to make a left turn.
• avoiding 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.
• operating a bicycle in an outside lane that is: 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.
• riding on a one-way road with two or more traffic lanes, in which case the cyclist may ride as near as practicable to the left curb or edge of the roadway. Paraphrased from TX Transp. Code, Sec. 551.103. Operation on Roadway
• <NEW>riding on a roadway with signage designating "Bike May Use Full Lane"

<NEW>Note that the law says you must ride as far right as "practicable," unless one of the conditions above apply. If it's not safe to ride far right, then it's not "practicable" and you may take the full lane. (However, you may be put in a position of defending your view of "practicable.")

Bicycles may ride two-abreast
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. Sec. TX Transp. Code, 551.103(c). Operation on Roadway

Bicycles may ride on the shoulder
A limitation in this section on driving on an improved shoulder does not apply to... a bicycle. Sec. TX Transp. Code, 545.058 (c)(3). Driving on Improved Shoulder
Bicycles can park on the sidewalk
A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. TX Transp. Code, Sec. 545.302(d). Stopping, Standing, or Parking Prohibited in Certain Places.

<NEW For general>Riding on Sidewalks
Municipalities often outlaw riding a bicycle on designated sidewalks. Check your local municipal code.

<NEW For Austin>Riding on Sidewalks
Bicycles may ride on sidewalks except in the following designated areas:
(1) 100 to 1100 blocks of Congress Avenue;
(2) 1900 to 2500 blocks of Guadalupe Street;
(3) 100 to 1100 blocks of Brazos Street;
(4) 200 to 1100 blocks of Colorado Street;
(5) from the 200 block of Second Street (West) to the 300 block of Second Street (East);
(6) from the 900 block of Fifth Street (West) to the 800 block of Fifth Street (East);\
(7) from the 700 block of Sixth Street (East) to the 1000 block of Sixth Street (West);\
(8) from the 100 block of Eighth Street (West) to the 200 block of Eighth Street (East);
(9) from the 100 block of Ninth Street (West) to the 200 block of Ninth Street (East);\
(10) from the 200 block of 11th Street (West) to the 200 block of 11th Street (East); and
(11) from the 200 block of 15th Street (West) to the 200 block of 15th Street (East).
Austin Municipal Code, Chapter 12-2-13 (A &B)

<NEW Austin>Riding between cars
A bicyclist may not ride a bicycle between vehicles traveling or standing in the same direction within marked lanes of a roadway.
Austin Municipal Code, Chapter 12-2-16 (B)

<NEW>Bicycles must follow traffic control devices
A bicyclist shall obey the instruction of official traffic signals, signs, and other traffic-control devices applicable to vehicles, unless otherwise directed by a police officer. (Including street barriers)
Austin Municipal Code, Chapter 12-2-12 (A)

Bicyclists not required to carry ID
A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has law-lawfully detained or arrested the person; or requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. [A person must identify him/herself only if arrested; no ID is required.] Texas Penal Code, Sec. 38.02. Failure to Identify

MichaelBluejay · 2011-01-06 16:11:30

This is awesome, damicoaustin, thanks!

You're right that my summary of the ID issue wasn't very good. I suggest more simply, "[A person must identify himself, but no ID is required.]"

The new Austin content in particular is excellent. Since there's quite a bit of new Austin content, I suggest we have a separate version for Austin (which includes TX laws + Austin laws), and then a generic one for Texas. My dream is to make these cards available statewide, and it's a lot of wasted space if the statewide cards have a bunch of Austin info.

What's the thinking behind the Required Equipment section? It's not really "bicyclists' rights", it's rather "bicyclists' responsibilities". My original motivation in creating these cards was to show that cyclists aren't required to do things that people often think we're required to do (e.g., hug the curb), and to show that even things like threats of assault by a motorist are a crime, even in the absence of actual assault. Of course if we want to make the cards more comprehensive we can, but given the space it'll take up I'd like to open a discussion about how useful that addition would be?

dougmc · 2011-01-09 22:29:00

The Austin version should mention that riding on the sidewalk is not permitted anywhere on the UT campus as well (Not sure if there's a law to cite, but policy?)

MichaelBluejay · 2011-01-09 23:33:51

Here's the policy:

"Vehicles Driving on Sidewalks, Grass, or Shrubbery: It is prohibited for any person to drive a vehicle (including bicycles, mopeds, motor scooters, etc.) on a sidewalk, walkway, patio, plaza, grass, shrubbery, or any unmarked or unimproved ground area unless such areas are signed and marked for driving, except as authorized by the director."

Parking & Traffic Regulations 2010-2011, Section IV, Traffic Regulations

They're not kidding around, either:

"The subject was also found to have an outstanding outside agency arrest warrant for riding a bicycle on a sidewalk." (UT Police Dept. reports)

Arrest warrant!

dougmc · 2011-01-10 00:10:28

MichaelBluejay wrote:

"The subject was also found to have an outstanding outside agency arrest warrant for riding a bicycle on a sidewalk." (UT Police Dept. reports)

I parse that as the arrest warrant being issued by an outside agency -- UTPD didn't file an arrest warrant, somebody else did.

Still, sounds like a good person to be arrested.

I'd say in general UTPD *is* kidding around, sort of -- they'll give you a warning more easily than APD will, for example, and if they do ticket you for something the fine is a whole lot less :)

(Of course, APD won't put a hold on your registration if you don't pay your ticket. But they certainly will put a warrant out ...)

MichaelBluejay · 2011-01-11 16:08:43

damicoaustin is a little busy for a while, so while we're waiting for him to return, let's see if we can get some input on some of the issues raised so far.

I propose that we have two versions: One for Austin, which covers Austin+Texas regulations, and one for Statewide, that covers only Texas. The Austin regs take up quite a bit of space for a wallet-size card, and I don't see any good reason to include the Austin regs. for other cities. Hopefully the other big cities will follow our lead and create a similar card that includes their own local regs. (if they haven't done so already). Anyway, is there any dissent to having an Austin version (Austin/State laws) + a Statewide version (State laws only)?

I'd also like to get some feedback on whether we should include the "Required Equipment" section that damicoaustin proposed. That section isn't really "bicyclists' rights", it's rather "bicyclists' responsibilities". My original motivation in creating these cards was to show that cyclists aren't required to do things that people often think we're required to do (e.g., hug the curb or ride on the sidewalk). Of course if we want to make the cards more comprehensive we can, but space on a wallet-size card is at a premium. So should we include this section or not? If we do include it, do we make room for it by cutting something else, or by adding more panels (pages) to the card? If we cut something else, what do we cut?

waterloo_cycles · 2011-01-13 16:55:01

I'd say a TX version, with a separate Austin insert. makes it easier for other cities to emulate as well as freeing up space
also, I say include the required equipment, there have been a few times when I've been out riding at night and seen folks without lights and said "hey, did you know it's about $150 fine for riding without lights etc" and have them argue with me about the very existence of the law. be nice to be able to hand them something in writing

Michael F Zakes, prop.
Waterloo Cycles

Bicycle Austin forum

#1 2010-12-17 21:22:12

Printing "Bicyclists' Rights" handout

#2 2010-12-21 17:24:40

Re: Printing "Bicyclists' Rights" handout

#3 2010-12-21 23:55:31

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#4 2010-12-22 00:48:43

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#17 2011-01-05 13:12:29

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#22 2011-01-09 23:33:51

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#23 2011-01-10 00:10:28

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#25 2011-01-13 16:55:01

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