Police: Ignorant of Bike Laws? Make Them Up!!
January 29th, 2008 
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I’m sick of police officers who are ignorant of the law. If you’re a police officer who wants harass cyclists you presume to be breaking the law, be damn sure you know what you’re talking about. Cyclists, if you’re sick of it too, join me in complaining, as explained later.
A perfect example of police ignorance arose on the 3rd Venice Critical Mass (which was a blast!) An officer of the LA County Sheriff’s department berated riders for leaving the bike lane when riders from the rear were overtaking riders at the front. “Ride single file in the bike lane and stay out of the road” she repeated over loudspeaker.
California Vehicle Code 21208 enables cyclists to leave a bike lane in several circumstances, including “when overtaking and passing another bicycle”. There isn’t anything in the vehicle code about riding single file.
The Sheriff’s ignorance of the law is similar to Santa Monica PD’s (SMPD) ignorant bullying of cyclists during Santa Monica Critical Mass (SMCM). One SMPD officer cited a cyclist for leaving the bike lane to pass a car inching along in the bike lane. The cyclist was legal, the motorist was violating the law, so SMPD cited the cyclist. Another officer cited a rider for walking his bike on the grass without lights. Worse, in the photo below, SMPD cited Alex Cantarero for “no front lights”, while 50 witnesses stood hypnotized by the dual front lights mounted on his pegs. This same bike cop was earlier joy riding with his lights off, and when confronted about his hypocrisy argued “police don’t have to adhere to the law.” INDEED.
(photo courtesy of Gary Kavanagh)
While SMPD enthusiastically generates the record for a class action lawsuit the madness isn’t restricted to the Westside. Bike activists Stephen and Enci Box were thrown in hand cuffs when Stephen insisted that police record his wish to file charges against a bus driver who pushed him WITH THE BUS. Beverly Hills Officer Prenesti called a cyclist an idiot and cited him after the cyclist stood up to a motorist who nearly killed him.
I’m sick of it, and I’ve called the LA Sheriff’s department at 800-698-8255, and 310-482-6000 to to express my displeasure with their officer. Please pile it on by calling yourself.
If SMPD targeted you unfairly, on Critical Mass or off, complain with this form. For you, filing a complaint is painless. For SMPD it entails a investigation of the complaint that must be reviewed by the Chief of Police.
Cover his desk.
(SMPD Chief Jackman does a handless skid at the Bicycle Film Festival, faux photo courtesy of Midnight Ridazz)
Author Info
Called the Sheriff’s Department @ 310-482-6000.
Deputy Hall tried a couple of times and I was finally able to speak to the watch commander.
Lt. Allende, took my comments, argued that they get complaints from locals that cyclists are taking over ths streets.
“It’s a difficult task maintaining the balance of peace.”
I reminded him that some complaints are opportunities to inform the complainer that the cyclists have the right to the lane, the road, to ride unharrassed.
Ultimately, well-intentioned but misguided instructions are still misguided and inappropriate.
Cyclists are entitled to the full use of the lane and are not bound to the bike lane if they are going the speed of traffic.
Woo Hoo!
He offered to include cycling sensitivity in his roll call.
I feel for that poor bastard that got the ticket for not having having lights (sic). haha!
Sigh.
Alex, keep fighting the good fight. I promise I’m not moving to SF because LA left me feeling defeated. I swear, I’ve always wanted to live in SF and this LA thing was just a pit stop on my way from VA.
Keep on pushin’
Sally,
If you took that long a pitstop in my family you’d be left chillin while my dad drove off to New Mexico. Have a great time in SF, and tell them they’re cousins down here in LA are fighting the good fight.
AT
An officer of SMPD threatened to arrest me yesterday for not having my driver’s license while riding (then searched my bag). Is there a law about this? Do you know where I can post this question and get feedback?
Thanks -
Sitting Here with $160 Ticket
Jader:
1) He can’t search you without probable cause unless you give your consent. It doesn’t sound like he had probable cause, did you consent to a search? Regardless, it seems unnecessary – file a complaint, either in person:
http://www.santamonicapd.org/units/traffic.htm
or online:
http://www.labikemap.com/tickets
2) You do not need a driver’s license to use a bicycle. However, if an officer believes you have committed a citable offense, and you cannot provide identification, then he can arrest you to verify your identity. I believe that at this point they have the right to search you, but, I think only if you are being arrested.
I filed a complaint using the form above. The next day, the Lieutenant called, and in extreme police-speak (more dense than legalese), he apologized on behalf of the SMPD. He said that their are 2 things a police officer can do wrong: misconduct and bad customer service. He said in my case, the officer had “provided extremely poor customer service,” and his “punishment, if you will” would be “counseling” — using my complaint to teach him where he could have behaved differently. He said there was no misconduct, so I asked specifically about saying I could be arrested for not having a license, and the Lt. said that technically when you get stopped by a police officer, you’re automatically under arrest. (My journalist friend says it’s when you have your Miranda Rights read to you, and the Lt. was just using further intimidation.) I think the officer (Navarro, I see there’s another complaint about him) really needs serious training, not just one talking-to – seems like a bully glad to have a uniform.
The main thing is, the police apologized and said that kind of treatment is not what they’re here for. Why am I still cynical? As an aside, the Lt. said the ticket is a separate issue that has to be dealt with in court, and he couldn’t do anything about that. Thanks for the support!
Here’s a cute website about the laws in Illinois.
http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a1434.pdf
Bikers are essentially required to follow the SAME rules as any other vehicle on the road. The only exceptions are: a) for the bikers’ safety, they are supposed to ride single file on the right hand side of the road (unless extreme situations justify otherwise) and b) the bikers may select to behave as pedestrians and cross safely using crosswalks.
This may be different in California.
Last nite Santa Monica cops pulled me over for not having rear light which he insisted was required by the law. We must boycott Santa Monica , class action suit etc. Their municipal law requiring bike licences is rediculous and deceptive implying that the California law requires it.
Boycott Santa Monica , take your money elsewhere, encourage others and make it known!