Posted on 09/18/2011 7:32:42 AM PDT by Immerito
A few months ago, I received a phone call from a cyclist with an incredible story about an incident in Lawrence County, Ohio. Because the cyclist-a guy named Tony Patrick-was in need of an attorney, I hooked him up with Steve Magas, a contributing author to Bicycling & the Law, and a well-known bicycling attorney in Ohio. After hearing Tony's story, Steve took his case. More about that later; first, let me tell you about Tony.
Weekdays, Tony runs his small construction company in Huntington, West Virginia. Weeknights, and weekends, Tony, a Cat 2 racer, can often be found hanging out at Jeff's Bike Shop-that is, when he's not out on a training ride, or racing. And that's not unusual; Jeff's Bike Shop is the center of a vibrant racing scene in Huntington, the second-largest city in West Virginia, and the home of Marshall University.
That racing scene means regular training rides, all of which start out and end up at Jeff's. There's a ride every other day, each geared to a different set of riders, but the real hammerfest is the Tuesday night ride. That's the ride where the locals try, as Tony puts it, to hurt each other over the course of a 23-34 mile route that takes them across the Ohio River, into the back roads of southern Ohio, before looping back across the river into Huntington.
And that's how Tony found himself just outside of Chesapeake, Ohio, one Tuesday night in August of 2008, heading into town to take the bridge back across to Huntington. Tony was riding with "Ryan," a then-16 year old nationally-ranked racer with a 4.2 GPA. ["Ryan" is a pseudonym; I've concealed his identity because he's a minor.]
(Excerpt) Read more at bicycling.com ...
The roads out my way are NOT designed for bicyclists; yet the meatheads still try to operate on them and wonder why they get so many “close calls”. If bicyclists want to ride on the same road as cars, then they should be tagged and taxed to provide the extra asphalt to accommodate their obsession so the rest of us driving on the roads designed for AUTOMOBILES can actually make it to our destination without some asshat holding up traffic.
“Roads are for cars only. Right?”
...and trucks. When bicycles and pedistrans start paying fuel taxes, they can make claims on the roads also.
What bicycles should be doing is tolling themselves to pay for bike lanes, that are clear of roadways. Either GPS-based tolling, or requiring something like a $50 license.
No from reading the story the baiting occurred after the initial confrontation.
I think this case is an example of when libertarianism meets reality. Which is why I tend not to be libertarian in practice, only in theory. (at least in some ways)
To answer your question directly, “Yes, anytime a police officer gives you an order, you obey”. Why? Because of what happened here. As we all know, many are on a power trip, and thus feel personally threatened if their orders are not obeyed. So, one can be either a good little libertarian and “fight the power that be”, in the process most likely getting your @$$ kicked, or, one can be “wise as a serpent yet gentle as a dove” and get justice where it really will only matter: in the courts.
Either that, or we are talking about advocating anarchy (as well as getting one’s @$$ kicked).
Oh I have, says cyclists have to obey the same laws as people driving cars.
If I buy a motorcycle, it is tagged and registered. No different than what bicyclists on public roads should have to do. As a matter of fact, if bicyclists insist on riding on public roads spec'd out for automobiles, I think they should have to go through a safety class first; and I am not talking for their safety, I'm talking about the other legal drivers' safety.
“I’ve lost count of the numbers of cyclists I’ve seen peddling furiously towards a stop sign and then kept on going after making a perfunctory sideways glance to see if traffic was coming. “
Hell, I do that when I’m driving, providing it’s small roads and good visibility. They should have a lot more yield signs and a lot less stop signs, as stopping eats up fuel and eats up my clutch.
Of course not, why to even ask? That's why the law uses the term "a lawful order" - to make sure that licking the LEO's boots is not part of the deal.
The deputy might have been on a power trip, but he had a right to regulate traffic. His orders to that effect were lawful - even if incorrect. The proper place to challenge that is called the courtroom, and the chances of winning there are far, far greater than at the roadside.
“...bicycling attorney...” “...4.2 GPA...”
Two things I didn’t know existed. You learn all sorts of things at FR.
That’s a childish response. You said that cyclists aren’t allowed on the road. I asked you for proof. Twice. And this is the best you can come up with?
Okay ........
No difference at all? What about that thing called a "motor?" Motor vehicles are charged a tax.
Stop at the stop signs, you idiots. If you decide to ride in a clump of 10, obstructing the 50 mile per hour single lane, do not be surprised when people honk, flip you off or do something worse. And, no...I don't do any of those things. But it does happen. And I understand why. I actually saw one terribly snotty “pack leader” who had held up about 5 cars for a couple of miles (on that 50 mph road) start to flip somebody off that slowed down to flip HIM off...and the guy in the car replied by flinging the contents of giant yogurt smoothie in Snottybiker’s face. Direct hit. Do I think that was right? OF COURSE NOT...it's assault in my book. On the other hand, these cyclists up here are not dealing in reality and seem obsessed with their “look” their “rights” their, their, their.
When a gaggle of these fools pull into a local retail area they are glared at and ignored. People are pretty sick of the attitude.
The article was dopey. I don't for one minute think it happened as written. I do think the cop was probably at fault...But I'm rather convinced that the adult rider brought a lot of this situation on himself. Use some common sense...it will get you far in life.
I ride a bicycle sometimes for transportation. I probable break every rule of the road. But I get out of a cars way, I am planing 1 or 2 blocks ahead how not to be a traffic problem. I am not planning to be nice, but to avoid getting hit by a 2 ton car. These cyclist are why I occasionally get the figure when I am riding. Cyclists making life hell for cars is not an endearing trait. Oh and when the cop says stop you stop, period. Not stopping when told to stop by a cop is an excellent way to have a very bad day.
At times, bicyclists use the road and are lucky to maintain a constant 15 mph. They are a danger to themselves and to others. I would not be allowed to drive my care 35 mph under the speed limit why should any one else be allowed to take up the roadway at that speed.
Until the road is widened and a designated lane for bike riders is put down, I feel bikes should be banned from that road for safety reasons.
Smart kid ;)
That'll probably be about as effective as a pet license, and we'll end up with the same result...packs of feral cyclists roaming the streets of suburbia, knocking over garbage cans and crapping on well-tended lawns because their owners wouldn't take responsibility for them, or they got dumped there because their owners didn't want to pay a minor fee to have them euthanized.
Just sayin'.
It is NOT the bicycle but the FACT that it is something moving very slowly compared to the normal traffic of the road.Any slow moving vehicle is a danger,Put an Amish buggy on U.S. highway 50 and watch the mess.Bicycles were last capable of sharing the roads when horses were the usual.
The road is safest when all the traffic is capable of moving at the same speed appropriate for the weather and road conditions.
Most cars require you ride the brakes to keep the speed below 20mph so as to not rip the spandex.
I generally despise the recreational cyclists who clog the winding rural road when I need to go into town and don’t want to do so at 15mph.Said road is double yellow lined all the way because it twists and turns for miles.And the cyclists never seem to care.They usually ride abreast,and only by making an illegal pass while hoping not to meet another car,can one get around them.
But if obama and the envirocreeps have their way only government limos and plebian bicyles will be on the road.
The worst areas here are irvine newport beach
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