— WARNING — Cops writing tickets on the W&OD in Falls Church

[americancyclo]

@baiskeli 16171 wrote:

I don’t get it.

This implies that cyclists never have to stop, even for stop signs. If they are legally pedestrians at crosswalks, I still don’t think pedestrians can just jump into traffic if it’s not safe. This case would imply that nobody was at fault – that there’s no law at an intersection except that cars must yield, even if a bike or ped jumps right out in front of them.

That’s not what the law states. As a cyclist, at an intersection, you have all the rights and responsibilities of a pedestrian. The primary responsibility is:

§ 46.2-924.No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.

§ 46.2-923.When crossing highways, pedestrians shall not carelessly or maliciously interfere with the orderly passage of vehicles. They shall cross, wherever possible, only at intersections or marked crosswalks.

I feel that cyclists are considered pedestrians at intersections according to § 46.2-904

A person riding a bicycle, electric personal assistive mobility device, motorized skateboard or scooter, motor-driven cycle, or an electric power-assisted bicycle on a sidewalk, shared-use path, or across a roadway on a crosswalk, shall have all the rights and duties of a pedestrian under the same circumstances.

It also seems that the only pedestrian control devices are listed in § 46.2-925

Whenever pedestrian control signals exhibiting the words, numbers, or symbols meaning “Walk” or “Don’t Walk” are in place such signals shall indicate and apply to pedestrians as follows:

Walk. – Pedestrians facing such signal may proceed across the highway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
Don’t Walk. – No pedestrian shall start to cross the highway in the direction of such signal, but any pedestrian who has partially completed his crossing on the Walk signal shall proceed to a sidewalk or safety island and remain there while the Don’t Walk signal is showing.

To me, this says that the stop signs are not a pedestrian control device, and since I am considered a pedestrian on a shared path at an intersection, they do not apply to me. My only obligation is not to enter the roadway “in disregard of approaching traffic”.

[mrkenny83]

I know everyone here feels strongly against headphones while riding bikes, so I’m sure no one will agree with me. But, I got stopped because I had my iPhone earpiece in my right ear on the ride home. I wasn’t listening to music (although – I usually do). I was simply waiting for my boyfriend to call me with some news – so I had my earpiece prepped.

The officer told me that I was expected to follow the same rules as cars when I’m riding my bike on the road, and I needed to remove my earpiece. I took issue with this because (1) I wasn’t driving on the road, I was driving on a trail, and (2) it’s perfectly legal for me to have my earpiece in while I’m driving a car.

I asked him a couple questions, and instead of being helpful and answering me – he assumed I was being argumentative and kept interrupting me. Finally he said – “Trail or not, Hands-free earpiece or not – just heed my warning, sir.” I thanked him and rode away.

I wasn’t rude or anything…. and there was nothing dramatic about our interaction. It was just annoying. Why are you policing a trail? And why do you have to be so rude about it? GEEEEEEEZE, we’re just earth-friendly bikers!

[americancyclo]

and you’re allowed one earphone in on VA trails, if I remember correctly. That one guy has been annoying a lot of people lately.

[mrkenny83]

@americancyclo 16188 wrote:

and you’re allowed one earphone in on VA trails, if I remember correctly. That one guy has been annoying a lot of people lately.

UGH! You are 100% correct. “In Virginia, it is unlawful to operate a bicycle while using headphones on or in both ears (VA 46.2-1078).”

That makes me so angry. How am I supposed to take that jerk seriously when he doesn’t even know what he’s talking about?! If you’re enforcing the laws that people need to follow – It’s important to know the laws that people need to follow.

[mstone]

@baiskeli 16171 wrote:

I don’t get it.

This implies that cyclists never have to stop, even for stop signs. If they are legally pedestrians at crosswalks, I still don’t think pedestrians can just jump into traffic if it’s not safe. This case would imply that nobody was at fault – that there’s no law at an intersection except that cars must yield, even if a bike or ped jumps right out in front of them.

No, it implies that the person was cited for the wrong thing, making the citation invalid. The person still might have been found at fault and could have been cited for violating a different provision of the code (as outlined below) but that doesn’t validate the original citation issued in error.

[DaveK]

@mrkenny83 16185 wrote:

I know everyone here feels strongly against headphones while riding bikes, so I’m sure no one will agree with me. But, I got stopped because I had my iPhone earpiece in my right ear on the ride home. I wasn’t listening to music (although – I usually do). I was simply waiting for my boyfriend to call me with some news – so I had my earpiece prepped.

The officer told me that I was expected to follow the same rules as cars when I’m riding my bike on the road, and I needed to remove my earpiece. I took issue with this because (1) I wasn’t driving on the road, I was driving on a trail, and (2) it’s perfectly legal for me to have my earpiece in while I’m driving a car.

I asked him a couple questions, and instead of being helpful and answering me – he assumed I was being argumentative and kept interrupting me. Finally he said – “Trail or not, Hands-free earpiece or not – just heed my warning, sir.” I thanked him and rode away.

I wasn’t rude or anything…. and there was nothing dramatic about our interaction. It was just annoying. Why are you policing a trail? And why do you have to be so rude about it? GEEEEEEEZE, we’re just earth-friendly bikers!

Driving with a handheld phone is legal in VA – I would have said something like “you’re right, this is too dangerous” and put my phone up to my year riding away one-handed.

[mrkenny83]

So here’s my question.

If I KNOW I’m not doing anything wrong (aka – earphone is one ear), but the cop says I’m doing something wrong – what do I do? I’m not the argumentative type… and I’d be nervous arguing with an officer.

Why should I be forced to do something if it’s not against any laws?

[americancyclo]

I just took the effort to paste the applicable Virginia code and will be keeping it on my phone. Don’t take bullying from anyone.

[mrkenny83]

@americancyclo 16196 wrote:

I just took the effort to paste the applicable Virginia code and will be keeping it on my phone. Don’t take bullying from anyone in uniform.

You’re my new hero. Done and done.

[rcannon100]

While you are talking with the officer, make a clear glance at their name plate. When they are being abusive, this will sometimes get their attention (its a signal that you will be filing a complaint against them – which you can do – I had one experience like this. The moment I took that clear glance at his name plate, he backed WAY off).

Otherwise, say “yes sir”…. and ignore him. The quicker you leave behind you on the trail, the better (dinks are going to be dinks – aint nothin you can do about it)

Final comment – not recommended – if you REALLY want to press the issue, demand that the police officer write you a citation. That creates a record, you can bring it into court, and you can create a teaching moment. Again, I dont recommend this – although I know some cyclists who have essentially be forced to do this…. and it did apparently work.

[baiskeli]

@americancyclo 16181 wrote:

That’s not what the law states. As a cyclist, at an intersection, you have all the rights and responsibilities of a pedestrian. The primary responsibility is:

§ 46.2-924.No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.

Ah, that’s what I was looking for.

So the point is that pedestrians, and therefore bikes, can’t jump into traffic, but they don’t necessarily have to stop or follow a stop sign telling them to.

[baiskeli]

@mstone 16190 wrote:

No, it implies that the person was cited for the wrong thing, making the citation invalid. The person still might have been found at fault and could have been cited for violating a different provision of the code (as outlined below) but that doesn’t validate the original citation issued in error.

I agree, I was just trying to figure out what the right code is.

[baiskeli]

@americancyclo 16196 wrote:

I just took the effort to paste the applicable Virginia code and will be keeping it on my phone. Don’t take bullying from anyone.

After seeing all the complicated discussions about the code after the wave of accidents at the Crossing of Doom in Rosslyn, I printed much of the code and put it in my panniers.

[baiskeli]

@Bruce Wright 16115 wrote:

If a cyclist does get a ticket for running one of the W&OD stop signs I would recommend contesting it. Several years ago a cyclist was issued a ticket at the W&OD/Belmont Ridge intersection. He was in the crosswalk and was struck by a motorist. The ticket cited VA code 46.2-821 Vehicles before entering certain highways shall stop or yield right-of-way.. The cyclist hired a lawyer and fought the ticket. The judge decided that since the W&OD Trail is not a “highway,” the cited code was not applicable. See my notes about this case at the end of a bike commuting article I wrote for the RBC newsletter back in 2004.

Probably the bottom line is that the code says bikes are like pedestrians when using pedestrian facilities like crosswalks, and vehicles when using roads like vehicles.

[americancyclo]

@baiskeli 16214 wrote:

but they don’t necessarily have to stop or follow a stop sign telling them to.

That one gets a little fuzzy. I have my opinions, but don’t construe them as having the law on your side

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