Was this ART bus driver "behaving improperly"?

[btj]

The video below is on N Veitch St heading south across Lee Highway. Around the 50 second mark an ART bus appears from the far right lane and cuts in front of me and the truck seen at the beginning of the video (which later can be seen going straight through the intersection). Also, the bus was pretty close to me but the fisheye camera lens makes it appear a further away.

As for my placement, I typically stay in the middle of the lane at this light to leave room for drivers who are turning right (many who are legally turning right on red here).

I’ve seen far more egregious actions on the roads but since this was a county operated bus I felt the need to let someone know about the incident. I emailed Steven Yaffe (Transit Operations Manager, Arlington County) with the video and my description of events. He was quick to respond and respectful though solely focused on lane markings. After looping in the Transportation Design & Operations Manager they let me know that no lane markings will be added until construction is complete near that intersection in Fall of 2015.

Mr. Yaffe then emailed, “As I said, the ART bus operator wasn’t behaving improperly. Some intersections aren’t completely marked with lane Instructions.”

So you be the judge, was this ART bus operator behaving improperly? Should I have been further to the right side so that no vehicles could go around me?

[video=youtube_share;W88B2pXliuk]http://youtu.be/W88B2pXliuk[/video]

Topic

[Anonymous]

So the official argument by an actual government official is that it doesn’t matter how close the bus passed you because there were no lane markings specifying otherwise? Seriously? If the lane was marked as a single lane, the bus should have stayed behind you in the lane until it could pass safely. If two lanes were marked, one could conceivably argue the bus was ok as long as it stayed in its own lane, but passing within the same lane certainly should require safe passing distance or waiting until it can change lanes to achieve safe passing distance.

I don’t know the answer to the lane placement; there’s an intersection I used to use frequently where I had the same problem– there didn’t seem to be any good position to place myself– an intersection with a double-wide but not marked lane– I didn’t want to stay all the way to the right and block right-turning cars, but also didn’t like to be more toward the left and have cars going straight pass close on the right. Neither option is good.

[bobco85]

Was the bus driver behaving improperly? Yes. He was clearly trying to get the jump on you passing through the intersection. Was the bus driver breaking the law? I think so because he cut you off without signaling and turned across your direction of travel (a violation of your ROW). It’s very disappointing and unacceptable that an official response would be an excuse for dangerous driving due to the lack of painted lines.

I don’t know think there’s much else you could have done to prevent this dangerous maneuver by the bus driver. It was clear you were heading forward towards the bike lane on the other side (there isn’t a bus stop there or anything so the bus should not be that far over to the right).

In the past, I have had very few situations where waiting at a light I have a car pull up to my right side, but it has happened. If the driver does not appear to be looking to turn right, I have actually asked the driver if they’re turning or not. Sometimes drivers move to the right so they can drop-off/pick-up someone at the opposite corner or prepare for an upcoming right turn after the light. When they said they were not turning, I told them that I’m heading straight for the bike lane (I point, too) and thanked them for letting me know. Regardless of their response (or non-response), I then move into the crosswalk in front of the right corner of their car so that they can easily and safely pass me.

Honestly, this is a situation where a bike box would be useful (oddly enough, one happens to be on the other end of this intersection).

[Brendan von Buckingham]

I get it, but only because I’m a cyclist peer. But non-cyclists won’t understand. Your position at the stop established your lane position to go straight and gave the courtesy of space for people who might have wanted to turn right on red at a very long light. That was nice of you. The bus driver took advantage of your courtesy to race you off the line and pass on your right. That’s a dick move, but passing on the right is not illegal.

I find the green ART buses in general to be a little bit more aggressive than Metro buses when it comes to overtaking me from behind, or trying to box me out of a lane when I overtake them. I chalk it up to their smaller size; I also assume that they are contract operators with less safety training than Metro bus drivers.

[mstone]

Less safety training than metro? There’s a terrifying concept.

[dplasters]

@Brendan von Buckingham 95321 wrote:

I get it, but only because I’m a cyclist peer. But non-cyclists won’t understand ……. That’s a dick move, but passing on the right is not illegal.

I think every driver would find that video to be a dick move. They just don’t really care about the cyclist part. He cuts off a truck too. And that is more important!

People are jerks to each-other on the road no matter what type of transportation method they are using.

[dasgeh]

It looks like he passed you with less than 3′ clearance. That is clearly illegal.

It also looks like there is one lane there (as you said, no markings to indicate otherwise). I don’t know the statute on this one, but IIRC, there is a Virginia statute that states a bike can be to the right of a car in the same lane. I strongly doubt that it is legal for two cars to be in the same lane. If that’s the case, the operator is also breaking the law by trying to “split” one lane with a bike and a pickup truck.

[DismalScientist]

This is all SOP on Washington Blvd at George Mason, although generally people pass on the right just to avoid left turning cars.
At the corner in question, if I were going straight on Veitch southbound, I would place myself in the middle of the “right” lane and would look behind. If a car wants to turn right and signals, I will move to the left to let him by on the red. Otherwise, I’m not moving.

[Anonymous]

@Brendan von Buckingham 95321 wrote:

The bus driver took advantage of your courtesy to race you off the line and pass on your right. That’s a dick move, but passing on the right is not illegal.

Passing on the right is not illegal. Passing too closely is.

[jrenaut]

@acl 95341 wrote:

Passing on the right is not illegal. Passing too closely is.

I don’t know the letter of the law, but I’m pretty sure the passing on the right refers to roads with more than one lane in the same direction. Passing on the right because the road is wide and there aren’t lines is reckless and negligent and it’s hard to believe people think that it’s okay.

[cyclingfool]

@acl 95341 wrote:

Passing on the right is not illegal. Passing too closely is.

Not unless you hit someone apparently, at least in Alexandria.

@emm 95246 wrote:

Alexandria police have indicated they won’t be enforcing the 3 ft rule for cars/bikes unless an accident actually occurs.

[Anonymous]

@jrenaut 95342 wrote:

I don’t know the letter of the law, but I’m pretty sure the passing on the right refers to roads with more than one lane in the same direction. Passing on the right because the road is wide and there aren’t lines is reckless and negligent and it’s hard to believe people think that it’s okay.

Good point. Though if I’m riding to the left of a travel lane (preparing for a left turn, say), I generally think it’s fine for cars to pass on the right if there is adequate room. I guess I’m not sure the letter of the law on it, either.

[jrenaut]

Virginia also has some pretty broad reckless driving laws. They mostly seem to be so that Fairfax County cops can really throw the book at people doing 90mph on 66, but they also include drag racing, which one could argue that bus driver was doing.

[AFHokie]

Isn’t that a two lane road? i.e. one lane for each direction of travel? Even if you weren’t there, the truck had the right of way before the bus since it was first in line. I’m assuming because you were there, the truck backed off to keep from sandwiching you between him and the bus. Unless the truck initially indicated a left turn and changed his mind? I didn’t see a turn signal indicating a left from the truck.

That’s not the first vehicle I’ve watched use a right turn lane to get ‘beat’ another vehicle waiting to go straight through an intersection, but it’s the first time I’ve seen a bus try it. Usually, it’s cabs or other cars.

[dasgeh]

The other point about this that irks me is that when a large, public bus does something that makes a vulnerable road user fearful, that should be per se improper behavior. I would have instead liked to see a response from Steve along the lines of: “We strive to help our drivers understand that bikes are in a vulnerable position on the road, and our goal is to drive safely. Let’s see what the driver did that was improper, and discuss.” instead of jumping to the conclusion.

Are you going to engage further? I’d also want to know what, if any, training ART drivers have gotten about the new laws in effect in Virginia since July 1.

[btj]

@dasgeh 95360 wrote:

Are you going to engage further? I’d also want to know what, if any, training ART drivers have gotten about the new laws in effect in Virginia since July 1.

I plan to send another follow up email. I know the three foot passing law went into effect on July 1, were there any others?

[Author]

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