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Critical Mass Tickets

Mapping the "criminality" of bicycling

Side of Roadway

Side of Roadway
Ride:
03-2007 (March, 2007)  
Violation Type:
Other  
Ticket Status:
Not Guilty --> Dismissed  
Actual Ticket Information
Time of Violation
7:45pm 
Violation Of
412P3 
Description
SIDE OF ROADWAY MUST RIDE ON RIGHT OR LEFT SIDES 
Place of Occurence
N/B ON PARK AVENUE @ EAST 18 STREET 
Description

The police had blocked the intersection ahead of me. An officer came up to me, grabbed my bike, and requested my license. As we talked, the street cleared out, and she moved me over toward the curb. She was more civil than i've come to expect: she actually answered me when i asked what was going on, and why i was being stopped.

Still gave me a bullshit ticket for not riding on the right or left side of the road, eventually, though.

When i pointed out to her that there was no way i could ride all the way over to the right (because there were other cyclists there), she said "You should be riding single file, then."

When i told her i didn't think that the law called for cyclists to ride single file, she said something along the lines of "Look, i'm just doing what i've been told to do."

She then took my driver's license, told me to wait there for her to bring it back, and wandered away for quite some time. I was amazed enough at the whole scene to forget to get her badge number, so i stood there in the street where she had put me. She was gone for quite some time, to the point where i was no longer sure that i'd get my license back, but as the police were winding everything down at that intersection (which they had blocked up for about 30 minutes) she came back with my license and the written-out summons.

Reading up on the Traffic Rules which i was ostensibly violating, i find that in fact, the section states (from section 4-12 (p)):

(3) Bicycles permitted on both sides of 40-foot wide one-way roadways. Any person operating a bicycle upon a roadway that carries traffic in one direction only and is at least 40 feet wide may ride as near as is practicable to either the left or the right hand curb or edge of such roadway, provided that bicycles are not prohibited from using said roadway.

Which appears to be clarifying additional privileges for bikes (i.e. the permission to ride as far on the left as is practicable in addition to the right), not removing them.

At any rate, it would have been impracticable for me to ride further over to the right than i was, because there were other vehicles there!

 
Comments

followup on dismissal

I went to the hearing on 17th July 2007. The officer apparently didn't even show up, and i had no opportunity to say anything before the case was dismissed outright. This was clearly a waste of time for everyone involved.

CCRB Complaint (updated with link)

if the tix you were issued is inapplicable to what you were doing, i would suggest all CM riders to start filing CCRB complaints. This may force officers who state they are only following orders, to examine what their orders are and whether they are valid. By filng a CCRB Complaint, the individual officers will be called to task for their acts.

You can file a CCRB complaint on line, it should only take a few minutes. you should be able to identify the officer who issued you the summons, from information on the face of the summons.

https://www.nyc.gov/html/ccrb/html/complaint.html

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