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Sep 02, 2010 [05:32 PM]

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Not Far Left Enough

by Will
Monday Aug 28, 2006
Posted to Front Page Posts
Hard to imagine I might ever hear those words given some of my views, but that is what NYPD Officer 757 told me as he gave me a ticket friday night while I was waiting at a red light. My penance for riding Critical Mass this month.

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It is hard to imagine that the Police (and Mayor) have any bit of personal dignity or self respect left given the shear irrational measures they now take in their on going irrational war on the best bicycle promotion event in the world. I wonder how they explain their actions to their friends, or if Bike Busting is just a dirty little secret that you don't talk about parties.

During Critical Mass Friday I finally earned my first stripe, and unlike the officer who gave me the ticket, I don't know if I could be more proud. The reason for the ticket was so pathetically ludicrous that I still feel giddily embarrassed for the ticketing officer.

Here was the situation...

I was one of the first cyclists to leave Union Square floating west on 17th street. I was one of three to first arrive at 17th and 5th Avenue. One of the other two was my dutiful girlfriend. The two of us were on the left side of the road, left of a lane of cars which were also stopped at the traffic light. To my right was a car, to my left was my honey. My front wheel was breathing on the white cross walk stripe. The light was red. Here is diagram:

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As I stood there waiting and waiting for the stupid light, a gaggle of scooter cops came cruising down 5th Avenue. They didn't seem entirely sure where they were going at first, then they spotted the mass of cyclist down 17th and all 16 or so cops swung in front of 17th. It was rather poetic as they blocked the whole intersection right as the light turned green. I suggested to my girlfriend we might want to walk the bikes. As she went to the curb the scooter cops swerved against traffic into 17th street one pulled between us, on my left. Here is another diagram:

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Officer 757 asked me if I had ID, and I said sure and handed him my drivers license. I asked him if I was being stopped for something and he didn't really answer. He was giving some direction to other police, so he must have been a more senior bike harassment. At this point I could only imagine the sense of pride he must feel having gone to the academy to fight crime and protect the public and after probably ten+ years on the force he has now graduated to lieutenant of bike busters. But I digress. We moved to the curb and he told me I was being ticketed for not being far left enough. Oh, he must be very proud I thought!

"Not far left enough?" I said, "I was left of the car lane waiting at the light." Top bike buster 757 said I was not far left enough. I wasn't really clear on this far left enough, I mean did he want me to ride against the curb, two feet from the curb, two feet from the parking lane? I decided to try a curve ball and I said there was another cyclist to my left. He said, then you can't be there, he then said some flim flam about that I had to ride in single file. Which IS flim flam and not what the law says.

Here is the text of the statute 412(P)(3) which is cited on my ticket:

—34 RCNY 4-12(p)(3): Bicycles permitted on both sides of 4O-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.

Source


That statute is written to ALLOW cyclists to ride on EITHER the left or right side of the road on a one way. This is a city law and is specified because state law VTL §1234 says you must ride on the right. Additionally city laws —34 RCNY 4-12(p)(1) and —34 RCNY § 4-02(e) invalidate the requirement to ride only two abreast or in a bike lane. If you have been ticketed for bike riding you should consult the Bike Defense Fund guide to fighting your ticket.

Curious to see how rediculous this could get I said, "I was here first, the cyclist to my left pulled up next to me." He said that's my fault. He then said he saw me pull up, I asked him how he could have seen me pull up when I was sitting at the light long before he arrived and had watched his group come riding down 5th Ave. He got confused by this possibility and changed the subject. The bike busters, they are not so bright, not even the best ones.

BTW if anyone was there and has photos or video from the intersection of 17th and 5th Ave, please let me know.

The argumentativeness of this had gotten boring so I moved on. "Ah, so how many of you are there working out here tonight?" I asked. "About 90" officer bike buster 757 said. "Holy Crap! 90?! really?" I exclaimed. I was truly surprised. I had no idea it was that many. I've been good at avoiding the cops till now I guess, so I really didn't know. I had figured 35 to 40 plus a few helicopter pilots. Officer Bike Buster 757 I think suddenly too realized for the first time in his life what a shocking number of officers that is for policing some cyclists. When I asked him "really?", he thought about it for a second then suddenly started mumbling, "er yeah... I don't know... or whatever we have out here every last friday". He had an understudy write up my ticket, a young woman who looked to be writing her first ticket in her life given the amount of instruction Bike Buster 757 had to give her. Ah, a new graduate's first proud moment on the mean streets of NYC. I bet you always remember your first bust!

We exchanged a couple more words before Bike Buster 757 had to run off to rid the streets of more cyclists. As is pretty well known these bike busters come from other parts of the city and are not on over time. They are pulled off their regular local beats to try to free the city of Critical Mass. Bike Buster 757 was from Jamaica Queens. I hope the citizens of Jamaica feel like they are getting their tax dollars' worth. They won't be getting anything out of this from me if I can help it. I'll be fighting the ticket, so I'll let you know how that goes.

That's about it for this month's onNYTurf Critical Mass ride report. I was separated from the ride and could not find the pack again. My girlfriend had dutifully waited for me, which was very sweet. Of course she now knows to stick with the pack, and I can catch up. :) But she is definitely sweet!!! LOL. What else can I tell you about the rider? Reverend Billy was at Union Square to say some inspirational words about the first amendment and remind us that it was the anniversary of Katrina. The ride was attended by about 100 people (Small turn out, booooo. Yeaaaay high cop to biker ratio 90:100 - better than the teacher to student ratio in NYC schools!). Oh yeah, and while cops were busy ticketing cyclists, this happened.

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