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ENFORCEMENT

Motorist Enforcement

Police LightFew motorists go out of their way to deliberately hit or frighten bicyclists. However, an equally small number really appreciate the impact they can have on the safety and comfort of those around them who are outside the protection of a steel cage. Motorists are on the lookout for threats to their safety and so are scanning for other vehicles - they may not be paying attention to the cyclist or pedestrian ahead of them in the road. They may not realize that speeding through a neighborhood prevents people from crossing the street or feeling comfortable riding up to the shops. When overtaking a bicyclist, motorists are worried about how close vehicles in the adjacent or oncoming lanes are rather than how close they are coming to the bicyclist.

Issues with Driver Enforcement

  • Bicyclists are often held in low esteem by other road users - the image of the errant cyclist running stop signs and red lights pops easily into almost everyone's head. Thus, stopping a motorist to cite them for a traffic violation involving a bicyclist is, on the face of it, going to win the officer very few new friends. Indeed, many motorists will be completely unaware of what they have done wrong even after being pulled over. The first task for the officer, therefore, is to make sure the motorist does understand and appreciate the impact of behavior that causes danger to a bicyclist. If the driver seems to get the message, a warning may be all that is necessary.
  • Some drivers, however, won't get it. They will steadfastly refuse to accept bicyclists should be on the road in front of them. They may even claim to be acting in the bicyclists' best interest in telling them to "get off the road" for their own safety. Even if the officer wouldn't ride on that road themselves, they should help the driver understand that the cyclist has a legitimate right to be on the road and that riding in the gutter or on the sidewalk  is likely much less safe.

Officers should beware of the defense that the bicyclist “was all over the road". Certainly some bicyclists do weave around and are unpredictable. More often than not, the bicyclist is simply trying to avoid a pothole, dodge a rock or broken glass, or stay away from a crack in the road between the gutter and the asphalt. Bicyclists are not required or expected to ride in the gutter, and are not required to get out of the way of motorists. Equally, bicyclists should not deliberately hold up motorists when there is space for safe passing.

Areas of Focus for Motorists:

  • Driving while impaired by drugs or alcohol
  • Failing to yield the right-of-way
  • Speeding, particularly in neighborhoods and near schools.
  • Overtaking bicycles in areas where it cannot be done safely.

Warnings versus Citations

There is a place for a verbal or written warning in traffic law enforcement. Where officers are engaged in new or different enforcement activities, warnings are a great way to get the word out. Officers should try to give the first warnings through the news media to let people know

Citations are clearly appropriate in many circumstances. Where a driver's actions place bicyclists in obvious danger, or a crash is narrowly avoided, or a crash occurs. Deliberate or reckless violations should also dictate formal enforcement action.

 
 

 

Bicyclist Enforcement

Motorist Enforcement

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