On June 20, 2010,
BACA and the central Arkansas cycling community lost a
dear friend when Marilyn Fulper, age 56, was struck and
killed by a rogue motorist at the intersection of
Cantrell Road/Highway 10 and River Mountain Road.
While crossing the intersection on a green signal,
Marilyn was struck and killed by a motorist who ran the
red light.
In the past two
years, four other cyclists have been killed in Pulaski
County in car/bike collisions: Stephen Winfrey,
40, of North Little Rock was killed on the eve of Earth
Day 2010 when he was struck from behind and killed by a
hit&run driver on Pike Avenue in North Little Rock.
Christopher Shavers, 26, of Little Rock, was killed on
June 7, 2009 when he was struck and killed by a pickup
driver hurrying to beat a yellow light (it should be
noted in the motorist's defense that Chris ran the red
light). On May 24, 2009, Sandra Watson, 41, of
Jacksonville was killed by a hit&run driver as she was
sitting on her bike at her mail box in rural Pulaski
County. Ahmed Ismael, of Little Rock, was killed on
February 23, 2009, when he ran the red light at St.
Vincent Circle and University Avenue in Little Rock, and
was struck by multiple vehicles.
Several other cyclists have been
struck and injured by motorists during the same time,
but were able to survive their encounters.
Enforcement -- for both erring
cyclists and motorists alike -- is a key component of
the six elements that define a bicycle-friendly
community. And on a nation-wide basis, it is
consistently the one area that needs the most
improvement. Stories of fatalities and injuries
like the ones above are strong discouragements for
people to ride their bikes more often, primarily due to
fear of motor vehicle traffic. And when motorists
do strike and kill (or maim) cyclists or pedestrians,
investigations are often cursory, and if the violator is
found, the penalties are often inconsequential in light
of the loss and suffering incurred.
BACA's goal, in memory of Marilyn
and our other lost riders, is to make central Arkansas a
bike-friendly community where the entire judicial system
-- from our laws and regulations, through law
enforcement, and through our court system -- achieves
three important goals:
Protecting the rights of
cyclists to operate legally on our streets and
highways;
Protecting cyclists against
careless, reckless, and/or dangerous driving; and
Ensuring cyclists themselves
follow the rules of the road, and operate safely.
Our streets must be safe for
cyclists, pedestrians, transit riders, and motorists
alike.
"Ghost
bikes," like the one shown here for Chris Shavers, serve
as stark reminders of the human and social costs of
traffic collisions. They are plain, white
memorials -- placed at or near the site of a crash --
that simply say "a cyclist was killed here."
So what can we (and you) do to
help prevent the proliferation of ghost bikes?
Let's start with some film:
Florida,
over the past ten years, has maintained the highest
fatality rate for motorist/cyclist crashes in the United
States -- nearly 140 per year. In fact, one out of
every five cyclists killed in traffic crashes in the
U.S. meets his (or her) fate in Florida. Texas and
California maintain similar casualty rates, but still
come nowhere near the death rate in Florida. In
response to this issue, the Florida Bicycle Association
in cooperation with Florida County Sheriffs Association
sponsored the following training and outreach films to
show why law enforcement is important to cyclists, and
what can be done about it...
"Ride on By..." An
Introduction to Police Enforcement of Traffic Law for
Cyclists -- And Why It's Important.
Note: due to YouTube file size restrictions,
this video is split into two parts.)
Ride on By: Part II Promoting Safe Interactions
Between Motorists, Cyclists, and Pedestrians -- Law
Enforcement's Role in Motorist/Cyclist Education.
Note: due to YouTube file size restrictions,
this video is split into two parts.)
Understanding
Bicycle Law Enforcement:
Arkansas Code and Local Ordinances which Apply to
Bicyclists: This is an extract from the
Arkansas Code, Annotated, of 1987, which lists the state
traffic laws which apply to bicycling on the public
roads and streets of Arkansas. Certain cities have
enacted local ordinances which provide stricter rules
for bicyclists in those jurisdictions, and those
ordinances are collected and presented in this document
as well.
Some Key Issues for improving traffic enforcement in
central Arkansas:
Cyclists have the same legal
status and basic rights and responsibilities as the
operator of a motor vehicle.
Cyclists must be able to
exercise their reasonable judgment as to where it is
safe to operate on the roadway (i.e. outside the
door zone, avoiding debris, potholes and other
obstructions), explicitly including those situations
where it is appropriate to control the travel lane –
for example, when the travel lane is too narrow to
share with a motor vehicle.
There should be no additional
mandates on the part of the roadway a cyclist should
or should not use, or bans from public roads (with
the exception of limited access roadways where
alternative routes are available).
Motorists must be required to
pass a cyclist with a defined clearance distance
that reflects “due care”. This distance may increase
with higher speeds and motorists should be able to
cross the centerline of a roadway to facilitate this
safe passing (or be expected to wait until it is
safe to pass).
Penalties that establish a
true deterrent should be established for careless,
dangerous and reckless driving that causes injury or
death to a cyclist.
Deliberate harassment of
cyclists should be a specific offence.
Equipment rules affecting
lights, brakes, trailers and other attachments
should reflect current technology and reality –
helmets should not be mandatory; registration
programs are only appropriate for recovery of stolen
bikes.
Regulations governing the
smooth and safe flow of traffic should address
cyclists’ issues (e.g. cars should not be allowed to
stop or park in bike lanes) and reflect the unique
characteristics of bicyclists (i.e. allowing right
turn signal by extending the right arm). This latter
principle is particularly important when attempting
to define those situations situations where a
cyclist is considered to be “impeding traffic”.
Law enforcement officers must
understand these laws, know how to enforce them, and
apply them equitably to ensure public safety. There
are a limited number of training courses available
to help with this, as well as the League of American
Bicyclists' Traffic Skills 101 classes that can be
beneficial for law enforcement personnel.
Simple communication with law
enforcement is also key. Having the participation of
the police on the Bicycle-Friendly Community
committees or bicycle plan steering committee, for
example, helps increase awareness on both sides.
Similarly, having police officers on bikes helps
increase understanding of cyclists’ issues, even
though it isn’t done for purpose of traffic law
enforcement or bike safety.
We do not, and will not shy
away from the appropriate enforcement of traffic
laws on cyclists. There are a handful of critical
behaviors that contribute mightily to motor
vehicle/bicycle crashes and enforcement should play
a part in reducing wrong way riding (especially on
the sidewalk), running stop lights, and riding
without lights after dark.
One trend that we especially
like (found in other, more progressive cities) is
the increasing use by the court system of traffic
diversion programs. Cyclists and motorists who have
committed moving violations can be given a sentence
that includes attending classes that teach them
about traffic and cyclist safety – sometimes even a
modified Traffic Skills 101 class.
How to Pass a
Cyclist:
Under Arkansas law (A.C.A.
§ 27-40-216); “Traffic” means pedestrians, ridden
or herded animals, vehicles, streetcars, and other
conveyances, either singly or together, while using any
highway for purposes of travel.
Note: The section
of the Arkansas Code which addresses "impeding traffic"
(A.C.A. § 27-51-208(a) applies only to motor vehicles.
("No person shall drive a motor vehicle at such a
slow speed as to impede the normal and reasonable
movement
of traffic except when reduced speed is necessary.").
Case law (City
of Trotwood v. Seltz, 746 N.E.2d. 235 (Ct. App. 2
Dist 2000) has typically held that a bicycle which is
otherwise operating legally is not impeding traffic when
the rider is going as fast he he or she could reasonably
be expected to go. (Granted, this is from an Ohio
jurisdiction, but this case has been widely referred to
in other courts.)
As described in
the following video, Arkansas also has a 3-foot passing
rule, which requires that drivers passing bicycle
must pass only on the left, and leave at least 3 feet
space between the passing vehicle and the bicyclist:
Arkansas
Code, Ann. § 27-51-311. Overtaking a bicycle.
(a) The
driver of a motor vehicle overtaking a bicycle
proceeding in the same direction on a roadway shall
exercise due care and pass to the left at a safe
distance of not less than three (3) feet and shall
not again drive to the right side of the roadway
until safely clear of the overtaken bicycle. (b)(1) A person who violates this section
shall be subject to a fine not to exceed one hundred
dollars ($100).
(2)
A person who violates this section with the
violation resulting in a collision causing death
or serious physical injury to the person
operating the overtaken bicycle shall be subject
to a fine not to exceed one thousand dollars
($1000) in addition to any other penalties
prescribed by law.
Defusing Road Rage
Introduce yourself, and offer your hand to shake.
If you rolled through a stop sign, or did something
even remotely wrong, apologize.
If the motorist cites an incorrect belief about
traffic rules or laws, point it out, with empathy:
“Actually, it’s legal to
ride on the traffic lanes of the highways in this
state. But I know it can sometimes be frustrating
to wait to pass.”
State the bottom line: “It’s
extremely dangerous for cyclists (pedestrians) out
here when people lose their tempers. Two cars can
have a minor fender bender, but if you and I
collide, I could die. It’s not worth it for either
of us.”
Once you get these points across, cut off the
interaction to avoid further escalation.
“I have to go now. I hope that the next time we
meet it can be on much better terms.”
Bikes Belong in
Traffic.... (San
Francisco (CA) PD)
Many Arkansas
communities are seeing the advantage of deploying police
patrols as well as emergency medical technician (EMT)
response teams on bicycles. For more information
on these public safety cycling programs, as well as
bike-specific training for these officers, BACA strongly
endorses the programs offered by the International Police
Mountain Bike Association, or "IPMBA."
Enforcement from a long-time bike patrol officer's
perspective, courtesy of
IPMBA:
The Case for Bicycle Law
Enforcement
By Kirby Beck, PCI #002T/EMSCI
#017
Coon Rapids P.D. (MN)
Bike officers
are no strangers to bicycle
safety education. They are
frequently involved with rodeos,
classroom visits, and other
outreach efforts. They do their
best to teach kids and adults
how to handle bikes, and how to
operate safely in traffic.
Frequently, however, their
efforts are undermined by the
behavior of cyclists who operate
in violation of traffic laws and
the failure of police officers
to enforce those laws.
There are many reasons why
police officers do not enforce
the traffic laws with cyclists
to the same degree as they do
with motorists. It is rare to
encounter a police officer
stopping a cyclist to discuss a
violation. But the law is for
all, whether a person is driving
a car or a bicycle. All users
are subject to the same rules of
the road. When police officers
ignore cyclists who are
committing flagrant traffic
violations, they are not doing
their jobs. It is the
responsibility of police
officers, especially police
cyclists, to enforce the laws
that reinforce what they teach
in their bicycle safety
education programs.
The Traffic Safety Triangle
Past efforts to reduce the
number of bicycle crashes have
focused on what is known as the
Traffic Safety Triangle, a
three-part model involving Education,
Engineering, and
Enforcement. Education
typically involves teaching
young cyclists the rules of the
road in schools or at organized
bicycle rodeos. Engineering
involves the building of
bikeways or the widening of
roads to make the environment
more bike-friendly. The third
element, Enforcement, plays a
tremendously important role in
overall traffic safety. If
education and engineering are
effectively accomplished, but
no-one enforces the rules,
behavior rarely reflects safe
practices. Of the three elements
of the traffic safety triangle,
bicycle traffic enforcement has
the greatest potential to reduce
car/bike crashes and save lives.
Police are already typically
involved in bicycle safety
education, so why shouldn't bike
officers become more involved in
bicycle traffic enforcement?
After all, the two go
hand-in-hand. Enforcement must
support the safety message and
rules that are being taught.
Education is rarely effective
alone. If it were, there would
be less demand for a police
force. When it comes to the
safety message, the power of
enforcement is the
reinforcement.
Enforcement might contribute to
the following desirable
outcomes:
- Voluntary compliance with the
traffic laws.
- Identification and correction
of violators and repeat
violators.
- Reduction in the number of
car/bike crashes.
- Reduction in the number of
injuries and deaths resulting
from these crashes.
- Positive behavioral change in
the community.
- Reduction in the over $1,000
per year per person spent in the
US as a result of these crashes.
The focus of any bicycle
enforcement program should be
educational, not punitive. A
successful enforcement program
should improve a cyclist's
knowledge and attitudes, and,
most importantly, behavior. A
good program also educates the
motoring public concerning their
rights and responsibilities when
sharing the road with
bicyclists.
Types of Enforcement
Not all enforcement involves
giving tickets. Enforcement, or
reinforcement, can take several
forms:
- Citations or arrest
- Verbal warning
- Written warning or
notification of parents
- Positive reinforcement (free
food coupons, department
trinkets, etc.)
Penalties can include:
- Fines
- Community service
- Mandatory participation in
local education programs
- Life in prison (Just
checking to see how closely you
are reading!)
Why Don't
the Police Enforce Bicycle Laws?
The answer is simple: very few
police officers receive training
or encouragement to enforce bike
laws. It typically is not part
of the law enforcement paradigm
- nobody ever saw Reed and
Malloy of Adam 12 stop a kid for
riding on the wrong side of the
street!
When asked the above question, a
group of officers from around
the country came up with the
following answers, which no
doubt sound familiar to most of
you reading this article:
Peer pressure:
"Bike laws aren't real crime.
We're crime fighters, and these
laws aren't important enough to
waste time on."
Social pressure, or
questions from the public:
"Why aren't you out catching
robbers or burglars?" "Haven't
you got something better to do?"
Police administration:
"Not a departmental priority."
"My chief doesn't want me out
stopping bikes."
Prosecutor/state's
attorney: "My calendar
is crammed and you bring me
this?! This matter is too
petty."
Courts: Same as
the reasons given by
prosecutors, who may be
repeating what they were told by
the judges.
Fines: The fines
are either too high or too low.
Time: "I don't
have time for trivial matters."
"I only have time for 'real'
crime."
Memories of childhood:
"Police never stopped me on my
bike when I was a kid." "That's
not what police officers do."
Communicating with
children: "I'm not
comfortable talking to kids, I
don't even like kids." "I don't
want to scare them or make them
cry. That would project a bad
image of the police."
Waiting for the "Big One":
"If I tie myself up on this
petty stuff, I won't be clear to
back up my partner or respond to
a robbery or other emergency."
They're only hurting
themselves: "If they
want to bike like that, they
will only hurt themselves if
they get run over." "Stupid,
careless people get what they
deserve."
Why the Police
Should Enforce Bicycle Laws
Peer pressure: This just may be
the hardest to overcome. Few
police view bicycle enforcement
as a part of the role of police
officers...it just doesn't fit
the image of the job. Few
officers know, or care, that
enforcement is a powerful tool
for preventing crashes, injuries
and deaths. Nor do they realize
they are helping shape the
driving habits of future
drivers.
Social pressure:
"Why aren't you catching
burglars?" What officer on the
job more than three weeks has
never heard that before? Do you
cease your other enforcement
activities when you hear it?
Name one other program designed
to protect children and older
adults that has been opposed by
the community. What officer has
never received a complaint about
those "crazy bicyclists" who
disregard red lights, race down
sidewalks, and endanger
themselves and others? If the
police don't enforce bicycle
laws, who will?
Police administration:
Have you actually heard your
Chief or Commander say they
don't want pedestrian or bike
enforcement, or are you just
assuming it because it has never
been mentioned? While there are
no doubt some special
exceptions, are you absolutely
sure they don't want you
enforcing these laws? Chiefs and
commanders are as affected by
the same stereotypes of the
police role as most officers.
They require education. Chiefs
are swayed by public opinion. If
the community demands it, the
Chief usually wants it, too.
State's
attorney/prosecutor: Do
you agree with every decision
your prosecutor makes? Do you
quit doing your job simply
because the prosecutor doesn't
want to do his or hers?
Enforcement does not have to
involve the attorney; it can
involve written or verbal
warnings, impoundment of
unlicensed bikes, etc.
Courts: The same
reasons apply here. Consider
this - judges and prosecutors
can be swayed by a vocal
minority of reasonable,
knowledgeable people, as MADD
has shown. Believe it or not,
serious cyclists, like those
found in bike clubs, want the
police to enforce bike laws!
Fines: Fines are
usually lower than those issued
for motor vehicle drivers for
the same offense. Pedestrian and
bicycle violations rarely go on
driving records. Do fine
schedules ever make all police
officers happy?
Time: Do you have
time for other self-initiated
traffic enforcement? Some
departments are so busy that
they don't, but those same
departments often have traffic
divisions which do. Do you have
time to write more important
violations like expired
registration stickers, parking
violations, and equipment
violations? Do these "more
important" violations have the
potential to prevent a crash or
save a life...or do they simply
fit the stereotype of what a
police officer does?
Memories of childhood:
Perhaps that is why you ended up
in the hospital, or, at least,
in trouble with your parents.
Communicating with
children: What you
remember from your childhood has
a name - history! Police
equipment, technology and
philosophies are different
today. When most officers were
children, they rarely saw police
officers in school. Today it is
commonplace. How much of the job
of a police officer already
entails dealing with juveniles?
Do you refuse calls or other
activities because they involve
kids?
Waiting for the "Big One":
What officer has never cleared a
traffic stop when an emergency
came out? Figuring out how to
clear is rarely a problem! If
you hold this attitude, you
probably do not engage in any
self-initiated activity. If you
prefer to wait for emergencies,
perhaps you should have joined
the Fire Department instead.
They're only hurting
themselves: Physically,
perhaps, but not emotionally,
civilly or financially. Even
error-free drivers often suffer
stress, anxiety, and guilt for
years as a result of one of
these crashes, especially if it
is a fatal one involving a
child. Some never recover fully.
And even error-free drivers can
be sued and forced to deal with
months or years of legal
proceedings. The financial cost
can be draining. And have you
ever had to make a death
notification to the parent of a
child killed in a traffic crash?
Remember that the next time you
think, "but they only hurt
themselves!"
Increasing
Bicycle Enforcement
Increasing enforcement of
traffic laws for bicyclists
requires a change of attitude by
police officers on the street as
well as administrators. This
type of change can be effected
through training, experience, a
re-definition of department
goals, and modeling.
What Does it
Take to Shift a Mindset?
Time: Time spent in
training; time spent in basic
academy and field training
trying to break old stereotypes,
in-service training in roll
calls, or special training.
Money: Money spent in
training or for special
enforcement efforts, such as
overtime for officers on bike
enforcement detail in problem
areas.
Significant emotional event
(SEE): Exposure to or
involvement in an incident such
as a fatal accident, or one that
involves participants who remind
the officer of his or her
children, parents, or other
loved ones. Some officers
experience a SEE when they work
a crash and realize that their
kids frequently engage in the
type of unsafe or illegal
behavior that resulted in the
crash. This type of event tends
to bring about the most powerful
and lasting attitude change.
Administrative prioritization
and support: By placing
bicycle enforcement on the
agenda as a priority,
administrators can send a
message to the whole department,
from recruits in the academy to
the street-level supervisors and
line officers. Administrators
must make it clear to the line
supervision that officers are
expected to produce in this
area. Certain officers will
participate if for no other
reason than it is something that
the Boss wants done.
A positive example set by
veteran officers: These
officers are responsible both
directly and indirectly for the
attitudes of new officers.
Regardless of what they were
taught in the academy, new
officers will imitate and seek
approval from the vets. Getting
two or three of the respected
vets to stop pedestrian or bike
violators will give the new
officers, and even some of the
"fence sitters," the idea that
good cops can enforce these
laws, too, and that they won't
be "less of a cop" because they
do.
Spin-offs: Bicyclists who
break traffic laws often violate
other laws as well. Officers
stopping these individuals often
report making arrests for
warrants, drugs, stolen bikes,
and minor or public consumption.
In urban areas, many drug
couriers use bikes to elude
police or avoid vehicle
forfeiture.
Targeted
Violations or Behaviors
Based on numerous studies of
car/bike crash reports, it has
been determined that the
following bicyclist violations -
especially when committed by
children - account for the
majority of car/bike crashes. By
concentrating on reducing these
types of violations, nearly 90%
of the motorist/bike injuries
can be prevented, and numerous
lives saved.
- No headlight/reflector at
night
- Wrong-way riding (riding
against traffic)
- Disobeying traffic control
device or sign
- Failure to yield right of way
(e.g., driveways and alleys)
- Improper change of course
(e.g., unexpected left turn)
Bicycle
Enforcement Program Start-up
Strategies
Ideally, bike enforcement should
be a normal, everyday activity.
More than likely, however, it
will be something new to the
department. A new enforcement
program is not guaranteed to be
successful or effective simply
because it is new. The chances
for success and effectiveness
can be greatly improved by
employing certain strategies
prior to beginning a new
enforcement program. Departments
around the country who have
successfully implemented bicycle
enforcement programs offer the
following advice.
Administration: Get the
administration behind the
program. A program will go more
smoothly if everyone knows that
it has the Chief's blessing and
that the line supervisors are
prepared to support it.
Program Coordinator: The
coordinator must want the
program to work. Nothing kills a
program faster than a
coordinator who doesn't care.
Select an officer who is a
self-starter and highly
motivated to make the program
succeed.
Courts and Prosecutor:
Beginning a program that is
likely to bring many new
juveniles into the system may
meet with disaster if it does
not have the support of the
courts and prosecutors. Meet
with them and solicit their
input in those areas that will
affect them, such as the cut-off
age for court and attendance
requirements for safety seminar
attendance. By seeking their
input, you may also earn their
endorsement.
Policy and Procedure:
Print up citation books, obtain
safety materials, develop form
letters, and establish
record-keeping procedures before
starting enforcement. Guidelines
and procedures for violator
seminar attendance, enforcement,
bicycle impoundment, and so on
must be established from the
start.
Education: It is
essential to educate the
administration and the
supervisors as well as the line
officers doing the enforcement.
Education must also include the
public. A variety of avenues are
open for exploration, including
the media, schools,
parent-teacher organizations,
civic groups, city newsletters,
water bill stuffers, local cable
TV, town bulletin boards, etc.
Media: Don't surprise the
public with this new campaign.
Let the members of your
community know what is about to
happen and why. Explain the
targeted violations and
encourage voluntary compliance.
The public will be very
supportive if they perceive that
they are partners in the effort,
not victims, and if the program
is run fairly and consistently.
In order to ensure the
effectiveness of the bike safety
message, police officers in
general, and bike officers in
particular, have an obligation
to enforce the "rules of the
road" to bicyclists and
motorists alike. Education must
be reinforced by enforcement of
bicycle laws. Police cyclists
have an even greater
responsibility than the average
officer to stop errant cyclists.
By neglecting this
responsibility, we may reinforce
the negative view many motorists
have of cyclists, and make our
own jobs more dangerous.
However, by viewing enforcement
as part of bicycle safety
education, we may save a life,
and that life may be our own.
