Fine Lines and Smart Riding

Lots of Motorists Think a Cyclist Ought to be Riding on THIS Shoulder
I Disagree, Even Though SOME of the Motorists in Question Were Police
Still, What Would A Motorist Jury Say? The Road
DOES Have a Single Traffic Lane and "No Passing" Stripes
Technically, Any Overtaking Traffic Has No Legal Way to Pass a Cyclist
That is Controlling the Lane.
As I Read the Law, This is MY Call and I Favor the Traffic Lane Here
I Rarely Ride this Road Nowadays. Instead, I Ride a Busy 6 Lane Road With NO Shoulder

Doohickie weighed in on the ChipSeal arrests. Mostly, I agree with Doohickie's analysis, which he obviously thought through very carefully. My own comment was brief. Both are here.

HOWEVER, true to my promise, here's my boring blog post in lieu of my boring blog comment.

Doohickie missed one major element. In all the laws cited, there is the element of choice and cyclist judgment. In truth, in the real world, there are places where a cyclist truly WOULD be a fool to attempt to vehicularly operate in the right hand traffic lane. Two examples should illustrate that point.

Example one. Cyclist rides down I-635, in the RH traffic lane, headed toward downtown Dallas shortly before traffic bogs down into stop and go. I drove that road in the Land Rover when I went to meet Keri Caffrey last year and it was stressful in a vehicle that'd crush most the other motorists if it came to a real crash. Example two. Cyclist rides down I-5, in the RH traffic lane, in the San Joaquin Valley of California, with foggy conditions, in marginal visibility. This is an area where 40 car crashes are not uncommon. While I won't go into details, John Forester emphasizes this point with another example in which he was truly frightened on a road with no shoulder due to the combination of speed and volume of the motor traffic.

OTOH, it's easy to cite examples where almost nobody would quarrel with a cyclist riding assertively in almost any position he/she chose. Anybody wants, I'll do another post citing a dozen such examples. In the Chip case, the first arresting officer actually stated that he felt Chip would NOT be impeding in the part of 287 that lacked a shoulder. That surprised Chip and I was also surprised by this since any real delay experienced by motorists was identical regardless of any shoulder or not, but it IS consistent with Doohickie's analysis.

In between these extremes, there is a boundary. I belive it's why all those laws that Doohickie cites say "may" and "necessary" and so on. I'm pretty sure my boundary, when riding is more aggressive than Doohickie's and not as aggressive as ChipSeal's. I think all three of our boundaries are more aggressive than what a typical motorist would expect. That variance in opinion is really why ChipSeal is in the cross-hairs of the local law enforcement community. None of them are bicycle cops. They drive patrol cars and that is their perspective.

What Doohickie missed in his evaluation, in my opinion, is that extremely wide discretion should be left to the one most affected by that boundary. That one is the cyclist making the call. While overtaking motorists are also endangered in theory, with modern safety equipment in cars, mostly the news story reads that "the motorist was unhurt." THAT is something I'm not convinced that the jury sitting in judgment fully weighed. If Chip makes the wrong call, it is HIS butt that gets mashed. The motorist has to take his car to a collision repair center. Absent evidence of insanity, I'll vote for the one on the line unless he's gotten to the point of the extreme examples where no reasonable person would go. Still, if a seasoned cyclist such as Practical Pragmatist tells me he routinely rides down the RH traffic lane on I-5 in the fog near Bakersfield, I'd like to hear details. IMHO, I think he, and pretty much every other cyclist (including Chip), agree there's some combination of heavy traffic and high speed that makes a bicycle in even the RH traffic lane a danger. The rub is there isn't a consensus as to where that boundary lies, and there's almost NO serious real safety data. Lots of expert opinions, but opinions are like armpits. People that don't ride think the boundary is FAR from where an experienced cyclist believes. Most cyclists are aware that if they get squished, the law will usually go out of its way to not call the other party into criminal proceedings unless things are pretty obvious. Chip knows this as much as any other cyclist that's ridden a lot. In truth, our real safety lies in the societal taboo against deliberate and premeditated mayhem against a stranger. If I get run over by a car, it'll most likely be my wife or one of my engineers at the wheel. I've told my engineers that if they want to run me over, they better make a clean job of it or else their performance reviews will be real ugly thereafter. Luckily, my wife is wonderful, though she did get a little irritated tonight when I kept interrupting the Olympics. I COULD think of this post as a safety measure. Why is it that women get irritated when we don't talk to them and then get even MORE irritated when we do?

Today, I polled my Aggie engineers about the wide improved shoulder, often known locally as the "Aggie Passing Lane." They all said that the decision about whether to pull onto that "lane" resided with the one being overtaken and should not be criticized absent obvious cussedness.

Was ChipSeal obviously cussed? Not having had to ride down 287 myself, I'd vote "no," but I'm obviously not a typical juror. As I told Chip while the jury was out, I wanted him charged for failure to signal his intent properly before he pulled off onto the shoulder. GUILTY OF SLOPPY SIGNALING! No appeal would be made. Perhaps Whareagle has turned me into a bike signal fanatic.

Only a Real Neanderthal, or Bubba's Regressive Brother Would Harass a Cyclist Riding Down

the Middle of THIS RH Lane. Riding in This Position, Cops Give Me a Friendly Wave Even if They are Feeling Crabby

Someone Riding Point-to-Point Has to Take All Types of Roads. Every Situation is Different

Looking Back Looking Forward

The Defense Attorney in Person

Looking Back

There's been a lot going on. It seems like an eternity ago that North Texas was covered in record snowfall, but it was just last Friday. That, however, is last week's news. This week, ChipSeal went to trial in the City of Ennis and was convicted on three counts of impeding traffic by a jury of his peers. The jury assessed fines as noted in the "High Noon" comments. The two hour trial was painful to watch, and I need to write notes in this brief period when the memory is fresh, but passion has abated. PM Summer was present, but as a witness, he mainly heard what went on in the hall outside the courtroom. Y'all can read comments from the previous post to pick up many of the considerations, but I would not advise any of my readers to take a bike case to a jury trial. I will publish a summary of the proceedings derived from my notes as soon as possible. I will attempt to distill the main facts and keep my personal opinions out of the account.

There are three points I will add here and now that have not been clearly noted noted in the comments.

First, this was a case in which the City of Ennis not only had the two arresting officers present, but also one of the supervisors AND the City Police Chief. I have not attended other Ennis traffic court cases, but I suspect that if you are picked up for speeding, you won't have the Chief present at your trial.

A second point to note is that none of the officers has ever cited cyclists in Ennis before, other than for things like shooting off a sidewalk and through a red light. You know, the usual bicycle dopey acts. As far as I could tell, none of the participants in the trial (other than Chip and his witness) were familiar with bicycle law, which should not be a surprise given it's a small part of the law enforcement picture in Ennis. ChipSeal might as well have been from Mars.

Third, while some might question Chip's wisdom to act as his own attorney, he was well versed on the applicable laws and attempted to argue them coherently. The court was not inclined to allow evidence from jurisdictions outside Texas. Even the excellent video from the kind folks at CommuteOrlando was accompanied by instructions to the jury that this was the way things were seen in another jurisdiction that they could consider and weigh as they saw fit.

Oldfool, perhaps said it best, though I think the "different" aspects are the biggest factors. Last night I felt pretty down. I drove to work today, even though the weather was fairly nice. Now, I'm at least past wanting to just sell Buddy.

Looking Forward - Plan for the Worst and Hope for the Best
First things first. ChipSeal's Ennis trial was crimped by his considerations. If you are unemployed and in modest circumstances, hiring an attorney is a difficult step to take. If your circumstances are modest enough that you can't afford a cell phone and you've lost your internet, that step gets more difficult. Being car free and getting ticketed while trying to do daily life slows things down even more. It's also tough to even know what others are up to that might be relevant. A measure of the man is that he is determined to carry forward with an appeal, even if he has to act as his own attorney again. I hope that PM Summer and I talked a little sense into the man. Our advice (I hope PM will comment if I misstate his view), was essentially "don't worry about cyclist rights and all that, the cyclists can figure that stuff out themselves and a lot of them are pretty smart. YOUR task is to obtain acquittals. Shut up and accept help graciously." He is now in contact with an attorney and has a disposable cell phone that we suggested he keep fairly private. I imagine added details will unfold as the story develops.

This is NOT just a simple lost case. Chip has at least one ADDITIONAL trial on the exact same subject. Different jurisdiction - Ellis County. This is the case where he was originally ticketed for "riding a bicycle on the road." And that will happen before any serious appeal action occurs on the Ennis City cases. Chip has the unique, if unenviable opportunity to get "do overs." We did advise him to take some added detours in the near term because everything was quite complicated enough already. I'm nearly as confused at all this as you are!

That being said, if anybody has tips on where Chip can find employment, suggestions would be VERY welcome and I'd be happy to pass suggestions on, but it might be better to cut out the non-value-added middleman. He is also able via public internet, to check his own blog and that'd be a good way to get word to him. If I were in a position to hire, I'd strongly consider someone with the dedication and drive this gentleman possesses.

I think there are AT LEAST a couple of people working on figuring out how people can contribute to this case if they wish. I'm not very savvy on Paypal and such (beyond how to buy stuff with it on eBay), so I'll leave the details to them. Since I live only a couple of counties away, I have the option of writing a check. In some ways I'm old fashioned. I have no idea how much a successful legal adventure such as this might cost, but I imagine it might not be trivial. Still, I can do without new bike stuff a lot easier than I can do with the thought that I might be tossed  into the hoosegow because someone doesn't think I should be riding somewhere I myself know from training and experience is safe.
 
Going a bit further, I read of thoughts of demonstrations and boycotts. Myself, I do not favor such things, and particularly not while the justice wheels are turning. Cyclist groups that interact with Ennis are more valuable as allies then as targets. They represent local contacts and knowledge which is badly needed. In a small town, knowing the players is important. Similarly, larger cycling organizations should be viewed in the same light. Up until now, and even at this point, this is a small, local case. Cycling groups, however, REGARDLESS of differences, have a common interest in not seeing legal cyclists become targets for law enforcement and further marginalized. I don't concern myself with credit, and I'd be thrilled to see these groups enter the fight productively in any way they can. Myself, I just want to be able to go, point-to-point, where I want to go in a safe and legal fashion. I know at least one gentleman who is working hard to build bridges within the cycling community instead of walls on this. We really DO have more in common than sometimes appears to be the case.
 
Brief Rant
While I'm concerned about cycling issues, I don't have to ride a bike, and I know how to ride on shoulders and sidewalks safer than most that ride bikes in any event. I can always drive to the gym, and if gas gets so expensive nobody can drive, I won't have to worry about those being cycling issues anymore. Personally, I don't even agree with all of Chip's theories on riding specifics. What really gets my goat is I don't like seeing someone get targeted by the government because he is "different" and maybe "menacing and dangerous somehow" because of that. THAT pisses me off. Maybe I took too many US History classes when I was growing up. Insert your own favorite "founding fathers" quote here.
 
I Haven't Forgotton
I still plan to do my post on the far, extreme fringe of cycling. A subject so obscure that I never knew of it until just a couple of weeks ago, though I have cycled for nearly 50 years. A subject so obscure that even John Forester left it out of his book. At the same time, this cycling cult is open to view by anyone Googling one simple word. It turns out there are even magazines (well, at least ezines) devoted to the subject. Discovered courtesy of "The Lowest Gear."

 

My Street Last Friday - Seems Like it Was YEARS Ago!

Steve Does Principles

This blog is not about the proper role of cycling in society, nor about whether we’d be better off with bike lanes or bike freeways, banning cars or whatever, nor about the finer points of cycling “culture.” If I write about Seattle, it’s when I GO there and ride. It isn’t about cycling law, except how it affects my riding in a given situation. There are lots of blogs that talk about these topics. This blog is here to talk about the practical and fun aspects of riding around, from point-to-point. At the risk of getting onto a slippery slope, I’m making a temporary exception today. Stay away or read on depending on your feelings on the subject.

People on bikes routinely get away with running traffic signs & signals, riding the wrong way, scaring pedestrians on sidewalks, and so on. It hurts me to see it. Motorists doing the same would be quickly brought to account. Motorists are keenly aware and resentful of this bike scofflawery. It fosters a mindset that even lawfully operated bikes don’t belong on the road as part of traffic, that statutory exceptions to “Far to the Right” law don’t count, that roads are "for cars," and that bikes are only for recreation, for play, and for children. Prosecutions for lawful bike operation are very serious when viewed from a cycling standpoint, but are often regarded as “more spandex whining” by the general public.

This is illustrated by an anonymous commenter on ChipSeal’s blog, I wasn’t in Ennis. I’ve never seen ChipSeal ride, I don’t have “Judge” in front of my name, but I HAVE had polite police invent imaginary laws to get me “out of the way,” so I’m not inclined to conclude Chip was actually doing anything wrong. I believe the police officer was acting in good faith, but he’s probably had little or no specialized training about bike law, safety, duties & rights. It’s doubly unlikely he ever had formal education on how to safely ride a bike on the road. Had Chip been riding at night without lights or running a stoplight, it’d be totally different – at least in my mind. Those don’t touch on fundamental cycling rights, the way a case like Chip’s might. Fred_dot_u had a similar situation he reported on CommuteOrlando. Fortunately, Fred won his case. Other cases appear from time to time. Cyclists do NOT win all of them. It’s why cycling is illegal on the road in Hunter’s Creek Village Texas.

I was brought up to believe one should oppose injustice, whether big or small, and that the accused are presumed innocent until found guilty. “Anonymous” might do well to remember those principles. They’re foundations that distinguish our country from a banana republic. It’s not “use the law against those that are irritating or inconvenient, even if you have to twist it around or ignore parts of it to do so.” It’s the RULE OF LAW. You don’t like the law, get it changed. With the proper steps, bicycles could be made more illegal in the US than Afghan heroin. Our State and Federal Constitutions govern those steps, and they’re not documents to be arbitrarily twisted either.

As a transportation cyclist, I prefer laws that don’t restrict me from traveling according to the rules of the road. All evidence is that's the safest way to ride. That biases me towards ChipSeal. I don’t need special protection. I need the RULE OF LAW. I’d prefer laws that don’t actively discriminate against me, but what we’ve got works. I don’t want motorists excused for running down cyclists after failing to exercise due care. I don’t want cyclists given a pass as if they were overgrown children. BEHAVE AS A VEHICLE AND GET TREATED LIKE A VEHICLE.

Now, back to our regular programming. Once in a rare while, all of us feel a need for a rant.

PS: You're right - I drove to work today so I'm moving towards "bike culture" instead of "Star Wars on bikes." This rain has got to let up. I've only ridden to work once this whole week...

Historic Waxahachie

Ellis County Courthouse

Today, I got to visit historic Waxahachie. Waxahachie is the County Seat of Ellis County, which also contains Ennis. Coincidentally, they were running the Cow Creek Country Classic cycling event, so there were lots of cyclists riding about. I think we were somewhere near the finish because there weren't big packs proceeding down the streets at breakneck speed. While I didn't observe any cyclists stopping at stop signs in town, I DID see one signal a turn, and I saw a couple more slow down slightly. However, I was on a different mission. Whareagle, my daughter, Abbey A, and Lee Wiltsey were with me on a mission to spring ChipSeal from jail and turn him loose once again on an unsuspecting public. We figured that eighteen days in the hoosegow was more than enough to allow him to cool his heels, and it was time to get him off the taxpayers' nickel.

It was an unusual day in many ways. While very warm, it was comfortable out due to a good breeze. It was also unusual in that Whareagle got dehydrated and had to get an IV, and Bicycle Bill got a helicopter ride to Dallas due to a blood clot. Perhaps they ought to reread my embolism post. Fortunately, I believe that both are doing well, though I suspect Bill is getting first-hand experience with drugs such as Lovenox and Warfarin. I hope he will add to our collective wisdom on the subject when they let him escape from the hospital. I think he's adding to his Facebook on the subject, and we did wave at Baylor Dallas when we were on our way home. Our prayers are with him. I expect they'll want to keep a close eye on him for a couple of days at least.

Anyway, we rolled in to Waxahachie just after noon, right about the same time that Whareagle got all the IV stuff out of his arm. This gave us an opportunity to sample the finer points of the Ellis County Jail, which is just a block away from the courthouse; built in 1895. I'd never seen either before and I have to say the courthouse is a great late Victorian building that is as nice as the Tarrant County courthouse in its own way. Kudos to Ellis County for keeping it properly.

In the jail waiting area, there were many historic photographs, and some that were simply humorous. Amongst the historic items were stories of the Ellis County law enforcement officers that fell in the line of duty through the years, and of the Marshall/Sheriffs (early Sheriffs were Marshalls and a few other name changes were made for the chief kahunas).

THIS Wall was Actually Across the Street at the Bail Bond Place

Conveniently, Those Places Have ATM Machines

Also interesting was a display case that showed how jail prisoners use contraband to create artistic items during their extensive free time. For example, soap makes dandy dominos and bed sheets make perfect canvas for drawings. We had lots of time to look at all the displays, but they made that time pass a little faster.

Some of the Prisoner "Contraband Art" Clearly Had a Lot of Time and Effort Lavished on it

After we paid the bail to get ChipSeal sprung, Lee got a little impatient, or so it appears in the photo below. My daughter reminded him there wasn't enough money to bail anyone else out, so we retired outside to await the return of the annoying cyclist. In truth, we staged that photo, but we were past being ready for our "person of interest" to appear.

This is Where the Prisoners Re-Enter the Free World

Finally, at 4:15, he emerged from the squad car tunnel into the sunlight. The man himself uttered as his first words in freedom: "Let me have some vitamin D!" While not quite in the same class as "Don't fire until you see the whites of their eyes," it was sincere.

Happy Campers! ChipSeal at Left and Lee Wiltsey at Right

LATEST AND GREATEST

It appears that Chip's trial for various and sundry cycling charges will occur on July 29th at the Courthouse in Waxahachie. As I recall, this will be a day/morning event rather than the night court that occurred in Ennis. I trust that added details will be forthcoming well in advance of that.

Cyclist Choice

Here and here, I talked about parking lots that I ride through on my route from home to work. With the ChipSeal Highway 287 thing, I’ll reveal that, at least one place along my route to work, I usually ride on a shoulder. What’s more, I’m not ashamed to admit it. I even discussed it with Chip, and I came away convinced he supports my right to ride on it in accordance with Texas Law. Actually, now that I think about it, given my current route to work, I could sound more dramatic to simply state that, on my route to work; I ride the shoulder at every possible opportunity. More to the point, just as Chip does on his rides, I make the choices that work in my riding circumstances, and I'd rather not be second guessed by others. It is my butt on the saddle.

In the photo, you can see the shoulder I ride on. It’s the only shoulder actually ON my 20 mile route to work (which is why I can say I ride on it at every opportunity). It is the shoulder of the northbound I-35W Service Road between Cabela’s and Westport Parkway, near Fort Worth Alliance Airport. It exists because there is a “right turn only” lane behind the photographer; facilitating entry into Cabela’s. In addition, a couple hundred yards back up the hill, there is a four way stop, so traffic coming down the hill is unlikely to drift onto that shoulder, having been woken up by the stop sign and the right turn lane. The stop also results in a debris-free shoulder. What’s more, the shoulder turns into a third traffic lane well before Westport. There are no driveways or crossing traffic anywhere. Off to the right is a large buffalo pasture. Anyway, there is little danger, whether I ride on the shoulder, or the right hand traffic lane. The left hand traffic lane is more hazardous (it would actually be legal for me to ride there since I’m usually the only one on this road), because traffic exiting I-35W can be merging into it at a high rate of speed. Anyway, my usual sequence is to turn right from Cabela’s, coast down the hill on the shoulder, making a head check shortly before the shoulder disappears into the new right lane. Shortly thereafter, I move left into the rightmost of the two hand left turn lanes as I approach Westport. I delay the leftward move until I can be sure I will not be endangered by people exiting I-35W. While it may seem odd, this overtaking traffic actually has the right of way over those they overtake. Some places emphasize this by posting “Yield to Ramp” signs. Basically, I treat the shoulder as just another traffic lane. Except on the rare occasions when trucks are parked on the shoulder, there is no discernable safety or other advantage to me to ride in that right hand traffic lane. On the other hand, I can’t imagine anyone would be terribly upset to actually see me riding in that right hand traffic lane, because I rarely see motorists in ANY of the lanes other than those exiting from I-35W. By the time those motorists see me; I am usually in the middle lane, looking left, and waiting for the ramp traffic to sweep by before changing into that left turn lane. This is a location I use extra caution with my left turn signal, because I do not want a motorist, flying down that ramp, to alter his/her course or actions. I flip the left turn signal out ONLY after the motorist has committed to an intended course of action (left, straight, right). Then we communicate so each of us get where we want to go with no fuss or muss.

Yes, I agree that riding shoulders is not something that is wise in the abstract, but like many "all or nothing" positions, I think the best policy really depends on circumstances. What's more, I believe the Texas Legislature agrees with me, which is why they used "may" in their wording about cyclists and shoulders. Some cop wants to charge reckless driving against ChipSeal for NOT using the shoulder. I'll oppose that strongly, and some might claim I oppose it beyond any rational point. Some ideologue that wants to attack me FOR using the shoulder, I'll oppose that too. Either way, I want to hear the facts and data that say why I am wrong, and they are right. This is a country that was purposely set up to support minorities and avoid extremes. I like that. And THAT is part of the point of THIS post. Yeah, I DO stand with Chip, and I think he stands with me as well.

Cheesing on ChipSeal!

Somewhat puckishly, ChipSeal inquires: "Hey Steve, Should I wear my earphones to Traffic Skills 101?"

I replied: "Yes, but keep them hidden!"

I must confess that even I have curiosity about how Chip does making emergency stops.

Details here. If I get the chance, I need to take the road bike for a shakedown cruise anyway and will be sure to take photographic equipment along...

NOTE TO GAIL: Search the guy!

It Starts With the Law

I've seen some posts about ChipSeal's experiences with the Law in Ellis County, Texas. It's not just Ellis County. In the "Daily Breeze," my favorite newspaper when I lived in Redondo Beach, I see cyclists asking for protection against the police, in this case, the LAPD instead of the Ellis County Sheriff. It is not a proper function of the government to protect the majority against the minority. It is rather to ensure that the majority does not use that status to crush a minority. The police should never forget that, and I know that many police respect that obligation with great respect. But some are confused, perhaps not realizing that the law is what makes us great. Otherwise, we cease to be a society of law. Luckily, for me, most police in my area know this. Cyclists (not the people on bikes that are scum, salmon, ninja and such) should see the police as friends and protectors, not as instruments of oppression.

For those of you that think ChipSeal deserves the arrests, I think I'll recall a quote from Martin Niemöller:

First they came for the communists, and I did not speak out—because I was not a communist;

Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—because I was not a Jew;
Then they came for me—and there was no one left to speak out.

Maybe we DO need better advocates. I'm beyond not caring about a 3 foot passing law that doesn't affect me one way or the other. Now I want to see people I know ride safely (if not always exactly the way I'd ride - Chip's signals are a bit sloppy) not be prosecuted by the force of law. We might quibble about whether this is best practice, or polite, but we're talking about people being put in prison for not "getting out of the way." The standard is pretty far above what would be expected for a run-of-the mill motorist. And THAT is not "equal protection."

Where does this end? It's one thing to get harassed by rogue motorists. It's another thing entirely to be denied the right to travel by the government one is compelled to pay taxes to. I may or may not ride as Chip sees as the safest way for himself, but I've not ridden a mile in his pedals.

I like the moniker "LAW" a lot better than "LAW, DBA LAB." If I'm to be harassed, I'd rather have the law on my side than be the harasser.

This is serious. I paid my fair share towards these roads with the expectation that I could use them.

Stop and Smell the Roses

Red roses in Keller, Texas, November 3, 2009
No, there were no yellow Texas roses today

I was inspired this morning. Usually, my rides to and from work focus on speed (by my rather meager standards) rather than just getting off the bike and looking (or walking around). Well, at least other than sometimes stopping at Starbucks on the final leg of the trip home.

But I was inspired by a plethora of posts, at BikeSkirt, Let's Go Ride a Bike, and  Lovely Bicycle (strictly alphabetical). So I resolved to find somewhere to stop on the way home and walk around a little bit. I know that getting off a bike and actually walking IS, in theory, possible (actually, if you get a flat, it's more than just theory). Chandra, ChipSeal, and I did it on the BABBLE ride, though I must say that ChipSeal looked a little like a seal attempting mountain climbing.

Anyway, my head filled with possible titles for this post. "Pull Over to the Side of the Road and Walk Away From the Bicycle" was one favorite. "Just Stop Cycling" was another.

Good intentions aside, I quickly concluded this walking stuff was highly overrated compared with making time before sunset. Still, a little influence from the above referenced "stop and look around or go for a walk" posts remained when I saw roses right alongside my route. Yes, roses, in early November. Quite a few of them, as you can see in the photo. I'll bet they've got nothing like this nowadays up in the frozen north!

So, ladies & gentlemen, I might not have actually gotten off the bike and gone for a leisurely walk, but I DID stop. I may be a cycling addict, but redemption might just be possible for us all. Proof that I actually got OFF the bike, if only for an instant, may be found below...

Buddy at rest

PS: Take a good look at Buddy - its next photo will show it stripped down for play action. Cyclocross!

Contest - With a Prize - and now a WINNER!

Well, this is my very first contest. The quiz question is "What was that lovely yellow object part of before it left its home?" In case of a tie, the tiebreaker question is "In what jurisdiction was it found?" Extra credit if you can spell the object's name correctly.

Prize - You win the lovely yellow object. Shipping not included.

Rules - Doohickie and ChipSeal are NOT eligible, though either is welcome to the object if there is no legitimate winner, and either may post misleading comments. Addition on Friday - My daugher Abbey isn't eligible either. She's seen a picture of the object in its native home. Second addition on Friday, "erinbear51" is another one of my daughters and is now ineligible as well. She's been talking too long with Abbey...

Hint - For the particular object in question, neither ChipSeal's nor my horror stories are true. And no, I didn't hit it, though somebody else did.

Friday Hint added - These little devils remind me of barnacles for the road. In the interests of fairness, I also included an extra "secret hint" in my second comment here. Follow that link or your ears might drop off...

Saturday Hint added - Like barnacles, these little devils can be slippery when wet. Besides the attractive yellow, they frequently come in basic white. I've heard tell of blue ones, but I can't recollect actually having ever seen one of those.

Sunday Hint added - Some in Texas would regard these as "Infernal Yankee Contraptions," even though they've spread like Kudzu throughout Texas.

Monday Hint added - Clarification, for those with narrower definition of "Yankee," as in many "innovations," these have California roots. This precious item, in case you're really literal, has nothing whatsoever to do with the California Yellow Cab Company.

Check it out. Ranwick scored big time, missing only the opportunity to guess the jurisdiction. That was only a tiebreaker. FOR A REAL TREAT, SEE IT IN ITS NATIVE HABITAT HERE.

Blame it on ChipSeal

I don't feel like a teenager as often as I used to. My wife has made the case, not totally without basis, that I'm frozen at six years of age. She still gives me trouble over an incident when, many years ago, my Jaguar E-type died due to a wet distributor after I'd made repeated runs through mud puddles to see how big a splash I could make.
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While at Starbucks this morning, I replied to an email from ChipSeal that Frankenbike had been having fun with the puddles. That got me thinking back on growing up in Seattle. Kids used to make wooden hydroplanes and tow them behind their bikes. Not having wood and string at hand, I figured I could make REAL roostertails on the way home. After all, why have fenders if you don't get your money's worth? I also figured I could test out Big Oak's theory that rain riding washes all the dirt away (if that were true, everyone would have clean cars after it rains). I think it was compounded by a little nostalgia promped by the Durango Texas blog, here. I also contemplated trying a video - hydroplane roostertails are hard to catch in still photos, but the brief camera exposure to the weather quickly convinced me that I'd leave the wet weather videos to Rantwick; an expert on such things.
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Anyway, it was great fun, though I suggest avoiding the really DEEP puddles unless you want to get your feet sopping wet. As the signs on roads that cross creeks around here say, "Turn around, don't drown."
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This is a post that could have had a lot of alternate titles. A few include:

• "A Whole 'Nother Perspective on Gutter Riding"
• "Fenders, We Don't Need No Steekin' Fenders"
• "Gratuitous Arrows in These Pictures"
• " Must Scotchguard That Cycling Jacket"
• "Fenders are No Substitute for a Hull and Running Lights"
• "Tell Me Why I Took That Shower at the Gym Again?"
• "Love it When There's No Lightning!"
• "We're Professionals, Don't Try This at Home"
• "Bike Culture?"
• "There are No Distributors on Bikes"

Policy the Bike League Needs

Today's Search on the Bike League Blog for Cherokee Schill

For those of you that have followed this blog since, well, since almost its very beginning, you'll recall that occasionally cyclists get on the wrong side of the law even though they are riding in accord with the law and in accord with safe practices. Chipseal was a fairly dramatic case. I was a bit more fortunate in my own minor incident. Still, it happens a lot. Blackhawk, CO tried to ban bikes. Now, Cherokee Schill is being prosecuted in Kentucky. Unlike Chip, Cherokee has made a lot of videos along the way, and rather than provide my opinion that she's really not doing anything particularly dangerous, I suggest that those interested watch a few.

THIS post is only tangentially about any of these cases. The Bike League elected NOT to get involved in the Chipseal case and has been criticized for that. Any Clarke stated that Chip was "not sympathetic" or words to that effect. Bike Texas also declined any involvement. So far, as seen in the photo at the top, there's not been much from the Bike League about Cherokee, though top notch bike lawyer Steve Magas has been involved.

Clearly, it is well beyond the resources of the Bike League to participate in all or even many cases involving cyclists. HOWEVER, I think a formal policy and process would be something that would be wise. Deciding to either get involved or NOT based on personal judgments of League management strikes me as dicey. I imagine there are some good lawyers that the League could consult, and a solid basis could be put together for actions ranging from ignoring something all the way up to helping fund an action. Such a policy should be made public, and probably posted on the League website. People wishing to contribute to a League legal defense fund might then also have a route to do so, though it probably would NOT be tax deductible. I expect that expenditure of significant league funds on legal actions would require some sort of board action or membership petition and would not be very common. However, for the league to be silent, I think they should reread Martin Niemöller and make a public policy:

 

First they came for the communists, and I did not speak out—because I was not a communist;

Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—because I was not a Jew;
Then they came for me—and there was no one left to speak out.

Scarlet Pimpernel

ChipSeal is the Only One in "Scarlet" in This Photo

They seek him here.

They seek him there.

Those Frenchies seek him everywhere.

Is he in Heaven?

Or is he in Hell?

That damned, elusive, pimpernel.

We shall see what develops! I think, for better or worse, ChipSeal's got his plans laid, and let us hope for the better.

The jury selection will commence at 5:30 PM Tuesday February 16, and the trial will be held immediately following.
The courtroom will be inside this building near the corner of Dallas Street and Brown Street in downtown Ennis. From I-45 go west from exit 251 on Ennis Avenue. Turn left at the second streetlight after you cross the railroad tracks. It's across the street from the Brown Street Cafe.

ChipSeal News

Ennis City Hall Still Contains the Original Jail

Other than this, it is a VERY Attractive Building

Heard from ChipSeal - he promises that he will have a dedicated account set up PDQ, for those that wish to help defray legal expenses, as he fights four counts (well, actually three counts - nobody is sure exactly WHAT the charge is in the fourth case, but it doesn't look like it'll actually carry jail time) of "impeding traffic" by riding in the road rather than off the road.

Also heard from the same. Apparently all the appeal paperwork and bond and such have been properly filed.

Question not asked, but it was my impression the annoying cyclist was in good spirits. He assured me his signaling has improved considerably lately. Perhaps there's hope for him yet!

Daily Violation

Andy Cline, over at Carbon Trace, is opposed to a proposed three foot passing law in Missouri that cycling advocates there are fighting for mightily. They fought long and hard here in Texas for a similar law, before Governor Rick Perry vetoed it. Texas Bike Coalition has a petition castigating him for that veto. If you want, you can go here and sign it. If you look, you will not find my signature. In my opinion, such laws are irrelevant and a waste of advocacy resources. Unlike Andy Cline, and Cycle*Dallas, however, I merely roll my eyes and yawn at such nonsensical "feelgood" stuff. Any advocates I back will do something REAL.

HOWEVER, I can name a bunch of legislation that WOULD make my life easier, and would have made Chip's a whole lot clearer. Here are THREE examples:

#1 and #2 - "Far to the Right Law (FTR)" Violations that I Commit EVERY TIME I RIDE. EVEN IF THE POLICE ARE FULLY IN VIEW. Maybe even especially so.

Per Current Law,
A Cyclist that Wants to go Straight
Really OUGHT to use that RT Lane,
Or Not. Regardless, Smart Ones
Go With the Arrows Even if They Risk a Ticket

#1 - Make it Legal for Me to Ride Straight!

Currently, in Texas, and a whole bunch of other states, there is no exception to the FTR law that allows me to move left from the RH lane into the RH through lane when I plan to proceed directly forward. In actuality, I'm probably at risk regardless of what I do. If I ride straight when I'm in the right turn lane, I can be ticketed for not turning right (and yes, I'm fully aware of the right hook, so this NOT something I'd do even if I WERE ticketed, so let's not go there). If I move into the next lane over to proceed through the intersection, I can be ticketed for not being in that right lane. Fortunately for me, every policeman I've ever encountered in such a situation has not concluded I should follow the law. In such a situation, I wave to the policeman and every one has waved back - at least so far. Given ChipSeal's prosecutions, however, I'd rather NOT be in legal limbo, and I want the instincts that tell the cops that we're all being responsible NOT be illegal. The cops OUGHT to be friends of those safely using the roads without any fiddle farting intepretation of laws. If a collision occurred, a smart lawyer for the opposition would certainly note I was not riding in accordance with that FTR law and even the "narrow lane" exception would not save me since I'm not even IN that narrow right hand lane. In Effective Cycling, John Forester claims this exception to the FTR law is omitted because he shut up along the way when these things were being discussed. I hope his memory is faulty, because this truly IS a dangerous law - making it illegal for a cyclist to avoid a "right hook" situation. The only reason it stands is because pretty much everyone has more sense than God gave to little greeen apples.

In YOUR Opinion, should I be Ticketed for Illegally
Riding in "MY PATH?" Few Police or Motorists Would Say I Should

But the Law in Texas Says Otherwise

#2 - Make it Legal for Me to Use Discretion!
Currently, there is no exception to the FTR law for a cyclist riding on boulevards. A boulevard is one of those REALLY WIDE streets where you can ride ten feet from the curb and cars can still pass you in the traffic lane without changing course in the slightest. I LOVE boulevards and my motorists love them as well because I don't represent even a potential conflict when they see me up ahead. Still, I ride in what would be the "line of sweetness" if there were actually two lanes. The law officially requires me to ride as close to the curb as "practicable," and since there is only really ONE lane, the "narrow" exception wouldn't save me if a LEO decided to ticket me. In reality, this is pretty unlikely since my riding lane position in such cases is not only safe (giving any motorists coming off of intersecting streets the maximum chance to see and react to me), but overtaking motorists, even if they have serious anger management issues, hardly notice I'm there. Ditto the cops that are waving back to an unrepentant (if safe) lawbreaker. #1 OR #2, if I EVER get ticketed, my plan is to plead guilty with an explanation that I hope will keep the fine down to close to zero. Anybody disagrees with #1 OR #2, I really WANT to hear the rationale. PLEASE!!!!!!!!!!!!!!!!!!

#3 - Clarify the Duties and Obligation of a cyclist where there is a wide, improved shoulder, and impedance statutes come into play
In MOST States, the "Impeding Traffic" laws specifically state that they apply ONLY to motor vehicles. This is not the case in Texas. If Texas were like most places, ChipSeal would not be facing an expensive legal battle for impeding traffic in Ennis. The local police might have come up with some other charge, but they don't consult me before making traffic stops. However, this is NOT the whole story. In reality, there ARE situations in which a cyclist probably OUGHT to ride on the shoulder. What's more, that decision OUGHT normally to be that of the cyclist, who will bear the consequences of a misjudgment. One thing I LIKE about Texas law on this right now is that it doesn't consider cyclist behavior illegal without any basis in fact. On thing I DON'T LIKE about Texas law is it also doesn't keep podunk towns from enacting arbitrary rules, or police from targeting cyclists because they don't happen to agree with the cyclist's judgment about what is the safest way to proceed. How should all this be accomplished? THAT is what we elect legislators to do and THAT is something that advocates all will have ideas about. We don't all agree on the solutions, but this is a question we ought to resolve. Personally, I think the law ought to reflect EXACTLY how I ride, but clarification at least reduces my stress level, particularly if it does not require me to ride in a manner I KNOW to be unsafe. I see a future "you Dems have a shot post" coming. My own dog is too old to hunt Democrats down in any event. I cheer if he can make it to the back door without pooping. A jury of reasonable motorists should be able to see the law not irrevocably differently than an experienced cyclist.

Myself, I just want to ride from point to point without having to do so illegally, or dead, or with my own personal lawyer hanging on my rear wheel.. Yeah, we need better advocates. It'll be a cold day in hell before I sign that three foot TBC petition if I can't go two miles on my bike without a law violation, and TBC remains silent on THOSE LAWS.

Nirvana
I'll be frank. I'd really rather just see Texas just junk the FTR law that applies ONLY to cyclists altogether, when slower moving vehicles include a whole spectrum from horses to tractors to cars getting towed, to Segways and even blade skaters. Repeal of that statute would not relieve cyclists of any obligation to stay right when they are in a situation when they are not the apex predators, but it WOULD eliminate a whole lot of weird bike stuff that lead people on bikes into "the cyclist pit of doom." While I'm a skeptic about Yeti (even after the Rantwick video), I vociferously defend their right to exist without being hunted down with dogs, and especially with what is left of my own dog, who has struggled on despite everythings old dogs face. Yay Inky! In truth, the REAL question is "what does Texas need to do to combine more cyclists with the lowest cyclist death toll anywhere, and not a lot of slowdowns due to politically correct BS."  THAT is a criterion that is specific, meaningful, and measureable. My engineers will cringe to see me blogging about stuff I talk to them about in their performace plans, but the principles apply, even if the bureaucratic BS at work fuzzes things up. In the words of Hillary, "It Takes a Village..." In the final analysis, I do NOT want to hear people at work admiring my courage, moral or otherwise. Cycling needs to be perceived as it really is - fun and safe. I want my daughters to ride bikes without me being expected to worry. My youngest HAS seen that she doesn't get killed simply due to riding in the lane, and that big trucks passed her with no drama at all. I'm not sure she understands why we were on that road instead of the one with a bike lane, but she knows that bikes can operate as part of traffic, and she for sure has had drilled into her the notion that if, when driving, she sees a cyclist ahead, she'll simply make a full lane change and pass with no fuss or muss.

Where I Ride and Why

A long time ago, in a blog far away, in a post about riding in a Texas traffic lane less than 14 feet wide, I noted that as long as I rode AT LEAST as far left as the right-hand tire track, motorists ALWAYS altered course and gave me good clearance. ChipSeal, in his blog, suggests the superior place to ride is in the LEFT tire track, though he never actually addresses my own favored lane position. He noted it was a bit rougher in many places in the exact center of the lane.

Absent particular situations such as Boulevards, covered here, I rarely ride in the above lane positions. Instead, I ride in "the line of sweetness." In the "honk project," I refer to it as the "LC" position. Specifically, it's at the far right side of the Left-hand tire track. More or less. This is not rocket science.

Why do I prefer riding LC? Besides smooth pavement, it's very simple. It derives from "The Land Rover Rule." When I drive the Land Rover, my eyes align directly with the LC position. Seeing and reacting to a cyclist IN that position requires me to have no peripheral vision whatsoever. Should I (IN the Land Rover, of course), be texting, or putting on makeup, or simply daydreaming, LC is the position I am MOST likely to notice. At night, I'd see the annoying cyclist a full mile back. By the time I'm a half mile back, there will be no doubt I need to make a full lane change to pass the guy. UNLIKE the full left tire track, there will be no temptation to pass on the right, and it'll be easy to give him lots of clearance without running off the road on the LH side. I don't know about YOU, but I see a LOT of motorists chatting on their cell phones. I don't know about YOU, but I think the safe place to ride is where such people are likely to see and react to me early, not where the guy in the video below rides. It calls into question my previous assertion about the safety of that RH tire track. While all motorists may alter course, some alter course less that they should.

540hvs from Bikesafer on Vimeo.

LC also accrues benefits when it comes to the more serious hazard of crossing traffic. In a more visibile position, a motorist crossing my path is much more likely to notice me when I'm where I'd be if I were driving the Land Rover. This pays dividends repeatedly, most recently on one of my last commutes of 2009, when a motorist, ahead and to my right, began to pull from a side street to make a left turn. Had I been further right, it could have turned into a close call - or worse. As it was, a simple yell from me alerted the motorist and, with extra space and time, we all avoided any unpleasantness or need for evasive maneuvers. I don't want close calls on my bike. Not ever. An occasional fall due to loss of traction might be tolerable, but nothing more serious than that.

There is also advantage with oncoming traffic. When I ride down the narrow two-lane roads around here, I occasionally encounter spandex mafia types riding the other way down the fog line. Often, they're trailed by a line of cars. I find these encounters stressful. The first thing in my mind is that if a motorist decides to pass that spandex guy, I'm at risk of death via a head-on because of the durn gutter bunny. In this situation, the advantage of LC is subtle, but very real. If I were riding at the right fog line, or even in the RH tire track, the oncoming motorists are MUCH more likely to pass, despite my oncoming presence. If I ride FURTHER LEFT, the motorists would not see me as easily as in the LC position, and I'd still be in trouble if they tried a straddle pass around the gutter bunny. Uncertainty is not something you should inflict upon the motorists YOU share the road with.

Anyway, that's where I ride, and why. So there. It seems to work, so I wonder why I have never seen anyone else (as in NEVER) along my commute route riding the same way. Mostly, I see people riding in the "cyclist pit of doom" position. My kids, here, claim I'm not completely alone, but there are a lot of people that believe in the Yeti. Few have seen one. Really, however, mostly this is a finer point (it really ISN'T rocket science!), because, unless you fall into the "Cyclist Pit of Doom," cycling really IS pretty fun and safe, despite what some might try to make us believe.

Durango, AKA Sundance Square Secret Agent?

Sundance Square, Showing Parking Lot, Historic Building at Left

and Less Historic DR Horton Tower in the Background

One of my favored blogs is "Durango Texas." It's about the adventures and misadventures of a Washington boy in Fort Worth. Being from Seattle and living in Tarrant County near Fort Worth, it is irresistable to me. One thing notable about Durango is he's a little suspicious of the officialdom of Fort Worth. While he thinks Fort Worth is corrupt, I think it's just a little more honest about its approach than a lot of other places that make pretences to honesty. Chicago, for example. Heck, Everett for another example.

Anyway, at 4:56PM, someone claiming to be affiliated with Sundance Square, with a name of "Tracy Gilmour," wrote:
x
I stumble upon blogs that discuss Sundance Square and saw your post about Bass Hall and Sundance Square. I thought you might like to know Sundance Square is actually 35 blocks of Fort Worth, all privately owned. While there are two central parking lots, most of Sundance Square consists of turn of the century ( the last century) restored historic buildings. We have received numerous awards and recognitions regarding the architectural aspects of Sundance Square. We recently won the Urban Land Institute Award of Excellence. So, I hope on your next ride through town you will stop to admire some of our finer points such as the Knights of Pythias Hall (Haltom’s leases the ground floor now) or the Burk Burnett Building ( Worthington bank is on the first floor) Sundancesquaremanagement.com has short descriptions of all of the buildings in SSQ both new and old. Maybe that will provide some interest for your next visit.
x
This would not be especially notable, except that exactly twelve minutes later, at 5:08PM, Durango made a comment on my blog about - you guessed it - Sundance Square. Said he:

 x

This is the first time I've seen someone, besides me, accurately describe what Sundance Square is.
x
This combination of circumstances intrigued me a bit, so I went to Sundancesquaremanagement.com to see more about it. I always figured it was just those two parking lots. Imagine my surprise to find that Sundance Square actually has NINE different parking lots, and that doesn't include the ones contained within the highrise buildings. My apologies! In fairness, if you go to that website and click on the "retail" or "office" tab, there are brief synopses of the historic buildings, as well as some of the glass skyscraper boxes. How cool is that? Some of these buildings really ARE worth a look see, and I'm not just talking about the one that contains Starbucks.
x

SO: WHO, OR WHAT, IS TRACY AND/OR DURANGO?

I have a number of hypotheses:

• Durango MIGHT be secretly a double agent named Tracy, somehow mixed up with Sundance Square
• Sundance Square might be getting psychic messages from Durango when he contemplates anything having to do with Sundance Square.
• Maybe Durango's computer has been hacked by Sundance Square
• BOTH might be alter egos of Doohickie, who is the only one I know that knew that the pretend bike cops with the yellow helmets that do not know how to ride on urban streets are Sundance guards, unlike the Fort Worth bike cops who clearly DO know how to operate safely on the road.
• It MIGHT all be pure coincidence.

Exclusive: Get There by Bike!

HOW DO YOU GET THERE BY BIKE?

Well, there's nothing on the Sundance Square website to tell you how to get there other than by car, even though it is DIRT SIMPLE, so I'll pass along TWO secret routes there from Northeast Tarrant County. Perhaps the Sundance people are aware that cyclists are smarter than motorists, or maybe that's just what the yellow helmet guys tell them. Regardless, you read it here first!

Route 1 - For the lazy and those that like trains, take the TRE to the ITC. Ride NORTH until you see Bass Hall. You're there.

Route 2 - ALMOST as simple is just take Fort Worth Bike Route 340 across the Trinity River and into Fort Worth. You'll know you're there when you see parking lots, parking garages, and the Bike Route dead ends.
x

By either route, bike parking is free, though limited. The bike racks are cleverly disguised as "Fort Worth Stars." They have "bike rack" stenciled on them so you will know what they are. Hmm, maybe those Sundance people DON'T think cyclists are very smart, though they clearly believe we are able to read.

Seriously, would I go to Sundance so often if it were like, for example, downtown Dallas? It's where the West begins! I've actually seen horses on those urban streets. Ask Chipseal or Chandra if you don't believe me.

Sundance Square Bike Rack - Note Lettering "BIKE RACK"

I Don't Think the Other Lettering if Official

Bad Pavement Makes Serendipity

This afternoon promised to be somewhat of a non event. It's been nice this week, unlike the entire month of October. Not quite chilly mornings and temperate afternoons. I know Rantwick claims life is enhanced by smooth pavement, but rough stuff like that shown in the photo also can make things a little brighter. It gets us all to slow down a little and interact with the neighborhood.

Coming home, I'd made the turn from FM 1709 (also known as Keller Parkway International Raceway) onto Anita, headed south, prior to turning onto E Hill Street. The photo was shot from Hill Street, looking West. You can see where I started my turn, at "1."

This used to be a nice, fast left turn, prior to a similarly fast right turn on to Gloria. Southbound, all the stop signs are in your favor. Nowadays, it's a little trickier. Now, I wait for any oncoming, northbound traffic to clear the gravel moat so I can sneak down the gutter pan onto Hill Street (carefully following the line of arrows) without having to do a cyclocross shoulder carry or risk bending a wheel. Commuting is NOT a cyclocross race, though I am occasionally tempted. As a wrong-way gutter bunny, debris in the gutter pan bothers me not at all. I just make sure I go slow until I reach the SMOOTH pavement beyond.

Today, by chance, towards me came a lady in a new VW Beetle going northbound . She was clearly intimidated by the gravel moat, creeping forward across the construction so as to not damage the paintwork or suspension of her very nice car. All this while, I was waiting at "1," with one of my weird left turn arm signals. As she pulled up alongside, she smiled and said out her open window "you'll pop a tire if you go through this!" I replied, "I'll be careful." I thought about elaborating, but I'd been waiting for a while and didn't want to unclip from the pedals for a long chat. Little did she know that I was about to make ChipSeal tempted to make a special post about salmon masquerading as cyclists, and sneak on to Hill Street without a care in the world just the moment she proceeded past me. Apparently, it didn't occur to her that my left arm, weirdly hung out, was signaling an intention to turn left rather than cross the moat. A block later, I decided to return for a shot of the scene of the crime. I'd missed the opportunity to capture the scene with the Beetle and its nice driver present. Smooth pavement doesn't prompt friendly motorists to warn cyclists about popping tires. Instead, they just want to zoom by them.

This delay due to rough pavement was serendipitous a second time. When I turned on to Gloria, what did I see, off on the sidewalk to my left, but what was either a middle schooler or a racing dwarf on a bmx bike, riding down the sidewalk. We waved and then I asked "you ready to race?" He smiled and laid the hammer on. Yup, whooped by a middle schooler, but I'll bet he was nearly as pleased as the occasional dog that gets to chase me as far as the corner of its fenced yard. He certainly stopped with a flourish when he got to his crowd of admiring fans. Another pleasant interaction on a pleasant day - due to rough pavement. Actually, due to no pavement at all.

Bikes really ARE different...