A TwoWheeling Court Victory in CBus!
By Douglas MorganYesterday I defended a young man named Michael in Franklin County Municipal Court. Michael had been cited for "taking the lane" on High Street, i.e. riding in the center of the lane, rather than to the right side of the lane. Experienced cyclists like Michael know that this is the safest way to ride on narrow city streets--riding to the right side of a narrow lane invites motorists to pass in the lane which can have deadly consequences. The Columbus traffic code was amended within the last 2 years to specifically address this issue, but it seems law enforcement officers are either unfamiliar with the new law or unwilling to apply it.
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I then took a tape measure and extended it 11 ft, 3 inches (the width of the lane) and laid it on the floor in front of the bench and asked the police officer to join me standing by the tape. I then asked the officer exactly where in the lane he thought Michael should have been riding? He said about 1 1/2 feet from the curb. "So you think that bicyclists should be required to ride over these corrogated metal sewer grates?" I asked, handing him a photo of one of those dangerous grates. "Yes," he replied, "I think it's safe for them to do that." Of course, cyclists know that these grates are very hazardous, especially when wet, and noone I know would feel safe riding over them, but I let this go for the time being and stepped off 1 1/2 ft of the tape. "OK, officer, how much space in the lane does the cyclist need to ride safely in this location?" After much discussion, the officer agreed that 3-4 ft should be sufficient to allow for the width of the bicycle and the cyclist and room to maneuver around road hazards, so I stepped off another 3 feet. "And what do you think a safe passing distance is for an automobile to pass a bicyclist?" I asked the officer. "I always give a bicyclist about 6 ft clearance," he replied. (Boy, don't we wish all motorists were this generous?) So I stepped off 6 more feet.
The officer and I were looking down at what remained of the lane width--less than a foot. "Officer, how wide is your cruiser?" I asked. "Don't know," he replied. "Do you think you could squeeze it through there," I asked pointing at the 9 inches remaining on the tape measure. "No," he replied. " "No more questions, your Honor," I said. The prosecution rested.
... <a href="http://douglasmorgan.typepad.com/two_wheeling/2010/01/a-twowheeling-court-victory-in-cbus.html">http://douglasmorgan.typepad.com/two_wheeling/2010/01/a-twowheeling-court-victory-in-cbus.html</a>;
Follow up to "Take the Lane” Court Case - Columbus OH " <a href="http://www.baltimorespokes.org/article.php?story=20100113123903726">http://www.baltimorespokes.org/article.php?story=20100113123903726</a>;
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