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July 15, 2008

All Hail the Scofflaw Cyclist?

2008_0715_bikevcar.jpgIn the week since Alice Swanson was tragically killed riding her bike through Dupont Circle, there has been the usual back-and-forth between aggravated cyclists and aggrieved drivers. Cyclists accuse drivers of being two-ton road menaces, while drivers fire back by relaying long-worn tales of cyclists recklessly flying through red lights.

But in recent days cyclists have started defending their trade, looking to present their selective ignorance of traffic laws as perfectly justifiable. First up was the City Paper's Mike DeBonis, who wrote of being a "sensible scofflaw":

The whole fun and profit of riding your bike in the city is breaking the rules when safe and possible. That’s why I can get from my office in Adams Morgan down to city hall in 10 minutes or less during even the worst times of day traffic-wise. It’s what makes riding a bike around this city worthwhile.
And what does he propose a sensible scofflaw can do? Run stop signs and red lights, go the wrong way down a one-way street and slide past cars in intersections.

More recently, The Atlantic's Megan McArdle penned a more nuanced defense of scofflaw cyclists by citing a difference between "moral" laws and "coordination laws":

Photo by zenfrisbee

Coordination laws, like driving regulations--where the laws themselves have no moral content, but are merely a convenient way to enforce a common standard--are different from things like laws against stealing. Indeed, so different that you don't even think of speeding as breaking the law, allowing you to get morally outraged at bikers without even thinking of yourself as doing exactly the same thing on the highways.

The reason cops don't ticket bikers when they fail to observe stop signs at uncrowded intersections, etc, for the same reason that they don't ticket people going 5 mph over the speed limit--those people do not cause many accidents.

Today TheWashCycle, the blog run by the Washington Area Bicycle Association (WABA), runs in the other direction with a wholesale and extensive takedown of the myth that all cyclists are lawbreakers:
Now then, I'm not trying to claim that cyclists don't break the law. Let me state clearly and upfront, they do. What I'm saying is that there is nothing unique about the frequency with which cyclists as a class break the law when compared with drivers or pedestrians. And even if cyclists broke the law more flagrantly, that would not negate the need to share the road.
Yes, this is something of a tired argument, but it's good to see it flushed out. We don't really believe that the animosity between cyclists and drivers is as pronounced as some might make it seem, but it's important that both sides try and understand each other. At the end of the day, both cyclists and drivers are just trying to get to where they're going, so a little mutual respect and understanding would go a long way to cool tension between the two.

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Comments (117) [rss]

And those that teleport to work?

Breaking the laws of physics is TOTALLY uncool.

 

I see just as many drivers break the law as cyclists do.

Also, the fact that someone has to actually state that traffic laws are not moral codes is already stating the obvious and isn't defending their position particularly well.

 

It doesn't really matter if I'm a driving, biking, or pedesting -- I usually don't follow traffic laws.

But that doesn't mean I'm not allowed to yell at others, right?

 

Chances are you won't see a cyclist breaking DC hands free cellphone law!

 

I prefer to cycle backwards, thereby breaking all laws of common sense.

 

selective ignorance

Um, I think you want something like "selective adherence".

Here's a fable:

There's an airport. Most everyone there walks. But there are a few folks that ride those little roller skate shoes. There's an occasional collision, but for the most part things are A-OK.

One day, someone introduces the electric cart. This is a good thing. Elderly and disabled can now get to their gates.

But over time, speeds of the carts increase. People are in a hurry, you know. So speed limits are imposed. And traffic signals, lights, cross walks. (God help a walker that's outside of a crosswalk when a cart is approaching. Jaywalker!)

But all the signaling doesn't help much. Speeding continues to be a problem. As speeds increase, more folks choose to take the carts rather than walk. Really its the only safe way to get around. As fewer folks walk, the speeds of the carts increase.

Because they don't have to worry about people wandering around the hallways, the carts now run at 30 mph instead of the posted 10 mph. Occasionally someone points out that all this speeding is dangerous to folks trying to cross, or ride their little skateboards.

But a spokesman for the American Cart Association makes the point that cart speed limits are "artificially low", and that the latest carts can safely negotiate turns at 35-40 mph. Besides, any attempt at enforcement is only a sneaky way to "stick it to" carters.

Every once in a while, a walker, or skater gets run down by one of these carts. Clearly that's the fault of the cart-driver, because everybody knows carts are dangerous, and people need to be careful around them. And besides, you just can't be aware of every little thing that's going on around you.

Oh, and sometimes those guys with skates on just pop out of the Starbucks without even looking.

 

Chances are you won't see a cyclist breaking DC hands free cellphone law!

Or taking photos. Seriously. On Vermont Ave. at lunch I saw a guy driving a nice black Mercedes firing off random pics with his SLR and telephoto lens. Fortunately he wasn't actually looking through the camera's viewfinder. Just randomly pointing the camera at groups of pedestrians on each side of the street.

The main problem with McArdle's logic, as some folks point out in her comments section, is that her whole argument hinges on the question: "Which of you has never gone above the speed limit?" when really the questions should be: Do you obey red lights, stop signs, etc. because that's where bikers, drivers or pedestrians can cause the most trouble if they're not obeying.

Personally, I don't care if you break the rules, jaywalk, run a stop sign etc. Just don't be stupid about it.

 

thanks for bringing attention to this, martin, but i feel like your summary of debonis' rules for being a biking scofflaw is a little too summarized. sure, he says to do those things, but not wholesale. of course, if someone clicks through and reads his article, they'll see that, but i just feel i should restate here for the record: his rules include a lot of common sense, not just breaking the rules for the sake of breaking them.

 

Oh, and before all the purple-faced vituperation can begin in earnest, here's a link to DC bike law cheat-sheet so we're all on the same page as to what is--and is not--illegal.

http://tinyurl.com/dcbikelaws

Now, let the comments about how some bike courier once came within three feet of running over your toes commence...

 

I like the idea of building a legal / moral reframing of biking road rules...interesting potential here.


And since I'm 20th c. normative grammarian: Perhaps it's good to see this 'fleshed' out?

 

I ride my bike to work. My primary concern is visibility to motorists. I make sure people know I am there, but I try not to get in the way unless necessary for safety reasons (ie, a car cannot possibly safely pass me). I will slow down at stop signs but rarely actually stop. I will usually stop at red lights, but I will go through them if the road is clear of both cars and pedestrians.

The fundamental difference between a bike breaking the law and a car breaking the law is that a car is a two ton object which can potentially inflict massive injury or death. While a bike can do the same, the probability of it happening is extremely low, as bikes almost always travel at far lower speeds than cars.

 

Now, let the comments about how some bike courier once came within three feet of running over your toes commence...

ibc -- nice cheat sheet, but it all involves vehicle-bike interaction, not pedestrian-bike interaction.

 

I've taken pictures while driving (I do it all the time). And used a cell phone. And sent text messages. And eaten my yogurt with a spoon. And changed lanes without signalling. And not stopped for pedestrians in a crosswalk. Wow, it really feels good to admit all that. I'm glad we're getting things out in the open here...

 

i saw a guy texting while pedeling down some avenue recently.

 

"Which of you has never gone above the speed limit?" when really the questions should be: Do you obey red lights, stop signs, etc. because that's where bikers, drivers or pedestrians can cause the most trouble if they're not obeying.

Not sure you typed what you meant to type here. I don't think Meghan was asking cyclists if they exceed the speed limit, but rather the drivers.

Asking *auto* drivers "Have you *ever* driven below the speed limit on an unobstructed road?**" is absolutely the most relevant question. We all decide which laws to ignore; it's just that cyclists ignore laws--laws they're acutely aware they're breaking--that often *seem* more troublesome. When in fact the laws that autos ignore *are* more dangerous, and drivers seem oblivious to the fact that they even break them.

Excessive speed is a factor in almost every deadly auto accident.

(** The honest answer to the question--when posed to an auto driver is "No.", btw.)

 

flapjack: can you stay on the line just a little bit longer?

(to fbi agent: we got her boys!)

alright, thanks for holding, that's all we need. will you be home for the rest of the day?...

 

Yes, perhaps drivers break the law as often as cyclists do, but cyclists (when they do break the law) tend to do so in a way that is begging for an accident.

Example: Cars and bikes both run stop signs -- although cars tend to coast through them while a lot of bikes plow through them.

Example: When I bike, I wait like any other car at a stoplight. I don't squeeze up to the front. The front driver could decide to make a right turn and hit me. (It happens.) It also spooks a driver if you're biking up alongside him to go straight while he's trying to turn right legally. It's harder for cars to "jump in line" the way bikes do, so that's one breaking of the law you're less likely to see among cars. And it's one that's more likely to result in collision.

 

IMGoph - wouldn't you like to know...

 

Yes, this is something of a tired argument

I like how you summed up the whole post in just one little clause, there . . .

 

The best analogy for dealing with this argument is this: When bikers break the law, they're playing with a sharpened knife; When drivers break the law, they're playing with a loaded gun. Thus we can demand more responsibility and enforce stricter laws on the driver than the biker.

There is no equivalance. One transportation device is simply much more dangerous than the other.

 

@Reid: You're joking, right?

I think there is ample responsibility to go around.

 

ibc -- nice cheat sheet, but it all involves vehicle-bike interaction, not pedestrian-bike interaction.

That's because there's no complexity to that scenario: as far as I'm concerned, a cyclist that hits a pedestrian is at fault.

 

ibc - then maybe it was a bad choice of words on your part, or a bad reading on mine, when you said "Now, let the comments about how some bike courier once came within three feet of running over your toes commence..." Seemed to imply you were talking about the ped-bike connection. Sorry if I misread.

 

No, No, No, NO. The danger cyclist present is different because they present the danger to themselves. However, the law should be followed as it encourages predictablity. Predictablity is the only thing that makes roads safer. (Think about it, when you're shaking your head asking "What's with That Guy?" Mr. That Guy is probablly doing something unpredictable.)

As for bikers and their law breaking: I'm still accountable as a driver if I squish the begeezus out of you and prob'ly won't sleep well at night either. So what for your 10 minute commute??! Bikers Are Not Entitled to Their Momentum. Pedaling more after breaking will just encourage that physical fitness that's touted so much as a positive for biking. Break like a big boy and suck it up.

 

MikeB,

sorry for the fuzziness.

I think that unless there's compelling evidence to the contrary, a cyclist should beshould be held legally liable when they collide with a pedestrian.

I also think that unless there's compelling evidence to the contrary, the driver of a motor vehicle should be held legally liable when they collide with either a pedestrian or a cyclist.

Also there should be a zero-tolerance enforcement policy for speeding in the District. If I were District Emperor, I'd require speed limiters on any car that would be operated in the city and set the speed at 25 mph.

 

Just to reiterate (I know its been mentioned in other posts), Alice Swanson was riding her bike in a lawful manner (right of way, in the crosswalk) when she was killed. Mentioning her death in conjunction with the scofflaw rider articles might make it seem otherwise.

 

"The fundamental difference between a bike breaking the law and a car breaking the law is that a car is a two ton object which can potentially inflict massive injury or death."

This statement is missing the point entirely. While the biker may not kill someone else by breaking traffic laws, he probably does increase the possibility that he, himself will be killed. And it's really unfair to put that guilt on the driver who hit you. Even if the biker is not injured, the car may be damaged, which costs a lot of money to repair or may affect insurance rates. Bikes have to follow the same rules to prevent these things from happening. C'mon we all know this!

 

As a cyclist, I would say that I(I cannot speak for others) usually don't stop for stop signs, but I do tend to slow down to make sure I am not about to get hit. I also run red lights, pretty frequently in fact, only when its clear in both directions because I dont want Johnny Cellphone to kill me with his Expedition. I don't think there is anything wrong with that, and I love cutting lines of cars when waiting for a red light because I like to be in front of the cars so that they can see me, also its like they are paying a lazy tax to me.

 

What's f*cked up about all of this is that the minority of drivers who complain about cyclists on the street are the same assholes who would complain if we passed them on a sidewalk, in a the rare instance, of course, that they'd be getting any exercise.

Well, if you don't want me on the road and you don't want me on the sidewalk, where the hell am I supposed to go? Uh-huh.

So, deal with it. If you cut me off, or otherwise act like a jerk to me, expect to hear about it (that is, if you even can from your air-conditioned cocoon in which you listen to your zany morning talk radio program).

And in the spirit of fairness, if I run a red light and make you slam on your breaks, then by all means yell at me. Nay, go ahead and hit me.

But don't you dare yell at me for taking advantage of the position you put me in by refusing to respect me on the road or on the sidewalk. (Thank God, most drivers and pedestrians aren't that dumb though or there'd be all out rumbles every day...)

 

@Disco Stu: The danger cyclist present is different because they present the danger to themselves.

You are flat out wrong .. A wreckless cycler presents dangerous situations to everyone around themselves. They can easily cause an inadvertant accident in their wake, can hit and hurt a pedestrian and i don't know any car owner who looks forward to replacing their windshield and body work after a cyclist flies headfirst into their vehicle.

 

If you want to talk about something interesting, let's talk about how auto-centric signaling encourages (almost forces) "law-breaking" behavior among pedestrians.

There's a stretch of Connecticut Ave between just north of Dupont Circle and just south of the circle where the pedestrian signals are a complete and total f-ing travesty.

The one down near California Pizza Kitchen features a crossing of 75 yards of traffic lanes with an 8-second walk signal. Or there's a few on Dupont Circle proper, where the signals give you 10 seconds to get to the 18" wide concrete median, only to strand you out there for another 50 seconds while the side view mirrors of delivery trucks go whizzing past your nose.

Of course, when a pedestrian is run down one of these days, we'll get to hear from all the car drivers about how "I see people jay-walking there *all* the time!"

 

tater: this statement:

Example: Cars and bikes both run stop signs -- although cars tend to coast through them while a lot of bikes plow through them.
is crazy. honestly. i've seen a lot more cars "plow through" stop signs than coast through. i've seen bikes do both, but most bikers seem to slow down, at least give a cursory glance both ways, and proceed.
 

Forget hunting some Orc. I'm hunting me some scofflaw cyclist! Are you with me, Legolas? Legolas? What are you doing to Gimli? Don't crush that dwarf! Hand me the pliers!

 

Chances are you won't see a cyclist breaking DC hands free cellphone law!

are you kidding!? I see this ALL the time. Actually, almost as much as i see drivers with cell phones.

 

Well, if you don't want me on the road and you don't want me on the sidewalk, where the hell am I supposed to go? Uh-huh.

Isn't it obvious? Drive to a bike path somewhere. In other words, they don't care *what* you do, as long as they're not inconvenienced by your perfectly legal behavior.

That's why the counterarguments are so scattershot, uninformed, and internally inconsistent.

 

A correction: the Wash Cycle blog is not run by the Washington Area Bicyclist Association. While we help support the operation of the site we have no control over the content.

Eric Gilliland
Director
WABA

 

Well, if you don't want me on the road and you don't want me on the sidewalk, where the hell am I supposed to go?

I think you answered your own question there.

Handbaskets and fast trains departing every hour. Step right up.