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HECKLED

by Ray Thomas
Ray Thomas is a Portland bike lawyer.

Heckle: to try to confuse or annoy with taunts, questions, etc. @ Funk & Wagnalls Encyclopedic Dictionary

Last week I passed a milestone of sorts: my first heckling. During a bicycle law clinic I was heckled by a guy who decided to focus his anger toward bicyclists on me while I attempted to explain the laws of bicycles and skateboards. His frequent interruptions and attempts to disrupt the presentation created some confusion for everyone in attendance. About three-fourths of the way through the clinic he noisily got to his feet, announced A thanks for nothing and stormed out of the room. During the presentation I saw how angry he was about bicycles and bicycle riders. As I reviewed the traffic laws for the assembled riders, the heckler maintained his own negative commentary about the things I was saying.

After the clinic I found myself going back over some of the things that he had said, trying to understand why he had chosen me to be the lightning rod for bicyclists, and trying to piece together why he was so angry in the first place. He probably saw some announcement for the clinic in the newspaper and decided to go and find out what the law said. I hope there may be some value in considering his comments to the extent they are representative of other negative things I hear about bicyclists as road users.

His main beef was that bicycle riders passed motorists on the right. When I explained that passing on the right is against the law except when going around a left-turning motorist (and of course this does not apply to bicyclists in bicycle lanes) he let out an audible groan and said something about a bicyclist having run into the side of his car, causing damage and then fleeing from the scene. He was upset that I felt the prohibition on passing on the right was a bad law and should be changed. His view was not unusual, many motorists believe that drivers should not have to watch their mirrors and look around constantly in order to anticipate bicyclists who may be trying to slip through traffic.
For many motorists, it does not matter that there is frequently more than enough room in a typical twelve-foot-wide traffic lane to accommodate both a bicycle and motorized vehicle. These drivers believe that bicyclists should follow the same rules as cars and view our attempts to pass quickly through traffic as attempts to gain an undeserved advantage in the road. It is of no assistance to point to the rest of the world where drivers and bicyclists share the roadway in a cooperative manner, or to point to the European model where bicycles are allowed to move to the front at many traffic lights so as to avoid being stuck behind a line of stopped cars and trucks.

The second area that earned an interruption and complaint occurred during my attempt to discuss obeying traffic laws. We all know that the failure of some riders to stop at red lights and stop signs infuriates some motorists. There is little argument that it is always a good idea to obey traffic laws in the presence of other roadway users. However, when I attempted to address why it is that bicyclists ignore some traffic laws, using the rural stop sign as an example, the angry visitor came unglued.

I tried to explain to him that when I approach a stop sign out in the country on my bicycle the lines of sight may be such that it is plain to see there is no traffic anywhere nearby. In these situations it is difficult to force myself to waste momentum to stop, only to then start moving again because the metal sign has made a silent blind command. Given the same situation at the wheel of my car I am not so tempted to run through the stop sign - something tied to the precious nature of human powered momentum coupled with the absurdity of stopping to honor the superior right of way of non-existent roadway neighbors. Perhaps the final gloss on the question is that from the perspective of many bicyclists, most vehicle laws would be unnecessary if everybody was on two wheels.

As I explored these questions about application of the laws, the heckler loudly accused me of advocating violation of the law. Even though I was a lawyer, he decided that I was no different from the rest of the scofflaws on two wheels. I tried to explain that I was only trying to explain why I found it difficult to follow the law sometimes and that I was not advocating that anybody do anything against the law. I didn't think of it at the time, but I do believe one difference between bicyclists and motorists is that if we do make the choice to disobey a traffic law and if we did so in error, it is very seldom that anyone else is hurt by our poor choice besides ourselves; when a motorist makes an error of judgement, there is usually crumpled sheetmetal and a potential for catastrophic injuries to others. This is not to say that indiscriminate disregard of laws by bicycle riders will never lead to potential injuries to anyone besides the rider; but, by and large, the person who is most in danger from collision between a 25 pound bicycle and a 3500 pound car is the bicycle rider, not the car driver, or other roadway users.

These ideas are not excuses for failing to follow the law, and certainly provide no legal defense to a traffic citation for running a stop sign. But the thinking contained above is representative of the reasoning that bicycle riders sometimes use as justification for not stopping.

However, confining the discussion to a rural stop sign scenario is somewhat unfair. The heckler was steamed by riders flagrantly ignoring stop signs and traffic signals in crowded intersections. In these situations it=s easy to say Aalways stop.

If some bicyclists view themselves as being above the law it makes it hard for the rest of us to claim an entitlement to having motorists follow the Rules of the Road toward us. The heckler had a point, obnoxiously presented but nevertheless correct, that if we want to be treated with respect on the roadway, then we have to be willing to play by the same rule book as everyone else.

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