Cyclists, Motorists and the Law
by Andrew Posner, Providence, Rhode Island on 07.14.08
Caught at a Red Light
Last night I was biking home from the movie theater when I got caught at one of those red lights that cyclists dread. If you are a cyclist, you know the situation: you're on a small road and need to turn onto a larger road. Unfortunately, the light only changes if a car trips a sensor under the road. Your options now are limited: you can either run the light, wait for a car to trip the sensor, or climb off your bike and push the cross-walk signal (if there is one.) Well, at first I waited for a car to come, to no avail. Nor did the street have a cross-walk signal. My only option was to run the light, but as a law abiding cyclist, I wasn't terribly excited about the idea. One of my biggest pet peeves is seeing cyclists running lights and stop signs, riding on the wrong side of the road, etc. After all, while motorists often don't seem to know how to share the road and put others in danger, cyclists greatly damage their image by not obeying the laws of the road.
A Bicycle is Not A Car
I ended up running the light after making sure there were no cars in the vicinity, but that's not the point. I tell this story because it got me thinking about the fact that while cyclists have the same rights--and responsibilities--as motorists, a bicycle is NOT a car, and perhaps shouldn't be treated as such. (Of course, I believe a bicycle can do everything a car can!) Conversely, if we are to really view bicycles in the same way as cars, at a a minimum from a legal perspective, then we have done a pitiful job of providing the requisite education and infrastructure to make that a reality.
How to Enforce Equal Rights
Let me start with what we would have to do to truly enforce equal rights and responsibilities for cyclists. For starters, all new drivers should have to demonstrate an understanding of how to interact with cyclists on the road, in a variety of situations. They should know what rights cyclists have, as well as how to ensure that both driver and rider are safe. At the same time, cyclists should at least be given the opportunity receive the same education as drivers (this is being done in Santa Cruz, California, for instance). Many cyclists don't know or simply don't care that they are required to follow the rules of the road. But just as importantly, they are often unaware of the fact that in many situations they can, for instance, take over an entire lane if there is no shoulder or if glass or potholes force them into the lane. Again, the problem is that a bicycle is not a car; it doesn't move at the same speed, takes up a fraction of the lane and poses almost no safety risk to others. As such, the law has to accommodate those difference (and while there are laws that do that, most cyclists and drivers are not aware of them, and even then they provide awkward solutions.)
The bottom line is that when cities are designed without cyclists in mind, it becomes awkward to say that riders have equal rights. When a road is built in such a way that it becomes dangerous for a car to make a left turn, say, then people are justifiably outraged and the problem is often rectified. The fact that the vast majority of our roads are not built to make cycling safe means that we have to ensure that everyone clearly understands when and why cyclists can run lights, take over lanes and get other special rights, while at the same time we desperately need to invest in better infrastructure. Otherwise, we have a recipe for mistrust, misunderstanding and accidents. This is especially true now that gas prices are inspiring more people to get back on their bikes.
Some Cities Are Addressing the Problem
Going back to my example at the red light, a simple, though perhaps costly, solution would be to make lights sensitive to the presence of a cyclist. Where that is impractical, the law could be amended so that in certain circumstances (say between the hours of 7 pm and 7 am) cyclists can treat red lights as stop signs. In fact, at least in my hometown of Los Angeles, this is already the case. And in San Francisco, there is talk of changing the law to allow cyclists to ignore stop signs, although "bicycles would still have to yield if there was a car at a stop sign. They would still have to stop for that car and let them go through." Finally, Portland is addressing the infrastructure issue in many ways, including the use of bike boxes to protect cyclists from drivers making right turns.
As things stand now, there is a strange disconnect between what the law says and what actually happens on the roads, and there is no one in particular to blame. Legal scholars will say that, ideally, the law codifies social conventions, but in America the social conventions surrounding cycling are underdeveloped. A combination of education, legal reform, and infrastructure improvement are needed to ensure that our roadways accommodate all forms of travel.
More on Cycling
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China Eats the World: How America Learned to Bike and China Learned to Drive
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Winter Tips For Summer Bicycle Trips
Physically Separated Bike Lanes
A Picture is Worth. . .That's the Bike Path? Good Luck!
Internet Outrage Makes State Farm Pull "Humiliated Cyclist" Ad
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Wow, I had this exact same experience and conversation with a friend yesterday. I am one of those "rare" law-abiding cyclists and get so angry when other bikes fly by me while I sit at a red light. But bikes aren't cars, the roads weren't built for us and there are situations where we should have every right to break the laws that were written without us in mind.
However every time there is a story of a cyclist getting hit by a car on a busy road, drivers cry that the cyclist should have been on side streets. The problem is, most side streets have these sensor lights, which means, if there are no cars, it will never change. But once a bike runs that light they become rouge law-breaking misfits with no regard for anyone but themselves.
I completely agree that the roads an infrastructure were not built with bikers in mind, so while we are legally regarded the same as other vehicles on the road, there are circumstances that just don't apply to cyclists. This is a prime example.
Thanks for the well written article.
Wow, I had this exact same experience and conversation with a friend yesterday. I am one of those "rare" law-abiding cyclists and get so angry when other bikes fly by me while I sit at a red light. But bikes aren't cars, the roads weren't built for us and there are situations where we should have every right to break the laws that were written without us in mind.
However every time there is a story of a cyclist getting hit by a car on a busy road, drivers cry that the cyclist should have been on side streets. The problem is, most side streets have these sensor lights, which means, if there are no cars, it will never change. But once a bike runs that light they become rouge law-breaking misfits with no regard for anyone but themselves.
I completely agree that the roads an infrastructure were not built with bikers in mind, so while we are legally regarded the same as other vehicles on the road, there are circumstances that just don't apply to cyclists. This is a prime example.
Thanks for the well written article.
Small motorcycles, scooters and mopeds often do not trigger those sensors due to the small amount of metal compared to a car's chassis. For this matter, you can find a small magnetic trigger sold at motorcycle's accessories stores; they attach to the underside of the motorcycle (or bicycle in this case) and trick the magnetic sensors under the pavement to believe a larger metal mass is standing over it. Contrary to the common belief, these sensors (most of them, at least) do not detect weight but magnetic interference, and there is where this little magnet helps.
http://www.wikihow.com/Trigger-Green-Traffic-Lights
There are embedded loop detectors sensitive enough to recognize bicycles.
Was there a crosswalk button you could have gone over and pushed?
Also possible to get off the bike, and walk it across the intersection.
That said, I'd wait till the coast was clear and run the light.
Generally, I've found that if you obey most of the laws when you cycle, are very clear about your intentions and ride smoothly, and pay attention, then you can occasionally ride the wrong way down a one-way street, run a light, etc. without any problems.
heres how those lights work
all you need is a neodymium magnet for the underside of your bike, if its a strong one it will trip the sensor and you can pass through the light without an issue.
I agree with you about how annoying that situation is. Even more annoying is on a motorcycle, which often doesn't trigger them either. You have far fewer options then - you really are clearly defined as a vehicle so running the light is serious rather than mainly a moral issue, you can't easily go over to press the pedestrian button, and even if you can, some lights (Charlottesville planners are terrible for this) still won't give you a green.
I strongly agree with the education, and the planning with cyclists in mind. It should be part of every driving education program and every driving test. Drivers have to know how to behave around large trucks and buses - why not cyclists? Planning is another very important one. I have yet to come across a good cycle lane in Toronto. They mainly exist where they are completely not needed - wide comfortable boulevards. If a junction approaches or the road narrows, such that they might be needed, they disappear. Or, they are right next to the parked cars, putting one in danger of the most common cycling accident. It's dangerous to ride in them, but dangerous not to because cars get annoyed that you aren't staying in 'your place'.
Real education, and real concern for cyclists is needed. Not just filling quotas for cycle lanes added.
If a traffic sensing device controlling a red light is not able to detect the presence of a bicycle, then the bicycle can procede through the intersection as if there were a stop sign at the intersection. No additional laws are needed for the special case of a bicyclists in this instance, because the signal is defective. If a car waits at a defective traffic signal for a sufficient time to determine that the signal is defective, the operator of the car has the right to procede with caution. Same for bicycles.
I empathize with your frustration when encountering these defective signals. City traffic engineers need to be aware of where they are so that improvements can be made. But you may be comforted to know that you aren't compelled by the law to get off the bike and push the crosswalk button, although this might be a good strategy in heavy traffic.
Readers might be interested in reading ongoing discussions of this type at the Ann Arbor bicycle/walking advocacy group's discussion site on google - go to the link at www.wbwc.org.
Another option available is to lay your bike down within the sensor box. I am able to keep one foot clipped in while doing this. If it is at night, be sure to keep your lights in the appropriate orientation. If a car pulls up before the light has triggered, I pick the bike up and roll it just in front of the stop line.
I usuall err on the side of caution. I give way to just about anything - trucks, buses, cars, other bikes, pedestrians, squirrels, etc..., I try to think that I can outride any delays that that would cause.
When no one is around, I will go through the red light or stop sign ('no one around' being a relative term). Many times in NYC you just have to stop otherwise you'll get pulverized.
Of course most accidents are caused because someone didn't see the other person.
I believe the hard rules are not as important as the spirit of the rules or just plain courtesy and respect.
We are also stuck with moron drivers no matter how good the education process.
Good Luck!!
vsk
If a light does not turn green for you, you're allowed to ignore it. You should obviously exercise due caution while doing so!
If bicycles are to be treated as cars, then you should need a license. I don't know of any states where you need a license to ride a bicycle.
I'm not sure what conclusions you want to draw from that, but certainly it's something to ponder.
Perhaps bicyclist should be licensed like every other vehicle on the road... and tagged for identification too.
What of the taxes paid via fuels sales for road maintenance?
Alternative fuel vehicles owners are forced to pay road taxes as they don't use or buy petrol.
If a mass number of people start riding bikes or other human powered types of transport (which is awesome)... who is to foot the bill?
some or most streets utilize the hall effect for light changing, so just try putting a strong magnet underneath your bike.
As a daily bicyclist (my bike is my car), I am well aware of the current state of the relationship between motorists and bikes and how important it is to get awareness and education to the masses about bicycle rights equality.
In the past year or so I have seen an improved and more accommodating attitude from motorists towards cyclists (safer passing, less honking and throwing things out of windows) mostly due to the increased number of bikes on the road, however I agree there is much more to be done.
Immediate action needs to be taken in our city halls and state houses to ensure that new infrastructure is 'bike friendly' such as all new roads include a bike lane, more 'bike route' and 'share the road' signs erected, and I like the idea to include motorist/cyclist relations education in drivers ed courses. While on top of that need to be educating others and kids on how to ride a bike correctly (great idea for a kids tv show/book on new bike safety).
The bicycling community is growing at an alarming pace and we must step up and foster it's growth with better road management/engineering, safety techniques, and adequate legislation.
If you ran the red light you would likely not have been breaking the law. In most states if a light cycles and fails to give you a green the light can be considered defective and you can proceed when safe to do so. There's a left turn light that I encounter almost daily that falls into this category. in your case if you'd waited a reasonable amount of time and the light failed to cycle you would be justified in running it. Of course there is a chance that a cop will simply see you run a red and pull you over. It's happened to me. I politely explained that I had waited through a complete cycle, assumed the light was defective, and proceeded safely as per the law. The cop let me go. Probably helped that I didn't pull the confrontational "I know my rights" attitude and be a jerk.
I need to fix my bike so I haven't encountered this problem lately, but I drive a small motorcycle and I would say that about 25% of the lights in my area do not sense me. Many of them are at big intersections and, even on a motorcycle that can pick up quite quickly, the situation is dangerous! I think the law is here that if either the light skips you for 3 cycles or if you wait for 5 minutes for a light that you can go when it is safe. I guess that would also apply to bicycles, but how scary! I can go faster than most cars on my motorcycle, but I certainly can't do so on my bike. There needs to be some kind of system, maybe a button that you could press or something that makes the light turn. I have jumped off my motorcycle and hit the crosswalk button before to get a green, but that poses a problem when I need to make a left in a protected left turn light. They need to do something because I have noticed that not only are more people riding motorcycles, but more people are riding their bicycles.
The roads are designed for bicycles. Bicycles are vehicles, and the roads are designed for vehicles that don't exceed certain maximums. Speed, length, width, weight, etc. They're not designed for cars or trucks, either. Just vehicles.
As long as you came to a complete stop, waited a reasonable time after at least one full cycle. Then it's a malfunctioning traffic device. Not a big deal. Just don't blatantly run it!
The biggest problem is that the majority of motorists and cyclists are unfamiliar with the rules of the road when it comes to cyclists and pedestrians. Some states have begun to address the issue by requiring blocks of instruction in drivers' ed and including cycling related questions on the license exam. But until there is a concerted nationwide effort to get people educated on what the rules are for ALL vehicles, there will continue to be conflict.
Education is the key, not bike boxes, sharrows, seperate lanes, etc. There are already adequate laws out there, but inadequate education.
Here's something everyone with bicycles might want to try. They are often purchased by motorcyclists, but I'm sure they should work with pedal bikes as well.
http://www.thelightchanger.com/
I agree that if bicycles and cars are to share the road as equals, there needs to be a lot more education! And I agree with the first comment, that cyclists should have licenses. I totally support folks who choose to cycle, and I get very frustrated and angry when cyclists do things that endanger themselves and fail to obey the law. I live in a fairly cycle friendly town and we have tons of cycle lanes and the city has tried to accommodate them. But not a day goes by when I don't see multiple cyclists doing dangerous stuff and moving from road to cross walks. ::shudder:: It terrifies me that I could hit someone if I'm not insanely careful when I see one. I will slow down so I can turn right behind a cyclist. I yield right of way. I do everything I can to be a good fellow driver . . .
And for my efforts, I get flipped off so much it makes me want to scream.
Yes, the situation is annoying, but hardly something to dread. If the sensor isn't sensitive enough to detect your bike, then I think you are well within your rights to proceed with caution through the red light. If you don't like it, then walk your bike across the crosswalk.
The last time I had this happen, I ended up using the crosswalk and then I e-mailed the department responsible for the signal. Someone came out within a couple of days to adjust the sensor and it has worked fine since then. Had the situation not been so easily solved, I would probably just choose a different route for future travels.
When I ride to work I ride on the left side bike lane. I know I am not supposed to, but the right side has not one but three streets where there are right hand turning lanes to get around the light. This is a problem because the cars don't look and I have been nearly run over, brushed by side view mirrors, and had my rear wheel folded in half. And then I was yelled at by the driver that then drove away. I was left two miles from home, two miles from work with a bike that now needed $150 in repairs.
Drivers need to look where they are going instead of assuming that the lane is open. I am forced to, technically, break the law because I don't want to get killed. In all other respects I am a responsible rider and I would expect the same from all the cars.
The same problem occurs with motorcyclists. You can put some "rare earth" magnets somewhere low on the bike and they usually make the sensor sense the bike better.
The only issue I have with bicyclists is that they(not all, but some) do not follow the rules of the road. At least in PA they are supposed to follow the same rules as motorists. I have three example from my experiences while driving in the last year.
1. A construction vehicle is blocking one lane, so cars are taking turns going around it. 5 or 6 Bicyclists come up the shoulder and go around the construction vehicle in the opposing lane, even though it was that lanes turn to go. Blatant disrespect in my opinion.
2. Right before the first example, the traffic was backed up due to the construction vehicle). The same bicyclists come speeding down the two feet wide section of road between my (and the other driver's) car and the curb, literally inches from my car. And people wonder why drivers get pissed off and door bicyclists? There was a sidewalk he could have used...nobody was walking on it.
3. While sitting at a red light, waiting for it to turn green, this group of bicyclists come up the shoulder and blow right through it. I didn't really mind too much since it was a three way intersection and they were on the side without a road intersecting it, but still, I can see why drivers don't like bicyclists.
Someone said, "That said, I'd wait till the coast was clear and run the light."
Most states have laws that cover this issue. You have to check your local laws, but often there is a clause that, if a light does not change in a reasonable amount of time the vehicle operator may proceed so long as there is no cross traffic.
Unfortunately, my observations are that most cyclists are too lazy to stop and just run to light to conserve their momentum.
-Lego
I have noticed recently that some of the sensor lights are including a smaller loop for bicycles, most commonly where there is a defined bike lane on the road.
In the past, I have had no problem treating the red light as a stop sign for going straight; the case that concerns me is on the left turn lanes, especially when there is sufficient traffic going straight through in the other direction. That makes it pretty much essential to use the pedestrian crossing button to get across.
I believe that the bigger issue here in the US though is the sheer number of stop signs and traffic lights in use. Aside from the electricity to power the lights (which can be reduced significantly with LED technology), the amount of fuel burnt by all the stopping and starting must be very high. I suspect that a very significant contribution to removing CO2 emissions from cars could be had by using more yield signs at intersections, and installing roundabouts, which aim to keep traffic of all kinds flowing smoothly when possible, instead of 4-way stops or lights. And that would benefit cyclists in many cases too since they can often flow right through without stopping, legally.
Keep in mind how many stop signs and traffic signals were installed due to carelessness and excessive speed of automobiles.
Before the signage/signals were installed it would've been mostly safe and effective most of the time ... but now it is illegal to simply proceed carefully. This is particularly relevant with residential stop signs ... used to slow down the inconsiderate motorists!
So, to impose what is in many cases an unnecessary stop (and wait) on a cyclist who was not (and still is not) the original problem is simply inappropriate. At a secondary traffic signal, if there are no other motorists (to annoy) then just go through!
I certainly agree with stopping at traffic signals at intersections, if only to earn the respect of motorists ... I have done so for my many years of commuter cycling.
Elepski, you gotta be kidding...
@ Elepski:
"Alternative fuel vehicles owners are forced to pay road taxes as they don't use or buy petrol."
I too hope you were joking. The same argument could be made about any tax-paying citizen that has no children, yet still pays school district taxes. Who wants to educate our future anyways?
@ the author: very well written article. I came across one of these stoplights yesterday. After a 1 or 2 minute wait, I crossed after observing no cross traffic.
Alternative fuel vehicles do not pay as much for taxes for transportation. The truth is that only large vehicles and weather damage roads to any appreciable extent. Small cars that use gasoline have been subsidizing large vehicles and trucks since taxes started being used for transportation.
Now if you say that gasoline taxes are used for something else (like car insurance), that would be a different story.
I think that bikers should be able to treat all stop signs as yield signs. I know that I would probably still slow down as much as most cars do.
something similar happened to me this morning on the way to work. I was caught at a red light with a sensor, BUT there was a car behind me. the problem was that the car (not being educated in how to interact with bicycles) stopped so far behind me that it didn't trigger the sensor either. I would have just proceeded through the light when traffic was clear, but I didn't want to send the wrong message to the driver behind me that cyclists don't obey traffic laws. Instead the driver and a few behind them may have been just as peeved that I was slowing them down at the light.
As mentioned before, bicycles can proceed through red lights that do not turn.
From the Pennsylvania Bicycle Driver's Manual, Chapter Nine
WHEN TRAFFIC LIGHTS DON'T TURN
Always stop and wait for red lights. You not only ensure your safety, but also increase respect for cyclists as law-abiding road users.
But some traffic lights don’t turn green until they receive a signal from a metal detector buried in the pavement. A bicycle doesn’t have enough metal to make many of them work.
Recognize the detector by a square or octagonal pattern of thin lines in the pavement, where slots were cut for the detecting wires. The detector is most sensitive if you ride along one of the wires.
If your bike doesn’t trip the detector, you have to wait for a car to do it, or else you have to go through the red light. Going through the red isn’t against the law, because the light is defective. Refer to Sections of Title 75 (Vehicle Code in this pamplet) pertaining to pedalcycles Section 3112.
Our cyclists' advocacy group in Nanaimo, BC convinced the City Engineering Department to tune all the (city-owned) traffic sensors so that they would detect bicycles. They used a metal detector to find the "sweet spot" and painted a small bicycle symbol. If there has been no cross-traffic for about 30 seconds, some of the lights actually "go green" without the cyclist having to stop.
Minor quibble: the sensors are not "magnetic", they measure the changes in a weak current circulating in the loops. I've found that a "reluctant" sensor can often be triggered simply by putting the cleat in my shoe directly above the wire.