http://www.washingtonpost.com/local/dc-police-need-to-be-better-versed-in-bicycle-laws-complaints-board-says/2011/09/29/gIQAJKIQ8K_story.html?wpisrc=nl_headlines

By Ashley Halsey
III<http://www.washingtonpost.com/ashley-halsey-iii/2011/05/26/AGriQzBH_page.html>,
Published: September 29

A car door swings open and a passing cyclist hits it.

A car comes abreast of a bike rider and makes a right turn. They collide.

A car overtaking a cyclist clips the rider from behind.

Who is at fault?

In the District, the police are often confused, and when they are they tend
to get it wrong.

That was the general conclusion of the District’s Police Complaints
Board<http://www.policecomplaints.dc.gov/occr/cwp/view,a,3,q,495449.asp>,
which recommended Thursday that D.C.
police<http://mpdc.dc.gov/mpdc/site/default.asp>officers become better
versed in the bike laws they enforce.

Too often, bike advocates have testified, police have cited cyclists after
car-door collisions in which the rider violated no law. They have invoked a
“riding abreast” law to ticket cyclists who
collide<http://www.washingtonpost.com/wp-dyn/content/article/2008/07/08/AR2008070800975.html>with
right-turning cars, although that law applies only to bikes riding
side
by side.

“We’ll frequently see citations for illegal passing or hazardous driving or
riding abreast, none of which apply [to the circumstances], and the cyclist
is doing exactly what they should be doing,” said Shane Farthing, executive
director of the Washington Area Bicyclist
Association<http://www.waba.org/index.php>.
“But because the officer may not be familiar with the way the laws apply to
a bicyclist, then they cite the bicyclist.”

A police citation may prevent a cyclist from being compensated for injuries
from a 
crash<http://www.washingtonpost.com/blogs/post_now/post/bicyclist-struck-in-northwest-washington/2011/06/07/AGnesPLH_blog.html>,
he said.

Farthing was among those who testified before a D.C. Council committee
hearing on cycling in February. The committee chairman,
<http://www.dccouncil.us/mendelson/>Phil
Mendels <http://www.dccouncil.us/mendelson/>on (D-At Large), passed on the
testimony to the complaints board. The four-member board — which includes
Patrick A. Burke, an assistant police chief — delivered a nine-page report
on the subject to Mayor Vincent C. Gray
(D)<http://www.whorunsgov.com/Profiles/Vincent_C._Gray>and Police
Chief Cathy L. Lanier on Thursday. Mendelson has scheduled a Nov.
2 hearing to revisit the subject.

“I’m really happy to see that they’ve taken this seriously and that they’ve
really dug into the issue and referred it over so that the police,
hopefully, can do the same,” Farthing said. “This is a finding of real
systemic problems, so I hope that empowers Councilman Mendelson to go
further in demanding accountability. ”

Bicycling has become an increasingly popular mode of transportation and
recreation in the District, encouraged by the
expansion<http://www.washingtonpost.com/wp-dyn/content/article/2010/12/24/AR2010122402723.html>of
dedicated
<http://www.washingtonpost.com/wp-dyn/content/article/2010/03/10/AR2010031002663.html>
bike
la<http://www.washingtonpost.com/wp-dyn/content/article/2010/03/10/AR2010031002663.html>nes
from three miles in 2000 to a network of 50
miles<http://www.washingtonpost.com/wp-dyn/content/article/2010/06/22/AR2010062204922.html>.
More than 25 percent of District households do not own a
car<http://www.washingtonpost.com/wp-dyn/content/article/2010/12/15/AR2010121507260.html>
.

The complaints board recommended that officers be allowed to delay
submission of their accident reports until they have interviewed the
cyclist, who sometimes ends up in a
hospital<http://voices.washingtonpost.com/local-breaking-news/crime-and-public-safety/bicyclist-struck-on-14th-stree.html>after
colliding with a car; that accident report forms be revised to provide
more accurate options; that officers receive additional training and testing
on bike laws; and that the police department strengthen its partnership with
the District’s Bicycle Advisory Council <http://dcbac.wordpress.com/>.

The police department “should change its method of investigating
bicycle-motor vehicle crashes in order to provide appropriate safeguards for
bicyclists who are injured,” the board said in its report.

The board also recommended that officers ticket drivers who stop or park in
bike lanes.

The D.C. Council also has under consideration a
measure<http://www.waba.org/advocacy/documents/wells_sept20_bicycleassaultprevention.pdf>that
has won approval in other cities that gives bicyclists the right to
take a 
<http://www.washingtonpost.com/wp-dyn/content/article/2010/11/20/AR2010112002942.html>driver
to civil 
c<http://www.washingtonpost.com/wp-dyn/content/article/2010/11/20/AR2010112002942.html>ourt
to recover damages for harassment, assault and battery. The bill received
particular attention after an Aug. 31 incident, recorded on
video<http://www.waba.org/advocacy/anti-assault.php>,
in which the driver of a pickup truck allegedly harassed and then struck a
cyclist. The police department used the video to track down the driver, but
no charges were brought.

John B. Townsend II of AAA said the board’s recommendations made sense.
“There needs to be a greater sensitivity not only with law enforcement but
also with motorists,” Townsend said. “The people who ride bicycles are as
much entitled to the road as is anyone else.”

* *


-- 
"Unions have a secure place in our industrial life.  Only a handful of
reactionaries harbor the ugly thought of breaking unions and depriving
working men and women of the right to join the union of their choice."

--(Republican) President Dwight Eisenhower, 1954
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