-=> Quoting Richard Glazer to Bill Piehler <=-
 RG> A while back My friends and I were stopped by the police because we
 RG> were riding our bikes on the road rather than on the bike lane. Parts
 RG> of the bike lane went up and down sidewalks and those next to the road
 RG> would gather debris. I'm not sure if you've ridden on lanes going up
 RG> and down sidewalks, but if you are going at a good speed you can easily
 RG> lose control of the bike. Well we tried to explain this to the officer
 RG> to no avail. We were told either to use the bikelane on the sidewalk or
 RG> get a ticket. I was wonder if they had the right to force a cyclist to
 RG> use the bike path if the rider deemed them dangereous??
I can't tell you what the situation there is.
Around these parts it gets curiouser and curiouser.  First, since a bicycle
is a vehicle, it is "lawful" to ride it in the _roadway_ regardless of
whether or not there is a bike lane unless there is some posted notice
otherwise.
Second, there is a liability problem (especially in the circumstance you
mention) for the governmental agency which _prohibits_ bicycles from the
roadway and _requires_ them to use an unsafe bike lane.  (And bike lanes are
inherently unsafe.)  In your example, the municipality's liability is
particularly acute because, if they are going to require you to ride the bike
lane, they have a duty to maintain that bike lane in a safe condition . . .
failure to do so becomes gross negligence that endangers the public safety.
I would suggest to you that you write letters to the mayor, city council,
city attorney and chief of police pointing out to them the hazards of the
bike lane, including of those of falls caused by hazards.  Not only should
mention specific problems related to the design and maintenance of the lane,
but also the general safety hazards presented to bicyclists by bike lanes.
These problems, along with back up studies and statistics, are set forth in
Richard Foster's "Effective Cycling."  First,  they include the fact that
traffic accidents (including those involving bicycles) typically occur at
intersections and what with streets, entrance ways, drive ways etc. crossing
the bike lane, the potential sites of car/bike collisions are increased (not
reduced).  Secondly, next to "restart" (i.e., conflicts at stop signs and
traffic lights) the most common type of collision (including those involving
bicycles) involves turning . . . e.g., turning vehicles "cutting in front" of
vehicles (e.g., a bicycle) proceding straight.  These sorts of collisions are
more likely for bicyclists riding in a bike lane.  Third, probably the
greatest safety factor for bicycles is that of visibility and by forcing the
bicycle into a bike lane, the bicycle's visibility to automobiles is
drastically reduced thus greatly increasing the risk of the collisions
between cars and bicycles at "intersections."
Get other bicyclists to write similar letters.  Keep copies.  The effort
might well be a project of a local bicycle club that would keep copies of all
the letters written.  If anyone is injured riding a bicycle in the bike lane,
make those letters available to the bicyclist's attorney.  The fact that
bicyclists had been making city officials aware of the dangers only increases
their liability in court.
What can happen before someone gets hurt is that the city attorney will look
at the case law on the subject and decide that even under the best of
circumstances, the legal risks of liability to the city if they attempt to
force bicyclists to use the bike lanes against the better judgment of the
bicyclist are simply too great and the city council and police department
will be advised to drop any such attempt.  (And, of course, if someone gets
hurt and sues the city with all that letter evidence you provided, the city
attorney will INSIST the council and police drop all such future efforts.) 
Then the situation changes from one where one was forced to ride an unsafe
bike lane against one's will to one where one rides such lanes volunatarily
and assumes the risk (as one does riding in the street).
It is probably not a good idea to argue the law with the policeman.  If you
have such an encounter, listen politely to him.  At most calmly and politely
point out to him the hazardous condition of the bike lane.  Get his badge
number.  Procede from the place you were stopped in whatever manner appears
in your judgment to be reasonable and prudent . . . perhaps even walking your
bike to avoid actual arrest.  Add a letter to your collection to the chief of
police describing the incident and giving the officer's badge number (with
copies to the mayor and city council) and outlining the dangers of the bike
lane.  The result will probably be the chief advising the officer to pursue
more dangerous criminals in the future than bicyclists riding in the street.
Most cities and municipalities in the U.S. are repealing ordinances that
require bicyclists to use bike lanes on advice of their attornies.
    ===  ==== =   _@
    Ken Peck +  _ \<._
    =========  (_)/ (_)   Kenneth_Peck@clr.com
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