US states could make it illegal to harass cyclists

[minhster]

Laws forbidding the harassment of cyclists could make it into the statute books if plans in Mississippi and Los Angeles come to fruition – following in the wake of similar legislation passed in other US states and cities in 2009.

Mississippi cyclists have been pushing for such bike-friendly legislation for three years, and next year they anticipate success at last. Meanwhile in Los Angeles, a similar law seems to be making steady progress ahead of a crucial vote in January 2010.

If passed, the Mississippi bill will give riders protection from harassment by motorists, but it will also set out responsibilities for cyclists, such as using hand signals, having the proper equipment (ie. lights) and not riding more than two abreast.

Rich Adair, former president of the state's Jackson Metro cycling club, said harassment was common. "We're competing for the same space, and cars see us as competition," he said. "We have a problem with cars swerving at us or having items thrown at us."

One criticism of the proposed law is that it would fail to define a legal minimum passing distance – something that is already in force elsewhere in the US (see below).

Los Angeles City Council's transportation committee has also been considering a 'bicyclist anti-harassment ordinance', which is likely to be voted on in January 2010.

A good summary of the need for such a law came from council member Bill Rosendahl, who said: "... As more people use bicycles, there has been an increase in the number of clashes between cyclists and automobiles. Bicyclists report that they have been bumped off the road, screamed at by drivers and had objects thrown at them. Occasionally, these situations have resulted in serious verbal altercations and physical assaults."

Across the US, pro-cycling laws have been bolstered in several other states this year. In May, the Colorado Bike Safety Bill was passed, which made harassing cyclists – harassing is defined as 'projecting any missile', and that can be an object or substance – a Class 2 misdemeanour and requires motorists to give cyclists 3ft of clearance when passing.

The legislation says cyclists must ride as far right as they feel is safe, and may pass one another or ride side-by-side if they are not impeding normal traffic movement.

The town of Columbia, Missouri also passed anti-harassment laws in 2009. In addition to the 'missile' offence there are also laws relating to threatening behaviour, sounding a horn or shouting and any other conduct that 'creates a risk of death or serious physical injury' to a cyclist. Harassment here is classed as a Class A misdemeanor.

For those not familiar with US law, misdemeanors are a lesser form of criminal offence (felonies being the more serious). However, Columbia's Class A misdemeanor offence carries a stiff fine or up to a year in jail.

Have you suffered harassment simply because you are a cyclist – whichever side of the Atlantic you are? Would protective laws help, and if so what kind? Let BikeRadar know your views below...

[dstepper]

Bummer I get harassed almost every ride by my friends and visa-versa. I am stopping riding if I can harass Mr. Pain Freak during a ride.

[BoingBoing]

Dean's right. If harassing cyclists becomes a crime, STR will be shut down!

[dgaspar]

I have mixed feelings about laws like this. Pretty much everything that would be considered harassment is already against the law and is usually either a misdemeanor or felony. I don't know the full text of the proposed laws but I question the need to pass even more laws when the existing laws, if sufficiently enforced, may be enough.

[Burner]

what about sexual harassment of cyclists?

[Zippy]

Originally Posted by Burner

what about sexual harassment of cyclists?

It has to be unwanted in order for it to be considered harassment.

[Fewinhibitions]

Originally Posted by dgaspar

I have mixed feelings about laws like this. Pretty much everything that would be considered harassment is already against the law and is usually either a misdemeanor or felony. I don't know the full text of the proposed laws but I question the need to pass even more laws when the existing laws, if sufficiently enforced, may be enough.

I think the last thing we need to do is pass more laws And yes, we need to step up greater enforcement of the existing laws.

But I also think new laws such as these are more to make it stick in peoples minds by reminding them that this type of behavior will not be tolerated. To serve as a new warning, if you will.

The existing laws for this are mostly unknown/forgotten by the general public.

[dgaspar]

Originally Posted by Fewinhibitions

I think the last thing we need to do is pass more laws And yes, we need to step up greater enforcement of the existing laws.

But I also think new laws such as these are more to make it stick in peoples minds by reminding them that this type of behavior will not be tolerated. To serve as a new warning, if you will.

The existing laws for this are mostly unknown/forgotten by the general public.

Fair enough. But if a message is what is really desired, I wonder if that same message can't be made by the police/sheriff/DA publicly announcing stepped up enforcement of existing laws. I don't know, just thinking aloud.

[Fewinhibitions]

Originally Posted by dgaspar

Fair enough. But if a message is what is really desired, I wonder if that same message can't be made by the police/sheriff/DA publicly announcing stepped up enforcement of existing laws. I don't know, just thinking aloud.

I hear ya.Although maybe announcing a stepped up campaign is like the DUI roadblocks - folks take notice, but after the holiday is over, folks pretty much forget about it.

With new laws on the mind, they know they can get nailed at any time, not just on "special" occasions.

I don't know if these new laws will help or hurt.

As the wise man said "we'll see."

Plan for the worst, hope for the best.

I think it is also to give cyclists some teeth legal standing-wise, as these laws are very specific to cyclists and to "traffic" in general.

[OVOleg]

This is partly why I took up MTB'ing. People on the road just dont care that you're there and will generally try to get out of your way but I've had alot of close calls and I've been hit twice.

MTB'ing = you avoid the douche drivers

[KBL]

Originally Posted by OVOleg

This is partly why I took up MTB'ing. People on the road just dont care that you're there and will generally try to get out of your way but I've had alot of close calls and I've been hit twice.

MTB'ing = you avoid the douche drivers

True dat.

I live close to Turnbull Canyon and I've had more problems on the short street ride to and from the trailhead than I've ever had once I'm in the dirt.

The trails in Turnbull can get crowded with different types of trail users, but since no one's flying by in a car things are much more tranquil...and safer.

[OVOleg]

Originally Posted by KBL

True dat.

I live close to Turnbull Canyon and I've had more problems on the short street ride to and from the trailhead than I've ever had once I'm in the dirt.

The trails in Turnbull can get crowded with different types of trail users, but since no one's flying by in a car things are much more tranquil...and safer.

Its even worse when you get hit, the drivers are so stupid they think they just got into a fender bender with another car.

The dude broke my wrist and says "how about $300 and we pretend this never happened"

I nearly went ape sh8t. The guy is lucky the paramedic was there to calm me down.

[Margaritaman]

I'd rather see some sort of information campaign with commercials, billboards, etc. And explain the penalties for inappropriate action.

Even with that being said though I still see plenty of riders that don't help themselves and challenge many a driver. As a rider, you can do whatever you want, me, I've got a wonderful wife and daughter to come home to. When I'm on the road the ego stays at home (except when the challenge comes from a fellow rider ).

[Croker]

Hmm...I'm not sure how additional penal laws could prevent the most common "harassment" bicyclists receive....hand gestures and verbal altercations.

California Penal Code Section 415.1: "Any person who unlawfully fights in a public place or challenges another person in a public place to fight," and PC415.3: "Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction." These are misdemeanor offenses. Problem is, if a misdemeanor offense does not actually occur in the presence of a police officer, it generally requires a Citizen's Arrest and a desire for prosecution by the "victim."

A driver exiting his/her car, confronting a bicyclist and yelling "I'm gonna beat your lycra-clad ass, you f-ing little sh*t" could meet the parameters of the above penal code. However, usually the confrontation stops there with no physical violence and the driver jumps back in his/her car and speeds away. By the time police arrive, everybody involved is gone, with only vague descriptions.

Even if the bicyclist or even both parties remain at the scene and are contacted by police, it is difficult to determine a "victim" to provide the necessary details to effect an arrest for the public disturbance misdemeanor. Even if police can clearly establish the PC415, sometimes it simply boils down to no-one involved desiring prosecution and being willing to sign a Citizen's Arrest.

For altercations involving violence, such as the driver of a car intentionally attempting to, or actually indeed striking a bicyclist with their vehicle, that's a felony under PC245(a)(1) "Assault With a Deadly Weapon" in California. This can also be enhanced by a California Vehicle Code providing driver's license suspension reference "road rage" on top of the penalties for the PC violation. The level of injuries sustained by the bicyclist can also add extra felonies up to and including vehicular manslaughter and even murder. Also applies to passing cars throwing objects like bottles and such at bicyclists.

The scenario where a driver intentionally attempts to or actually hits a bicyclist is a serious felony crime. If you are riding in a group or even solo, and a driver does something like this, do your best to get a good description of the car: make, model, color, license plate number, damage to the vehicle, last known direction of travel. Also the driver and any passengers: age, gender, race, hair, facial hair, hats, clothing. If there were passerbys - either other motorists or people walking - who saw what happened, get them to stop and wait for police or at least get their name and telephone number.

I think the biggest factor is bicyclists don't report these incidents, unless someone is injured. If you want police to focus on motorist/bicyclist altercations in your area, police need to know there is a problem and this is done by reporting. Obviously, you won't get much positive attention if you call 911 every time a passing motorist yells "f-you" out the window. But, if cars are driving into a bicycle lane occupied by bicyclists on a certain stretch of road on a regular basis, or there is an area of town where real harassment is an everyday event, a call to the "non-emergency" number of your local agency and a request for some focused patrol/traffic enforcement lets police know there is a problem they can go after. Try and give as much detail as possible!

Just my $2 worth...

[bwolmarans]

Originally Posted by dgaspar

Fair enough. But if a message is what is really desired, I wonder if that same message can't be made by the police/sheriff/DA publicly announcing stepped up enforcement of existing laws. I don't know, just thinking aloud.

The government is paid to create new (mostly redundant) laws non-stop and they do so every minute of every working day. I look at it as at least time they're creating one that may benefit me!

[dirtmistress]

Originally Posted by Burner

what about sexual harassment of cyclists?

I've told you before! Leave me alone!!

[Burner]

Originally Posted by dirtmistress

I've told you before! Leave me alone!!

and I've told you before, I can convert you, I just need a few minutes with your big hairy


















chin

[Pain Freak]

Originally Posted by Burner

what about sexual harassment of cyclists?

The restraining order is still in effect, you know?

[eteamer]

Here in HB, we're working on an anti spandex law. "If you seat causes your butt to be above your head, then you must ride backwards"