Using enforcement to promote bicycle
safety
Although the concept of law enforcement
for bicycle safety is not a new one, in recent years, it has gained increased
attention from the National Highway Traffic Safety Administration (NHTSA).
In its ongoing efforts to ensure the safety of America's roadways, NHTSA
has embarked upon a campaign to encourage law enforcement officers to take
enforcement action against cyclists and motorists who break the law, placing
themselves and other road users in danger. Although it is usually perceived
otherwise, enforcement is often more about education than punishment. Very
few states, if any, have a history of mandating safe cycling education or
including a segment on dealing with cyclists in driver education programs.
Relatively few police officers are familiar with the traffic laws governing
cycling, and they typically are neither trained nor encouraged to enforce
those laws. Bike officers are the exception. Because they ride, they are
intimately familiar with bike laws in their jurisdictions. They are often
called upon to provide bicycle safety education. They may even be more likely
to use enforcement - with or without the encouragement of their agencies
- because they understand the potentially deadly consequences of ignoring
the unsafe behavior of cyclists or motorists.
But that's not enough. The challenge NHTSA faces is how to get the rest of
the law enforcement community thinking about bikes. Every department has
its own set of priorities, and NHTSA would like to see this become one of
them. Bike officers are uniquely positioned to not only engage in enforcement
actions themselves, but also to encourage other officers within their agencies
to do the same. Here are a few tools that can help.
The Law Officer's Guide to Bicycle Safety
Massachusetts Bicycle Coalition,
www.massbike.org
Overview
In 2002, the National Highway Traffic Safety Administration (NHTSA) awarded
a grant to MassBike to develop a national program to educate police departments
about laws relating to bicyclists. Initial seed money for the project was
provided by the Charles River Wheelmen. The program is intended to be taught
by law enforcement officers to law enforcement officers as a stand-alone
resource. The major objective of the program is to give law enforcement officers
of all backgrounds the tools they need to properly enforce the laws that
affect bicyclists. The program focuses on all police officers, including
those who may not be interested in bicycling or who are not able to attend
in-depth trainings. The program will also be useful to police departments
who wish to do outreach to the bicycling community or other organizations.
NHTSA is currently restructuring the program so that police can receive
continuing education credit for completing it. The materials MassBike developed
are available at www.massbike.org for free downloading by interested citizens,
officers, and advocacy groups.
Program Materials
The program is self-administered in an electronic (PowerPoint) multi-media
presentation (incorporated videos). The training can be offered in a number
of ways: 1) a single block of instruction as part of an annual training day,
in-service training, or basic training - total training time two hours; 2)
multiple segments as part of roll-call briefings; or 3) self-study guide
done at law officers' individual workstations. The course includes reference
material and handouts for police departments, including safety tips for cyclists
and motorists. It describes bicycle-related traffic laws in detail, explains
why they should be enforced, and covers crash investigation. It includes
statistics and bicycling facts, segments such as "Ticketing Motorists,"
"Bicyclists are Drivers," "Position on Roadway," and clarification of the
limited applicability and redundancy of the "Far Right Rule." The presentation
incorporates video clips illustrating such topics as door zone and sidewalk
dangers, as well as video showing Cambridge (Mass.) police officers enforcing
the law in real-life situations. To allow for variations in laws from state
to state, this program has provided sections within the PowerPoint presentation
that are to be customized by the instructor.
Target Audience
The course is "Bicycling 101" for law enforcement officers. It is intended
to embrace a non-cycling audience and/or those with an interest but who are
not able to attend in-depth trainings. The program will also be useful to
police departments who wish to do outreach to the bicycle community or other
organizations.
Here's what a few police officers have to say about the program:
"Just taking the class will increase my awareness of bicycles on the roadways.
I believe I will be more inclined to take enforcement actions now than I
was in the past."
- police officer, Homewood, Ill.
"I will make an effort to do more enforcement towards bikers who disregard
traffic devices and towards motorists who exhibit dangerous behavior towards
bikers."
- police officer, Ann Arbor, Mich.
"With this knowledge, I will be more inclined to confront the problem and
do my part to reduce injuries and deaths."
- police officer, Wheeling, West Va.
Contact
If you would like a complete CD with all of MassBike's police training materials,
please send a check for $15 to MassBike, 20 Park Plaza, Ste. 528, Boston,
MA 02116, along with a note indicating that you would like to purchase the
CD.
Background
The program was designed and drafted by the Massachusetts Bicycle Coalition
with the assistance of a Technical Working Group as part of NHTSA's National
Strategies to Advancing Bicycle Safety. The Technical Working Group gave
input as to how to prioritize different skills and priorities were chosen
based on statistics showing that by riding on the right side of the street
and obeying traffic control devices, cyclists could help prevent accidents.
Special appreciation goes to the following individuals and organizations
for their help in creating the program materials:
Steve McCauley, USA Cycling, past IPMBA Instructor
Laura Hallam, Florida Bicycle Association
Robbie Webber, Bicycle Federation of Wisconsin
Lieutenant Joe Wolff, NYPD Traffic Control Division
Peter Flucke, WE Bike, current IPMBA member
Jared Katz, Law Enforcement Bicycle Assn.
Mike Klasmeier, League of American Bicyclists
Maureen Becker, International Police Mountain Bike Association
Kirby Beck, Coon Rapids PD, current IPMBA Instructor
John Allen, MassBike
Paul Schimek, MassBike
Turil Cronburg, MassBike
Don Dupray, Hamilton (Mass.) PD
Ross Panacopoulous, Mass. State Police
Joanne Pruitt-Thunder, Wisconsin DOT
Josh Lehman, Massachusetts Highway Dept.
Kathy Vonk, Ann Arbor (Mich.) PD, current IPMBA Instructor
Kathy Murphy, Cambridge (Mass.) PD
Bernie Hogancamp, Homewood PD (Ill.), current IPMBA Instructor
Perry Ahlfinger, Thornton PD (Colo.), past IPMBA Instructor
Christopher Hawk, UIUC Police Department (Ill.), past IPMBA Instructor
Monte May, KCMO Police Dept., IPMBA Instructor and current IPMBA president
Tracy Lee and Keith Cook (past IPMBA Instructor), Broken Arrow Police Department
(Okla.)
Phil Redford, Wheeling Police Department (West Va.), past IPMBA Instructor
Becka Roolf, Vermont Bicycle and Pedestrian Coalition
Jeff Miller, Bicycle Coalition of Maine
Tim Baldwin, MassBike
Paula Bawer, NHTSA
Marietta Bowen, NHTSA
Law Enforcement Guide to Bicycle Awareness
Florida Bicycle Association,
www.floridabicycle.org
Overview
Florida Bicycle Association and Florida Department of Transportation have
begun a statewide education campaign for law enforcement professionals focused
on bicycling traffic law offenders as it relates to injuries and fatalities.
This program is an ongoing commitment to educate law enforcement officers
and help them to be a positive force in crash and injury reduction.
Bicycle law enforcement training will improve voluntary compliance with Florida's
traffic laws. Another incentive for officers to enforce laws for bicyclists
is that they may catch criminal offenders during routine traffic stops.
Enforcement is important to promote safety (crash avoidance), prevent injuries
and fatalities, and reduce time spent on crash investigation.
The tools developed in this program can easily be adapted for use in other
states.
Program Materials
Florida Bicycle Law Enforcement Guide (on the website under "Cyclists'
Rights & Responsibilities")
Driver's Ed for Bikes 'N Ped Handbook and Video (Everyone Has a Story)
Ride on By Bicycle Law Enforcement Video (www.seidlerproductions.com)
Understanding Bicycle Law Enforcement Video
Ride on By Motorist Law Enforcement Video (Summer 2005 release)
Law Enforcement Training Program (to be developed Fall 2005-Winter 2006)
Topics Covered
The program centers around helping law enforcement officers enforce traffic
laws, explaining the nuances of the rules of the road, reducing crashes,
and making the roads safer. Segments include: crash statistics, state laws,
laws in action, crash investigation, key violations by motorists and cyclists
and their relationships to crashes, and enforcement.
Background
The trend of Florida having one of the worst bicycle crash rates has continued,
especially regarding fatalities. Many crash-related injuries and deaths are
caused by cyclist error. Because there is no protection for the cyclist,
the rate of serious injury or death from crashes is very high. The main cause
of crashes was wrong-way riding (facing traffic), resulting in 17% of all
car/bike crashes. Overall, 70% of bicycle/car crashes were the fault of the
cyclist. By training and encouraging law enforcement officers to enforce
the laws as they relate to bicycles, FBA hopes to further their efforts to
reduce the number of crashes, injuries, and fatalities.
Contact
Florida Bicycle Association, PO Box 718, Waldo FL 32694-0718 /
www.floridabicycle.org
/ laura@floridabicycle.org
/ 352-468-3430.
Community Bicycle Safety for Law Enforcement
National Highway Traffic Safety Administration (NHTSA),
www.nhtsa.dot.gov
Overview
This is a two-day course for law enforcement officers who are interested
in learning to work with various groups, organizations and individuals in
their communities that are working to improve bicycle safety.
Topics Covered
Day 1: Why and where people bicycle, the highway safety triangle, engineering
for bicycle safety, education for bicycle safety, enforcement for bicycle
safety, bicycle handling skills, your role in bicycle safety.
Day 2: Problem identification, bicycle safety self-assessment, department
bicycle safety assessment, characteristics of good bicycle safety programs,
creating a community bicycle safety program, building community partnerships,
and promoting your bicycle safety program.
Format
Instructor-led; open to all law enforcement officers interested in working
with their communities to encourage bicycling and improve bicycle safety.
Contact
The National Highway Safety Administration (NHTSA)/Safety Countermeasures
Division
(NTI-121) Bicycle Safety Program/400 7th St. S.W., Washington, D.C.
20590/Contact: Paula Bawer,
paula.bawer@nhtsa.dot.gov or
202-366-2692.
Instructors
For a list of instructors and contact information, visit
www.bicyclinginfo.org/ee/enforce_officer04.htm.
Enforcement for Bicycle Safety
Wisconsin Department of Transportation
Overview
This two-day, instructor-led course is designed to give law enforcement officers
the basic bicycle safety information that they need to manage traffic and
provide a safe bicycling environment in their communities. This course teaches
officers which laws to enforce and how to enforce them to improve bicycle
safety.
Topics Covered
Topics covered include: bicycle history, bicycle types, why and where people
bicycle, the highway safety triangle, engineering, bicycle crashes, enforcement,
laws, crash investigation and reporting, education, bicycle theft, bicycle
registration, police bike patrols, on-bike training, organizations and contacts.
Format
This course is instructor-led and includes both classroom and on-bike sessions.
It is open to all law enforcement entities for a fee, which covers instruction
and materials.
Contact
Larry Corsi, Wisconsin Department of Transportation/Bureau of Transportation
Safety, 4802 Sheboygan Ave./PO Box 7936 Rm. 933/Madison WI 53707-7936,(608)
266-0402 (phone), (608) 267-0441 (fax).
Bicycle Safety Roll Call Video
National Highway Transportation Safety Administration (NHTSA),
www.nhtsa.dot.gov
Overview
This is a new initiative for FY05 and will be a 5-6 minute video to be utilized
for law enforcement roll-call. IPMBA has been asked to play an active role
in the development of this video.
Format
Video (Expected Fall 2006)
Practical Tips for Enforcement-Based Education
Bicycle riders are usually the focus when police think of enforcing bicycle
laws. We've all seen riders running red lights, riding on the sidewalk, or
riding at night without lights and wanted them to be stopped and ticketed!
However, many bicycle crashes are caused by the bad behavior of motorists,
and drivers may not realize the impact of riding too close to a cyclist or
speeding past a rider just to cut in front of them and make a right turn.
Good law enforcement strategies will target both cyclist and motorist and
will focus on behaviors that cause the greatest fear or danger.
What Role can Law Enforcement Play in Bicycle Safety?
· Most crashes can be avoided if both bicyclists and motorists follow
the rules of the road. Heightened awareness of these rules among law officers
can lead to: enforcing of laws, modeling of good behaviors and recognizing
and taking advantage of teachable moments with both bicycles and motorists.
The ultimate goal is to prevent crashes and enhance traffic safety.
· Bicycles are legal vehicles and, unless specifically prohibited, can
be expected on all roadways. Law enforcement officers come in contact with
bicyclists on a daily basis and are expected to be experts on bicycle safety.
· Law enforcement officers are the only ones who can enforce laws, both
for bicyclists and motorists.
· Law enforcement officers are in a unique position to assist with and
add credibility to community efforts to encourage bicycling and improve bicycle
safety. However, most officers do not possess the bicycle safety knowledge
or the community assessment skills necessary to do this job.
What is the Value of Law Enforcement Training?
· Most officers have never received any bicycle specific training. How
do police officers know which laws to enforce, both for bicyclists and motorists,
to improve bicycle safety if they do not know about the leading causes of
bicycle crashes?
· By increasing knowledge of the rules of the road for bicyclists and
for motorists relating to bicyclists, law enforcement officers can better
serve the community and potentially save a life.
Challenges to Taking Action - Common Beliefs
Police have better things to worry about: terrorism, gangs, crashes, and
crimes-what's the big deal? Why bring bicycles into this?
· Law Enforcement must also include PREVENTION. Anticipating high-risk
behaviors that can lead to terrorism, gang behavior, crimes, and crashes,
INCLUDING crashes involving BICYCLES, is part of their mission.
· A bicycle is considered a vehicle and is bound by the same laws as
other vehicles, e.g., riding with traffic, obeying red lights and stop signs.
· Motorists must treat bicyclists with the same respect as other motorists.
Police Officers are already overworked-why give these folks more to
worry about? There are only so many hours in a day and they can be better
spent.
· Knowledge leads to thinking about every day in a different light.
In this case, it means greater awareness of situations that could lead to
a crash. Since bicyclists are more vulnerable if they are hit - no safety
belt, no steel exterior to take the brunt of a hit - safe behavior is essential.
· With more knowledge, police can incorporate the laws as they apply
to their everyday activity in law enforcement and direct bicyclists and motorists
to safer behaviors that can prevent crashes.
What are you asking a police officer to do - ticket a kid?
· Most enforcement actions do not result in a citation. Law enforcement
officers are trained to use the least amount of force necessary to gain
compliance with the law. Enforcement options include positive reinforcement,
verbal and written warnings and yes, finally, citations.
· Tickets are seldom effective in changing a child's behavior, especially
young children. A firm reminder about the rules of the road from an officer
is generally sufficient.
Adults aren't wearing helmets - I didn't wear a helmet when I was a
kid - it should be up to the parents to decide; government and law enforcement
should stay out of it.
· Bicycling is not unreasonably dangerous but it is not without its
risks. Regardless of the law in your area, bicycle helmets do save lives
and prevent traumatic brain injury (TBI).
· According to the National Institutes of Health (NIH), each case of
TBI costs $125,000 in rehabilitation, social services, insurance and other
disability costs. These are costs we all have to pay because someone did
not put a bicycle helmet on AND wear it correctly.
Areas of Enforcement
Violations of traffic laws that place cyclists at risk can be committed by
both cyclists and motorists. Here are some important considerations for officers
involved with enforcement action with both types of road users.
The Bicyclist
Bicycle riders sometimes contribute to their being involved in a crash. Some
ride at night without lights. They may make themselves more difficult to
see by wearing dark garments. They may ride the wrong direction in the traffic
lanes. Even if they ride on the sidewalk, which is not legal in most places,
traveling counter to the traffic lane on the adjacent street might result
in them surprising a motorist who is often looking only for slow-moving
pedestrians and searching for cars.
They may drive through stop signs and red lights. Sometimes they may be dealing
with a signal that won't detect a bicycle, or a stop sign placed at the bottom
of a long hill that the cyclist would just as soon attack without losing
momentum. Regardless, the sudden appearance of the bicyclist can surprise
motorists.
Some bicyclists make sudden or unpredictable turns. Others may not yield
the right-of-way when required.
Problems with Enforcement against the Bicycle Rider
Stopping bicyclists and taking enforcement actions against the rider can
be a problem for a police officer who has not thought through the process.
Highly Mobile - Bicyclists are highly mobile and can be difficult to overtake,
signal and actually stop. The best tool for doing this is another bicycle
and voice or whistle commands. Pursuing a bicyclist by chasing with a motor
vehicle can appear heavy-handed and out of proportion. Once stopped, bicycle
riders feel exposed and can't shrink down in their seat and "disappear" like
a motorist might.
Dealing with a Bicyclist's Identification - Bicycle riders are not required
to carry any identification, much less a formal driver's license. This creates
serious problems. The bicyclist may give a fictitious or altered name. The
officer may have identity questions under any circumstance.
As in any traffic stop where the violator has no ID, the officers should
take detailed notes of the identity information given. After it is all collected,
ask for a repeat. Keep companions separate and then ask for them to verify
the information. Carefully study how the violator begins to sign their name.
Frequently, a violator will give a fictitious name but begin to sign their
true name, since the signature is largely an automatic function! They will
usually freeze after signing a few letters. By then it is too late. On the
other hand, someone slowly laboring through a signature may be writing an
unfamiliar (and false) name. When a cycle messenger is involved, requiring
them to call a supervisor to identify them has proven effective.
Dealing with Children - Many bicycle riders are young children. In most states,
children under age eight are considered incapable of committing an offense
and cannot be cited. Under these circumstances the officer should call the
attention of the parent to the problem.
Dealing with an Anti-automobile or Anti-authoritarian Bicyclist - An occasional
bicyclist will take strong exception to the police challenge to their behavior.
They may verbally abuse the officer. Some of these riders will be strong
advocates of cycling and have strong emotional attachment to their way of
doing things, legal or not. Some will have anti-automobile and anti-authoritarian
ways. A cop in a car will represent both evils. Officers should not debate
such issues but should focus on the specifics of the violation observed.
Pulling over the Bicyclist - More than half of bicycle crashes are caused
by falls. The cyclist is riding too fast for conditions and goes down. Bicyclists
also run into dogs, other cyclists and pedestrians as well as automobiles.
The best approach is a soft one. Ideally, a bicycle officer can ride along
with the cyclist and ask them to stop. An officer in a patrol car can follow
until a cyclist pauses or stops in traffic and then address the rider verbally.
An officer who has reviewed the bicycle and traffic laws should have minimal
difficulty with either group.
Areas of Focus for Enforcement against the Bicyclist
· Driving at night without lights or required reflectors
· Riding the wrong way in a traffic lane or on the wrong side of the
road
· Running a stop sign or red light
· Failing to yield the right-of-way
· Riding out mid-block
· While turning right or left
· Abruptly entering a crosswalk, too fast for the approaching motorist
· Failing to signal an abrupt turn
Some communities have periodic enforcement blitzes, and others may concentrate
enforcement efforts on particular intersections and behaviors in order to
have the maximum impact.
University campuses are frequently the target of enforcement campaigns, and
many campuses have extensive bicycle training and safety programs that include
an enforcement element.
The Motorist
Few motorists go out of their way to deliberately hit or frighten bicyclists.
However, an equally small number really appreciate the impact they can have
on the safety and comfort of those around them who are outside the protection
of a steel cage. Motorists are on the lookout for threats to their safety
and so are scanning for other vehicles; they may not be paying attention
to the cyclist or pedestrian ahead of them in the road. They may not realize
that speeding through a neighborhood prevents people from crossing the street
or feeling comfortable riding up to the shops. When overtaking a bicyclist,
motorists are worried about how close vehicles in the adjacent or oncoming
lanes are rather than how close they are coming to the bicyclist, and they
are certainly in too much of a hurry to stop and wait for a gap in traffic
before pulling out and safely passing a rider.
EVERY police patrol officer should watch for these violations while on routine
patrol and take enforcement action when they observe them.
Problems with Enforcement against the Driver
Unfortunately, the law enforcement officer is most likely having to make
up for the failure of traffic engineers to properly accommodate bicyclists
in roadway design, for the failure to train motorists to deal safely with
bicyclists, or for a lack of bicyclist education. If a bicyclist is "holding
up" a motorist by riding in the middle of the travel lane, the chances are
the bicyclist would be more than happy to be riding in a designated bike
lane or on a paved shoulder, but none exists. Many motorists are uncomfortable
passing a cyclist because they were never really taught how to deal with
that situation when learning to drive.
Bicyclists are often held in quite low esteem by other road users - the image
of the errant cyclist running stop signs and red lights pops easily into
almost everyone's head. Thus, stopping a motorist to cite them for a traffic
violation involving a cyclist is, on the face of it, going to win the officer
very few new friends. Indeed, many motorists will be completely unaware of
what they have done wrong even after being pulled over. The first task for
the officer, therefore, is to make sure the motorist does understand and
appreciate the impact of behavior that causes danger to a bicyclist. If the
driver seems to get the message, a warning may be all that is necessary.
Some drivers, however, will not get it. They will steadfastly refuse to accept
that a cyclist - any cyclist - should be on the road, particularly that road,
in front of them. They may even claim to be acting in the cyclists' best
interest in telling them to "get off the road" for their own safety. Even
if the officer wouldn't ride on that road themselves, they should help the
driver understand that the cyclist has a legitimate right to be on the road
and that riding in the gutter or on the sidewalk (assuming one exists) is
likely much less safe. If the driver still fails to see the light, a ticket
may be the only option.
Officers should beware the defense that "the cyclist was all over the road."
Certainly some cyclists do weave around and are unpredictable. More often
than not, the cyclist is simply trying to avoid a pothole, dodge a rock or
broken glass, or stay away from a crack in the road between the gutter and
the asphalt. Cyclists are not required or expected to ride in the gutter,
and are not required to get out of the way of motorists. At the same time,
a cyclist should not deliberately hold up a motorist when there is space
for safe passing.
Areas of Focus for Enforcement against the Motorist
· Driving while impaired by drugs or alcohol
· Failing to yield the right-of-way
· When turning left at intersections or at driveways
· When turning right at intersections or at driveways
· When entering roadway
· Speeding, particularly in neighborhoods and near schools.
· Overtaking bicycles in areas where it cannot be done safely
· Failing to use turn signal
Helmets
Bicycle helmets are a proven way of reducing the death and injury toll from
bicycle crashes. Where helmet laws are in place, officers should participate
in the efforts to enforce their use. Where helmet use is voluntary, officers
should strongly encourage cyclists to wear helmets.
Police departments should mandate helmet use by bicycle police officers.
They are of proven value in protecting officers. Failure to use such safety
equipment may lead to denial of workmen's compensation claims made by an
injured officer. It is also important that officers set a good example for
other cyclists in their community.
Conclusion - Saving Lives
A Police Officer is in a unique position to save a life through enforcement
of lawful behaviors that could or might just save a life.
It starts with education for everyone - including law enforcement. If law
enforcement officers gain a better understanding of bicycle safety and the
Rules of the Road, they are more likely to enforce those rules and do so
correctly. Not recognizing or ignoring behavior today could mean behavior
that could cause a major injury or death tomorrow.
This information was reprinted from
www.bicyclinginfo.org/ee/enforcement.htm.
© 2005 IPMBA. This article appeared in the Summer 2005 issue of IPMBA
News. |
