Bicycle Law in Columbus, Ohio

[BrentN]

What is the name of your state (only U.S. law)? Ohio

Biking questions:
I was traveling on my bicycle from Watkins Rd to Corvair on Alum Creek Dr in the early morning dark in Columbus, Ohio. As I was getting my bicycle ready to put it on the bus to finish my commute to work. A Franklin County sheriff pulled over to confront me with lights flashing. He threatened to give me a ticket. He gave no specifics, and told me if he caught me riding my bike on that road again he would give me a ticket. I asked him if he wanted to see the copy of the Ohio Revised Code I keep in my backpack. He reasserted that he would and could give me a ticket. I explained that I planned to put my bike on the bus to finish my commute. I think he thought he had gotten his point through to me and left in his vehicle.
I had taken the lane, and perhaps he did not consider I had the right to do that. I have lights, so that was not the issue. Another sheriff told me I had the right to bike on the road, but not to let traffic back up behind me. He said that would be considered impeding the flow of traffic. I measured the road, it is 12' at the widest, and narrows to 11' at the narrowest. I did not feel the trucks and my bike could travel side by side safely in the lane, so therefore it was mine. I have looked at Ohio Revised Code, and City of Columbus Code, and it looks like the sheriff could ticket me for impeding traffic, but after much hassle I could beat the ticket. I am not a lawyer, and though things seem to be clear, there might be things I do not see or understand. My questions are:

In Columbus, Ohio how narrow does a road have to be before you can take it with a bike?

If I do take an 11' to 12' lane and traffic backs up behind me, can I get a ticket for impeding traffic?

If I stay to the right, and vehicles still cannot pass me, can I still be ticketed for impeding?

How do I get the sheriff off my back so I can use the bike and bus option?

Ohio Revised Code on Bikes online:

[url=http://codes.ohio.gov/orc/4511.55]Lawriter - ORC - 4511.55 Operating bicycles and motorcycles on roadway.[/url]

Ohio Revised Code on Slow Speed online:

[url=http://codes.ohio.gov/orc/4511.22]Lawriter - ORC - 4511.22 Slow speed.[/url]


Columbus Codes online:

[url=http://ordlink.com/codes/columbus/]Columbus City Codes[/url]What is the name of your state (only U.S. law)?

[Orcons]

I can't comment on the law where you are but as a cyclist I would not take the lane. I take the lane when I can move with the flow of traffic (or reasonably so) but if the traffic wants to go much faster than you all you need is one impatient fool who is going to pass you no matter what and you will be toast. Being alive is more important than being right, but you are certainly welcome to do whatever is in your rights.

Another comment, again solely as a long time cylcist, is that whether you are right or not many drivers will not think you are and that will only encourage more animosity towards cyclists which is not a good thing for any of us who have to coexist on the roads.

[BrentN]

If you do not take the lane there, the trucks try to pass, but when they encounter oncoming traffic, they merge back and run me off the road. I just want to get to work alive.....

[BrentN]

Anybody out there?????

[TinkerBelleLuvr]

Are these regular streets with traffic control signals? Limited access highway? What kind of road?

[BrentN]

It is a public road. The speed limit is 40 mph where I was stopped by the sheriff. There are no minimum speed signs posted, there are no signs marking as limited access. Just south of where I was stopped, there are signs showing the intersection with a bike path. I am thinking the sheriff might have been one of the first responders to see Tracey Corbin dead from being run over on that road while biking to work. Tracey was also wearing a helmet and reflective vest, and had lights on his bike. To my knowledge, no charges have been filed against the motorist that ran him over. I am thinking the sheriff has no legal way to stop me from biking there, but is trying to save me from a similar fate by intimidating me off the road...

[BrentN]

It seems like the Sheriff Supervisor has a better understanding of things than the one that stopped me. I think the one that stopped me may have been a first responder to a bicycle accident fatality than occurred not far from where I was biking.

Sir,



I am the First Shift Patrol Supervisor, and as such, I do not know who approached you; however, I would like the opportunity to address your concern.



I am of the understanding that my Corporal, Cpl. Leonard, spoke with you approximately two weeks ago on this matter and you departed with a better understanding of the O.R.C. I agree with you that Alum Creek is not the best road for a bicyclist, and that you are doing your best to be seen.



I do not feel the issue at hand is as large as it is growing into. It is my impression you have been riding your bike on Alum Creek for awhile, and I have seen you on some mornings as I have approached our Sub-Station. You are well-lit; there is no doubt to that. My recommendation is for you to continue to bicycle with safety in mind, including continuing keeping your attention to traffic around you, being sure you do not dart in front of on-coming vehicles as you avoid road hazards. As you have not been cited in the past for violating any laws, I would extrapolate that you most likely will not violate any laws to be cited for in the future. On the off chance you do receive a citation; you would have the opportunity to present your case to a Judge, who will then make a determination of whether you are guilty of violating any traffic laws.



I hope this response is satisfactory, as I am sure you have other concerns which you would rather devote your time to.



Sincerely,





Sgt. John Myers S-55

FCSO Patrol Supervisor

AAS Law Enforcement Technology

1945 Frebis Ave.

Columbus, OH 43215

Ph: 614-462-6115

Fax: 614-462-2468

[email]jjmyers@franklincountyohio.gov[/email]












--------------------------------------------------------------------------------

From: [email]Brentnimmo@aol.com[/email] [mailto:Brentnimmo@aol.com]
Sent: Sunday, October 12, 2008 7:08 AM
To: Wheeler, Emmett L.
Subject: Cycling on Alum Creek Dr

I was biking on Alum Creek Dr from Watkins Rd to the bus stop at Corvair. I had pulled off at Covair, and was catching my breath before putting my bike on the bus to finish my morning commute to work. A Franklin County Sheriff pulled over with his lights flashing, and threatened to give me a ticket. He told me if he caught me on Alum Creek Dr on my bike again, he would give me a ticket. He never explained what for. When I told him I was putting my bike on the bus to finish my commute, he left without giving me a ticket or an explanation. I keep my bike very well lit, I wear a reflective vest, and I wear a helmet. I need to be able to use Alum Creek for a commute to work. The bus will not stop south of Winslow until September of next year. I do not wish to do anything that a ticket could be written for, and I did not think I had done anything wrong. I measured the width of Alum Creek Dr several places between Watkins and Corvair. In most places it is 11' wide, 12' at the widest. Having read this:



"This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane."



I assumed that the Old Dominion and other trucks could not safely ride beside me in the lane. Was I wrong? How narrow does a road have to be before a bicycle may take the lane?



I was pedaling as fast as I could, and thought I was not expected to get my bike up to 40 mph.....I thought that Ohio Revised Code Section C in 4511.22 protected me from being expected to pedal at an unreasonably high speed for a 51 yr old man on a bike:



"the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator."



Perhaps one of your Bicycle Officers could bike this stretch of road with me, giving me an example of the legal and proper way to do what I need to do to commute to work.

Thanks-Brent

[email]Brentnimmo@aol.com[/email]










--------------------------------------------------------------------------------

[TinkerBelleLuvr]

Having ridden my bike in many states, unless you were on a limited access highway, the officer who stopped you was wrong. You cited the correct statutes that allow you to be on that road.

Glad to see that a supervisor could see through the officers misconception.