The Chainlink

Municipal Codes and Enforcement

Just a brief question to those in the know. 

I've read all the bike codes/laws and I'm a bit confused about something that happened this morning.

I was riding on Kinzie, traveling east between LaSalle and State. I was moving with traffic (at traffics pace) and in that area, I tend to ride closer to the middle of the lane as people are always pulling in and out of garages and opening car doors.

So, anyway, an unmarked police SUV sounded it's horn (you know the police one). And I turned to see if he had his lights to get out of the way. He didn't. Now, I am moving with traffic, at the speed of traffic (there's a car directly in front of me about 2 bike lengths, incase I need to stop). He sounds the horn again and I give him a dirty look because I am not impeding him. Finally he gets on his public address system and tells me I can't be in the middle of the road because I do not have a license plate on my bike. 

Now..was I wrong to be there, because based on this http://www.chicagobikes.org/bikelaws/index.php?show=search&chap...  (section 3) it seems I was in my right to be where I was to avoid potential hazard. And, since when did I need a license plate to ride?

Thanks everyone!!
Chris

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Replies to This Discussion

Permalink Reply by Doug Haynes on March 29, 2010 at 10:43am
Many CPD officers simply do not know anything about the actual law when it comes to bikes and will try to enforce things that are not accurate.

I was once threatened with a ticket for crossing over to the left turn lane on Sacramento in order to make a left turn onto Milwaukee; a perfectly legal move that I signaled for.

In situations like that I just smile, nod, comply till they leave and then go back to riding as before; it never pays to fight the man in those situations right, wrong or indifferent.
Permalink Reply by Chris LaFrombois (8.5 mi - o.w.) on March 29, 2010 at 11:03am
Yeah..I wasn't going to fight him on it, as I don't want to go through the hassle of fighting a potential ticket. I was just curious if I was in the wrong.

And yeah, you were definitely in the right if you were making a left turn. I was thinking of carrying an index card with the bike laws.
Permalink Reply by heather s on March 29, 2010 at 11:08am
He was annoyed and making stuff up. You are allowed to ride in the lane proper and you do not need a license plate. What a tool.
Permalink Reply by Chris LaFrombois (8.5 mi - o.w.) on March 29, 2010 at 11:17am
I figured as much, but as notoriousDUG pointed out, it's not worth the hassle to fight them on it. Once I got to work, I had thought I should have gotten his plate number. What good that would have done I don't know...maybe additional training on bike laws for Mr. Impatient :)

I had a cab driver yell at me for the same thing one time, but they are far less threatening.
Permalink Reply by Anne Alt on March 29, 2010 at 11:20am
Was this a black SUV with regular plates (not M plates)? If so, it might have been Jody Weis, or his driver. Regardless, this was ignorance.

We don't have license plates for bikes, and it sounds like you were riding properly for traffic/street conditions.
Permalink Reply by Chris LaFrombois (8.5 mi - o.w.) on March 29, 2010 at 11:41am
I didn't get a look at the plates. The driver didn't look like Weis.

Thanks for all the input! And ride safe!
Permalink Reply by Brendan Kevenides on March 29, 2010 at 1:09pm
Based upon your description you were within your rights. Here's a brief analysis of the law on this point: http://thechicagobicycleadvocate.blogspot.com/2009/10/ride-to-right...

Here is a story about a bicyclist who fought a cop (in court) for ticketing him for doing the same thing, and won: http://thechicagobicycleadvocate.blogspot.com/2010/02/victory-for-t...
Permalink Reply by Chris LaFrombois (8.5 mi - o.w.) on March 29, 2010 at 1:46pm
Thank you for posting those links! It's nice to have a lawyer's perspective on the situation. And based on your Oct. 27 post, I was definitely within my rights as a cyclist.
Permalink Reply by Spencer "Thunderball" Thayer! on March 29, 2010 at 2:05pm
I figured as much, but as notoriousDUG pointed out, it's not worth the hassle to fight them on it.

I disagree. It's the responsibility of citizens to challenge law enforcement when they are acting inappropriately, violating someones civil liberties, creating law on the fly or even violating the law itself. We should always challenge authority when we believe it's in the wrong. When something like this happens here is my experienced advice:

Never ever, ever, ever talk to an officer without your lawyer present. Anything you say, even if you are not under suspicion, can and will be used against you. Pull over and write down the officers license plate number, car number (four digits on the site) and beat (series of letters and numbers on the roof). Then write down the address where the incident occurred and the time both beginning and ending. Get the name and number of any witnesses who may be willing to help. Finally write down exactly what was said and done to the best of your memory. Once you have that and you are in a safe place call, write and fax the Alderman and Commander of the District where the incident occurred AND where you live in. This may mean you'll be on the phone a while but be sure to repeat exactly what happened and stick to the facts- not your personal feelings on the issue- unless they ask you your opinion of the officers conduct. If it's especially bad you may want to file a complaint with the City of Chicago Independent Police Review Authority (iprachicago.org).

However, if you believe the officer is acting in an unacceptable way and you feel you should correct him immediately otherwise your or someone else's civil liberties will be violated you MUST know your rights. Don't even attempt this without a good understanding of these topics. A good place to start is our Copwatch KYR pamphlet: http://bit.ly/csydwj. A Know Your Rights training by either the National Lawyers Guild or Copwatch is a much better place to start from, but even that isn't perfect. Again I must stress the best solution is to report the officer and not to confront the officer directly.

If you are going to confront an officer please...

1) Be sure you are not carrying anything illegal, doing anything illegal (proper lighting) or have any outstanding parking tickets, DUIs or warrants for your arrest. If you are unsure assume that you do not qualify and comply with the officer. Otherwise proceed to step two.

2) Polity signal or if possible ask the officer to have a "conversation" with you. Refrain from using bigger words like "dialog, discourse or even discussion" and don't use possibly aggressive simple statements like "have a talk." Also try not to stutter or hesitate when speaking to an officer.
2A) NOTE: NEVER EVER EVER DO THIS WHILE AN OFFICER IS ENGAGED WITH A SUSPECT! If an officer is talking to a suspect or arresting someone you MUST stay at what is known as a safe distance. The only thing you can legally do in this situation is document the officers actions.If you must confront the officer only do so after the incident is over.

3) Do not give them any identification. In the State of Illinois when an officer has your Federal, Military or State Identification they have detained you. What this means is that they can legally hold you for a "reasonable" amount of time while they conduct their investigation. By giving them your ID you are essentially giving them your power to leave the officers presence at any moment. All you have to give the officer is your Name, Legal Address (and I mean legal not actual) and your birth date.

4) Do not answer any of their questions about you personally. Only tell them the above information. Anything you tell them could be used against you. Only address what they are doing and really try to avoid talking about yourself. Tell them that it's your right to remain silent on issues of your person.

4) Politely ask for their badge number. They may begin to threaten you with a ticket or arrest but that's okay you'll most likely only be detained. Even if you are arrested it's not the end of the world. Convictions are what matter and bogus false arrests are easy to challenge.

5) Finally explain to them what they are doing wrong. Don't expect to get a response that you find satisfying. I've been doing this kind of thing for a while and never have.

But you are still challenging the system that allows officers to act without accountability and for every single person who does that it does make an impact. The more of us who act the more officers will behave according to the rules of conduct and not based on personal feelings.

--- OH AND ONE FINAL NOTE ---
Never assume you can outsmart the officer. They are trained to extract information from you not the other way around. Like I said it's best not to confront the officer because you are putting yourself in the position of potential civil liberty violations. But sometimes you have to do what is right.
Permalink Reply by JeffB on March 29, 2010 at 2:21pm
What about using the left-most lane on one way streets, at least for short stretches? I've been wondering about this for a while and after reading this link I'm not sure I'm legal: nearly every morning I come south down Clark, stopping at Madison. Clark is one-way, three traffic lanes wide. When I hit Randolph (two stop-lights from Madison) I usually switch over to the left lane and "take" that lane for the last two blocks, where I stop on the left hand (NE) corner of Clark and Madison. As you can imagine, I'm often honked at, and have gotten into arguments (this usually happened before I started taking the whole lane instead of riding to the side of it, and cars would buzz me). Is what I'm doing illegal?

Chicago Bicycle Advocate said:
Based upon your description you were within your rights. Here's a brief analysis of the law on this point: http://thechicagobicycleadvocate.blogspot.com/2009/10/ride-to-right...

Here is a story about a bicyclist who fought a cop (in court) for ticketing him for doing the same thing, and won: http://thechicagobicycleadvocate.blogspot.com/2010/02/victory-for-t...
Permalink Reply by Doug Haynes on March 29, 2010 at 2:22pm
I've spent a uncomfortable amount of time in an uncomfortable plastic seat in the back of an uncomfortably cramped squad car wearing horribly uncomfortable bracelets an uncomfortable number of times and have decided that fighting the power is a game for a younger man with a cleaner police record...

I actually agree with Spencer and his advice is good advice if you do choose to 'fight the good fight.' However I do offer a few words of advice...

If you choose to confront an officer at the time he IS going to win and it will not be pleasant. There is a very good chance they will loose the war but the outcome of the battle is 90% going to be in the officers favor and the loss of that battle can make your life much less fun for a surprisingly long time.

If you choose to fight the power after the fact be prepared to spend a lot of time on it and be ready for obstructionism and apathy on a level you have never witnessed before.
Permalink Reply by Chris LaFrombois (8.5 mi - o.w.) on March 29, 2010 at 2:51pm
Jeff said:
What about using the left-most lane on one way streets

That is perfectly legal, and I believe where you should be. The last line of this:

11-1505 Position of bicycles and motorized pedal cycles on roadways - Riding on roadways and bicycle paths - Permalink
(a) Any person operating a bicycle or motorized pedal cycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right hand curb or edge of the roadway except under the following situations: 1. When overtaking and passing another bicycle, motorized pedal cycle or vehicle proceeding in the same direction; or 2. When preparing for a left turn at an intersection or into a private road or driveway; or 3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedal cycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right hand curb or edge. For purposes of this subsection, a "substandard width lane" means a lane that is too narrow for a bicycle or motorized pedal cycle and a vehicle to travel safely side by side within the lane. 4. When approaching a place where a right turn is authorized. (b) Any person operating a bicycle or motorized pedal cycle upon a one way highway with two or more marked traffic lanes may ride as near the left hand curb or edge of such roadway as practicable.
P.A. 95 231, eff. 1-1-08

Spencer, I also agree with you and you supplied some great info. I guess I was referring more to the incident this morning where it was merely annoying. Going forward though, if it occurs again, I'll be a little more "proactive" about the situation.

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