NYC cyclist ticketed after asking cop to move out of bike lane

Here.

Technically, I think it's illegal to enter the intersection if it reads anything other than "Walk" so this guy may be in the wrong and screwed. But maybe not in NYC or maybe not on this bike path. Either way, it does feel like retribution since the law is so rarely enforced.

Comments

[Tom]

Isn't it "technically" illegal to stand in a crosswalk?

[Barry Childress]

Re: Technically, I think it's illegal to enter the intersection if it reads anything other than "Walk"

For a pedestrian ya but for vehicles? No.

[SJE]

I just checked NY law. According to traffic code sect 1112, you cannot start to cross when it is flashing.

Of course, (1) this is not how people behave or interpret the law (2) a cyclist on the road would have had a green, and able to continue.

This is another stupid law!
I'd still fight it in the court, especially since it is clear that the cop was being pissy, and certainly had no right to be in the crosswalk.

[Joe]

Yes technically the cyclists should not have intered the intersection becuase it was fashing red but clearly had enough time to clear the intersection even though the cop was illegally blocking the trail.

By that logic drivers should be ticketed for entering the entersection on yellow.

BUT of course we all know cyclists must obey the letter of the law while drivers don't have to follow the laws!

[Barry Childress]

Section 1112 is for pedestrians!!! A cyclist is not a pedestrian.

§ 1231 - Traffic Laws Applicable to Persons Riding Bicycles
Bicyclists are granted all rights and subject to all duties applicable to operator
of vehicle except where not applicable.

http://www.nyc.gov/html/dot/downloads/pdf/bicyclerules_fy08_english.pdf

[Wilbur]

There is also probably a first amendment violation here. The police is ticketing in response to a citizen expressing an opinion. But for that opinion, the ticket would not occur.

[SJE]

Barry: I agree that 1112 says "pedestrians", but the police can argue that anyone using a signalled crossing qualifies as pedestrian for purposes of the law. I don't think 1231 is a universal "get of jail free" card.

I think that you SHOULD be allowed to cross if the signal is flashing and you can get across in time. I also think that you could argue for a first amendment violation: the cop was looking for any minor infraction to charge the cyclist.

[UGG Sko]

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