Cyclists Stopped for Being Annoying

On the Route 1 Velo yahoo group, one rider reports that he and some others were biking out MacArthur Boulevard towards Great Falls when they were pulled over by Montgomery County Police. They weren't ticketed, but their names were recorded and they were let off with a warning. One problem is that it doesn't appear that the cyclists were told which law they had violated, only that cyclists in the areas were "getting annoying." The same rider reported that other groups had the same experience. Was anyone was else stopped in this manner? Was anyone given a better explanation?

Comments

[SJE]

This sounds like a 4th amendment violation. The police can only stop you for specific reasons, not for other cyclists getting annoying. I would get the officer's number and ask his boss to explain this behavior.

[freewheel]

Imagine if they stopped all the motorists who were being annoying... that would really clear the roads!

[Micah]

Wow.

[Casey Anderson]

Anyone who experiences this kind of treatment should politely ask for the officer's name and follow up with MCPD management. I know the supervisor of the Silver Spring traffic unit, and I am confident that his team understands that cyclists have as much right to use the roads as motorists. I don't know who is in charge of traffic enforcement in the MacArthur Blvd. area, but I think you would find that the Montgomery County police are generally professional and would take this issue seriously.

[Joe]

I am VERY surprised by this. Both Park and County police have been the saving grace of Mo.Co. up to this point. Most likely there has been a mass email attack to the County on trying to get rid of cyclists in these areas as there was a few years ago on the CCT.

The sad thing is what happened today was just the police BULLYING the cyclists. This is completely the opposite of what the police are for.

[ontarioroader]

Anyone think it's possible they were riding two-abreast and failing to stop for stop signs, but the officer ended up getting attitude from them and decided it was more hassle that in was worth, and instead chose to 'notebook' their info [in case they complained] instead of citing them? This is what I saw happen when I was on a group ride and we were pulled over 'en masse' like this. We were violating the letter of the law - most roadies I ride with do - but I'd much rather have a verbal warning for something vague like this than a ticket.

[Joe]

The way the rules are infocred is a double standard. I've been single file on MacArthur Blvd at 30 mph and still cars pass us. I've seen drivers not yield to peds in cross walks with a officer present and the officer did nothing (CCT down town Bethesda)

The major problem in this case is the officer stated that cyclists were being pulled over for being annoying. At this point no one has said the officer actually stated they were breaking any rules.

The comment of cyclists being annoying reaks of an email campaign by the local residents.

Also, interms of passing a group of cyclists. Whats easier and SAFER. Passing a line of 10 cyclists single file or 10 cyclists 2 two-abreast? The later takes a shorter line of site, clear road and less time to pass.

[washcycle]

@ontarioroader, I think it's possible that the police had an actual violation in mind (though the rider claimed they were riding single file and on the right hand side of the lane). They may have stated it but this person didn't hear it. That is one possibility. Another possibility is that this rider is lying (I'm not saying that is what is happening, only that it is one possibility). The third possibility is that the police are harassing cyclists. The first thing to do is to figure out which of these it is.

[dennis]

we were riding on MacArthur close to angler's hill yesterday and were yelled at by a female officer, reminding us to keep riding single file.

It is inconvenient for other traffic to ride two abreast, but is it illegal?

[washcycle]

In Maryland, it is illegal to ride two abreast if the flow of traffic is impeded. On MacArthur you could argue that the lane is too narrow to pass cyclists riding single file, so riding two abreast does not impede traffic and therefore is not illegal. But I doubt a judge would see it that way.

[gwadzilla]

it is interesting that they can treat cyclist as a group
not as a collection of individuals
often in traffic car drivers gesture towards me and another cyclist independent of me

never would I associate the double parked car with another car unless the double parked car was giving someone "a jump"

I have been told by police officers to ride more to the right
when it is my understanding that people are to ride as far right as they feel safe

if the car is going to need to go around
why would it make more sense for the cyclist to be single file rather than two abreast

and if they are pulling over people for being annoying

well...

they could do better than pulling over the cyclists

http://gwadzilla.blogspot.com/search?q=war+on+macarthur+

[JeffB]

Does MD have a 3-foot passing statue?

I just was reading this blog from AZ where they do and they finally won an appeal essentially allowing cyclists the full use of a lane when there is insufficient room for a car to pass.

http://www.tucsonbikelawyer.com/an-important-court-win-for-pima-county-cyclists/

and this ...
http://www.tucsonbikelawyer.com/another-appellate-win-for-bicyclists-in-pima-county/

[woolguy]

Was it MoCo Park or County? MoCo Park responded a couple of months ago when a driver took a swipe at the Bike Rack Saturday ride and actually clipped one person and they were completely useless, would not even take a report on site.

[washcycle]

Maryland has no 3 foot passing statute (or any minimum at all). But cyclists are allowed to take the lane if the lane is of substandard width.

The old Maryland Driver’s Handbook used to warn motorists that bicyclists are required to ride as far to the right as practicable “only when the lane can be safely shared by a car and a bicycle, side by side.”

Furthermore, “There are certain conditions that allow a bicyclist to ‘take the lane,’ such as . . . the lane is narrow in width making it unsafe for a motor vehicle and bicycle to share the lane side by side.”
Finally, the handbook instructs motorists “Always allow at least three feet to the left of the bicycle when you are passing. . . . DO NOT attempt to share the lane with the bicycle when passing. Reduce your speed and move into the next or oncoming lane to pass.”

But now it only advises passing with about 3 feet.

[Woody]

I was on the ride with the Rt. 1 Velo rider. We were riding two abreast in a controlled rotating paceline and were not impeding traffic in any way. We pulled over as requested, cooperated fully with the officer, and were completely respectful. In response to @ontarioroader, we did not give the officer "attitude." We waited patiently while she painstakingly wrote down our names and ran them through her computer. In response to @washcycle, the Rt. 1 velo rider's account of incident is accurate. He is not "lying."

[Washcycle]

Thanks Woody. I didn't think he was "lying". I was only noting it as a possibility. I thought the probability of that was extremely low, but I wanted to be fair to MoCo police since I hadn't heard their side.

[Joe]

Woody, How many people were there in the group, any idea how fast you all were going and do you know if the posted speed limit is 25 or 30 at the point you all were pulled over for riding your bicycles on a public?

[Nancy]

Joe, the speed limit on MacArthur in Montgomery County is 30.

[Casey Anderson]

I sent an e-mail to Chief Manger about this and his chief of staff (who is an avid cyclist and served in a bicycle patrol unit in Bethesda) called me back almost immediately. He is checking into the situation and made it clear that the MoCo police department understands and supports the rights of cyclists to use the road.

[Capt Awesome]

@casey Cool; I hope you get some feedback and post it here. It is unreal to me that this officer pulled the group over as a mass, detained them, took their info, etc. I agree with those above that said this is bullying and really a violation of the 4th amendment. I hope some official response comes back from the PD.

[Woody]

@joe: there were 8 or 9 of us. We were traveling between 18 and 20 mph in a controlled double paceline. I do not recall any car sitting behind us waiting to pass at any time while we were on MacArthur. The traffic was quite light and cars just passed us as they normally do.

[Capt Awesome]

After receiving the e-mail that you sent to the County Executive regarding your encounter with Officer Dee Jordan on January 18, 2010, I directed 1st District Acting Commander, Lieutenant John Hack, to gain more information regarding this complaint.

According to Lieutenant Hack, Officer Jordan was assigned to the area on a burglary-prevention detail when she noticed a group of bicycle riders on Macarthur Boulevard. Officer Jordan observed the bicyclists riding two abreast and impeding a vehicle whose driver was attempting to pass. Officer Jordan consequently pulled the group of riders over in a safe area for the purpose of informing them about Maryland traffic laws. Specifically, Article 21, §1205 of the Annotated Code of Maryland states that, "Each person operating a bicycle or a motor scooter on a roadway may ride two abreast only if the flow of traffic is unimpeded." We have received complaints, for years, in that area from cyclists, runners and drivers about unsafe actions on the part of all. Officer Jordan's experience from working there confirms that sharing the roadway in that area between motorists and cyclists is a common problem, especially during the weekends and holidays. As an avid cyclist myself, I am fully aware of the "competition" that often exists between the bikes and the cars. Often, my fellow cyclists are our own worst enemy by not obeying the traffic laws that apply to everyone. I am also keenly aware that many drivers don't like sharing the road with cyclists. Use of the roadway is a privilege, not a right, and we all must obey the law.

I can assure you the intention of Officer Jordan and the police department is not to discourage anyone's privilege of using our roadways but to promote safety and cooperation among the many users. She was doing her job. And while she may not have cited the exact Code section, she did attempt to ensure that your group was aware of the law. Your portrayal of the interaction is, I believe, a disservice to Officer Jordan. But that is certainly your choice. The bottom line is that she observed what she believed was a traffic infraction and chose to give a verbal warning, not a written citation.

Please rest assured that traffic safety for everyone on our roadways remains a priority for the Department of Police. In the meantime, please feel free to contact Lieutenant John Hack directly at 240-773-6070 should you have any additional concern or questions on this issue.

J. Thomas Manger

Chief of Police

[Capt Awesome]

Mr. Douglas,

After receiving the e-mail that you sent to the County Executive regarding your encounter with Officer Dee Jordan on January 18, 2010, I directed 1st District Acting Commander, Lieutenant John Hack, to gain more information regarding this complaint.

According to Lieutenant Hack, Officer Jordan was assigned to the area on a burglary-prevention detail when she noticed a group of bicycle riders on Macarthur Boulevard. Officer Jordan observed the bicyclists riding two abreast and impeding a vehicle whose driver was attempting to pass. Officer Jordan consequently pulled the group of riders over in a safe area for the purpose of informing them about Maryland traffic laws. Specifically, Article 21, §1205 of the Annotated Code of Maryland states that, "Each person operating a bicycle or a motor scooter on a roadway may ride two abreast only if the flow of traffic is unimpeded." We have received complaints, for years, in that area from cyclists, runners and drivers about unsafe actions on the part of all. Officer Jordan's experience from working there confirms that sharing the roadway in that area between motorists and cyclists is a common problem, especially during the weekends and holidays. As an avid cyclist myself, I am fully aware of the "competition" that often exists between the bikes and the cars. Often, my fellow cyclists are our own worst enemy by not obeying the traffic laws that apply to everyone. I am also keenly aware that many drivers don't like sharing the road with cyclists. Use of the roadway is a privilege, not a right, and we all must obey the law.

I can assure you the intention of Officer Jordan and the police department is not to discourage anyone's privilege of using our roadways but to promote safety and cooperation among the many users. She was doing her job. And while she may not have cited the exact Code section, she did attempt to ensure that your group was aware of the law. Your portrayal of the interaction is, I believe, a disservice to Officer Jordan. But that is certainly your choice. The bottom line is that she observed what she believed was a traffic infraction and chose to give a verbal warning, not a written citation.

Please rest assured that traffic safety for everyone on our roadways remains a priority for the Department of Police. In the meantime, please feel free to contact Lieutenant John Hack directly at 240-773-6070 should you have any additional concern or questions on this issue.

J. Thomas Manger

Chief of Police

________________________________

-----Original Message-----
From: Ike Leggett
Sent: Tuesday, January 19, 2010 9:13 AM
To: Martus, Mary Alice, for the Chief of Police
Subject: FW: Rolling Through Montgomery County

-----Original Message-----
From: Ryan Douglas [mailto:[email protected]]
Sent: Monday, January 18, 2010 12:46 PM
To: [email protected]; MABRA
Cc: [email protected]; Ike Leggett; Montgomery County Council
Subject: Rolling Through Montgomery County

So I was rolling out MacArthur Blvd to Great Falls for a nice leisurely ride when Ken Woodrow and the Coppi Nostra Family invited me to hop in. Great, I thought. There were about 8 of us cruising a nice pace line down MacArthur keeping a really tight line to with plenty of room for cars to swing by. So we get to the bottom of Old Anglers and all of a sudden MG County Police Dept. Officer Jordan pulls the entire group over. We abide, like The Dude always does, to get a talk'n at.

Law cited: "There are a bunch of us officers out here today targeting you guys because it is getting annoying. On River Road, Persimmon , on yada yada yada (basically the 7am, 8am, and 10am ride routes). I just did a quick search for the legal regulation for "annoying the general public while operating a bicycle" in Montgomery and I found nothing on the books. On my way back to the District I talked with 2 other groups who were pulled over too.

So I am thinking do I just stop riding out in Montgomery County, because they are taking every one's names down and entering them in their database and if you get caught again riding your bike and annoying the general public then you will be cited maybe $35 or $50 not sure because I cannot find the law for "annoying."

Then I thought I would look back at the money I have spend in the past year in Montgomery County and thought, hmmm, maybe I will just quit spending money up there. Here is how it broke down:

MAC Store: $1700

Mon Ami Gabbi (close to movie theatre): $879

Italian Rest. across from MAC store: $320

Jaleo: $220

Bethesda Row: $260

Le Crueset store: $425 (email me off list for Vlammsa Stew, it is awesome)

Lucy (wife's yoga close): don't even ask, I bike new set of bibs she buys double.

Chipotle visits: $75

Quatermain's Coffee: est. $45 mid-ride coffee

Dunkin Donuts: $12

Dress of Inauguration Ball (wife): $475

Brooks Brother ties: $185

Starbucks: $32

Total $4628

Ok not a deal breaker by any means, but I live in DC/Capitol Hill and when the wife and I feel like getting out of the drug dealers and gun fights we flee to the local safe haves of Arlington, Alexandria, and Bethesda/Silver Spring areas. So maybe instead of fighting FaceBook Pages in Australia we could collectively fight Montgomery County by not patronizing their businesses until they develop a more bike friendly environment. There are a few thousand of us in the area that spend stupid amounts of money on bikes/bike parts, beer, eating out, and race entry fees.

Take a minute and if you have Quicken, Microsoft Money, or even your on-line banking system and figure out how much money you spent in Montgomery County. Then see if you can spend that in the District, Arlington County (they have a lot of bike lanes) or in Alexandria, or PG County. A quick search came up with 12 bike shops in Montgomery County. Some well known names like Revolution, The Bicycle Place, City Bikes, and Big Wheel Bikes to name a few. What if we all refused to buy our crack from these bike shops, instead we drove a little further to Silver Spring, Arlington, DC, or PG county and bought from other bike shops. Let the Montgomery County Bike Shops enter a dialogue with the Sheriff Dept. to figure out a common sense approach to the massive amounts of cyclists who ride out in their County. I know life is good out in Montgomery County, but I doubt the retail business is booming so much out there that small to medium sized businesses can afford to lose any business. How about boycotting all races in Montgomery County??? Do not buy gas from local gas stations, etc...

Maybe we can set up a Facebook page called Montgomery County My $$ Is Going Elsewhere. Even better, maybe we can set up a non-donation website where we can collectively track the amount of money that we decided not to spend in Montgomery County. Below is the emails (Cc: on this email) of the local County Exec and County Council.

Montgomery County Executive: [email protected] ,

Montgomery County Council: [email protected]

Feel free to tally up your spending and let the the above mentioned parties know how much you can spend elsewhere.

Let the lashings begin.

Ryan

Route 1 Velo

[Anonymous Cyclist]

I was sitting on the back of this group (10-20 feet behind the last rider) testing out a new bike and not pulling through in the paceline, basically the whole way down McArthur Blvd. So, I had a clear view of the paceline of 8-9 riders the whole time. I can confirm it was never more wide than a tight 2-person paceline doing around 20-25 mph all the way down McArthur Blvd. At times, it was single file, where necessary, due to traffic, road width, etc.

As we came into the base of Angler's hill below the entrance to Great Falls park (doing around 20mph and slowing down to around 15 mph), the police car came up really quickly from behind onto my back wheel with lights flashing. So, we obviously weren't impeding traffic, since the officer came right up behind me. At that time, we were still double-file, with me hanging slightly off the back.

I was totally confused when the officer pulled us over, since we were doing nothing wrong.

After the female officer told us to pull over into a parking lot on the right-side of the road, she asked if we knew what the rules were. One person in our group said it was 2 abreast (the right answer). Apparently caught off guard by the fact that we knew the right answer, the officer then said we were way wider than that and we were all over the road. This was a TOTALLY FALSE DESCRIPTION by the officer. I appreciate the fact that police have a tough job and sometimes have to make split-second descisions, but that description was just totally inaccurate.

However, I didn't protest (and no one else did either) since the officer seemed to be acting rather arbitrarily and intent on intimidating us by collecting our names for a list / database and saying if she ever came across us again (for some prospective, yet-to-be determined infraction) she would fine us. She said she was tired of getting complaints about cyclists in the area and on narrow roads like Glen road. However, complaints about other cyclists (whether justified or simply called in by drivers who don't like bikes) is no reason to treat us this way. You can't just pull someone over and make things up that never happened (like us being all over the road) and resort to "guilt by association" in regard to some unspecified people we have never even met and alleged events which we don't even know really happened.

Despite the absurdity of the situation, we all just stood there and politely gave our full names and states of residence (since we didn't have drivers' licenses on us). But, I have to say, the fact that she collected our names for a list / database of cyclists is rather heavy-handed and, frankly, a little bit Orwellian.

Part of me would like to write this off as just mis-perception or over over-eagerness by the police officer. However, when I was riding back by myself on McArthur around noon I came across another small group of a few cyclists who said they also had been pulled-over for no good reason. So, given a report of a similar occurence in the same area on the same day, it's rather hard to write-off what happened to us as simply a mistake or a misunderstanding.

Rather, it seems that some decision has been made (either by the individual officer or at the direction of management) to scrutinize cyclists in particular. Maybe it's in response to complaints (valid or not) by motorists, as self-stated by the officer herself. Whatever the case, I can say that there was no justification to pull us over since we were doing absolutely nothing wrong. And it seemed to have happened more than one time that day, according to others.

If others had (or have in the future) similar experiences in the MD area, I hope they post their experiences here and contact the police to complain about this kind of arbitrary mistreatment and rather blatant intimidation.

If this becomes a pattern, cyclists in the area will have to document this kind of behavior and make sure it is stopped by the police department's management. In particular, I am concerned that the officer self-stated that she is compiling a list of names for a database. Frankly, I'd like to know what, exactly, she (and her department) plan to do with this information.

Again, I appreciate the fact that police have a tough job and deal with a lot of valid, difficult problems. But this incident was not one of them. This officer was just totally out of bounds.

[Contrarian]

Chief Manger is confused. Using the roadway is only a privilege for operators of motor vehicles. The difference between a privilege and a right? A privilege can be taken away administratively; to take away a right requires due process. The only way the state could prevent an individual from operating a bicycle on a way where cycling is permitted would be through a criminal judicial proceeding such as a restraining order, a condition of release, or even incarceration.

There is no equivalent to a driver's license suspension for cyclists.

[Eric_W.]

Police state all the way, baby!

You should be glad that she did not tazered and killed you and then claimed you were uncooperative. Any statement from the other bicyclists observing it would be discounted and deemed as "a diservice" to the officer.

I cannot hear it anymore.

[Anonymous Cyclist]

re Casey Anderson's follow-up comment on the list / computer database: My full name (first, middle, and last) and state of residence was taken by the officer and written down on a notebook pad. I was told my name would be entered into a computer system (i.e. database) to check against my license. I was told by the officer that if I was ever pulled over again on my bike for some similar (alleged) incident my name would be on record in the computer system and I would be cited / fined.

My complaint is that my name never should have been taken down on some list written on a notepad in the first place, much run through any computer / database.

This whole incident was very strange. I note that other cyclists told me later in the day that they also were scrutinized without, according to them, any valid reason.