On Monday evening, a rider was pulled over by the police for riding up the bus lane between the Birmingham Bridge and Craft Avenue in Uptown/Oakland. He admitted that he knew that it is currently illegal to do so, but that no safer options* exist for him to get home. The officer did not end up ticketing the cyclist, but these types of actions will only seek to discourage people from riding in the city.
As bicyclists WE MUST DEMAND that the city provide us a safe commuting alternative. It is our right to choose how to commute. And people should not be forced to drive a car or take the bus because shortsighted planning has not provided for safe access to cyclists, walkers, and wheelchair users. Take action now and call the Mayor’s 3-1-1 service line or fill out the online form and TELL THEM WE WILL NOT STAND BEING HARASSED WHEN NO OTHER OPTIONS EXIST. We must DEMAND that the city addresses this unsafe section of town and either install a multiuse path alongside Fifth Ave., or light and maintain the Panther Hollow Trail so that bicyclists can use it regardless of time of day or time of year.
Log your complaint with your city councilperson as well and tell them more resources need to be devoted to making streets and paths safer and more accessible to bicyclists.
- *
- Using the sidewalk next to the bus lane is not only unsafe, it is impossible. The sidewalk is used illegally for parking by scores of people during the course of the day, blocking anyone on bike, on foot, or in a wheelchair from using it. Furthermore, it is in a state of disrepair unparalleled with any sidewalk I’ve ever seen. It looks like it has been through a war. It is dangerous and needs to be replaced.
- Using Forbes Ave. through this section of town is a death trap. Cars travel at speeds upwards of 65 mph where the 376 exit ramp connects with Forbes. Soon enough the Blvd of the Allies Bridge will also have an exit ramp on the left side of Forbes Ave opposite the 376 exit, putting hundreds more fast moving cars onto Forbes Ave without providing for bikes and pedestrians in any way.
- The Eliza Furnace Trail is usable only to the Greenfield trailhead. The Panther Hollow Trail is unlit and unmaintained in the fall and winter months, making it dangerous and uninviting to bicyclists for much of the year. Not to mention the trails are officially closed at dusk so it is not beyond the imagination that we could get ticketed for using the trails to commute home as well.
- The Bates street exit off of the EFT is also dangerous. Thousands of cars squeeze up and down steep and narrow Bates street everyday during rush hour. Merging from the trail onto Bates is unsafe and extreemely difficult.
NEWSLETTER
10 Comments
can you really get ticketed for riding in the bus lane??
Well, it’s technically illegal (signed “Buses only”) so yes we could. However, according to the PA Bike Laws we can only be fined $10 for a vehicle code violation:
Section 3502. Penalty for violation of subchapter.
Any person violating any provision of this subchapter is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $10.
Any lawyers out there want to weigh in on this?
man that section is one of my biggest pet peevs. i live right there and need to take it several times a day. it’s amazing the lack of regard they have for cyclists, walkers, and wheelchair folks.
I would like to thank Scott for his help and concern in this matter.
I was the bicyclist that was pulled over on Fifth Avenue. I’m also a lawyer. The officer who pulled me over told me that the fine would be $110 dollars. It’s not really the fine, however, that costs so much, its the additional fees that they tack on. Any one who has gotten a speeding ticket knows what I’m talking about. These additional fees are authorized by the vehicle code.
Section 3501 of the motor vehicle code sets out the general rules for riding “pedacycles.” I would like to inform everyone for future reference, that if a police officer personally observes a violation of the vehicle code,or any summary offense for that matter, he can arrest you without a warrant. Thus, the officer can demand that bicyclists show ID if the officer has in fact observed a violation. I at first refused to show the officer my ID, and that is when the situation “escalated.” I eventually did show him my ID when he started calling people on his radio.
it is a real no mans land where those streets interchange, and a complete boggle for cyclists trying to go from uptown to oakland (what I imagine is a pretty common need!). What are the prohibitions on sidewalk riding? In this instance we all know the fifth ave sidewalk is impossible crap, but in other situations, isn’t it dangerous to pedestrians to be cycling on the sidewalk? Is it illegal as well?
Cyclists can ride all they want on sidewalks as long as it’s not in a central business district (CBD). The Birmingham Bridge to Craft Ave. is definitely not a CBD (see section 3508 of PA bike laws – click here). However, bikers need to be careful anytime they ride on sidewalks. It’s not nearly as safe as they might think. It is not out of the ordinary for riders crossing from sidewalk to sidewalk get hit by cars turning right that aren’t expecting them, or don’t see them coming. Also cyclists riding on sidewalks need to be extra careful of pedestrians.
What I’m thinking needs to be done on Fifth is:
1) remove existing sidewalk
2) consider moving utility poles back from street
3) instead of replacing the concrete sidewalk, construct a slightly raised PAVED path
4) consider coloring the pavement red or blue to draw more attention to it – especially where it will cross the on new ramp to the Blvd of the Allies
5) replace handrails
6) adjust signal timing at Craft ave to give bicyclists riding towards Oakland 5-10 seconds of additional time to safely turn right onto Craft without having to worry about cars turning left into us.
just called 311. the lady was nice and cordial and seemed genuinely concerned about my situation. especially when i told her i live by the bridge and bus lane(which i do)and it’s part of my daily commute (which it has been for 5 years).
I was the bicyclist that was pulled over on Fifth Avenue. I’m also a lawyer.
aaron-did you let the cop know that you were a lawyer? do you think this helped you get out of it. i’m just curious because i take this every single day, sometimes several times, and there is bound to be several other cyclists using it while i’m ascending.
it seems like a hairy legal issue considering americans aren’t required to carry an id, and there is nowhere in the vehicle code that says that cyclists must carry an id in order to ride either. so although you break the vehicle code…ahh!
Yeah, this makes things easy. I just filled out that form and submitted it. The bus lane is my route, i just pop up onto the sidewalk when a bus is coming up the hill. Once your at the top, it’s all good. Go bike lanes!
I agree this stretch of Fifth is a problem.
About whether cyclists can be fined no more than $10 for a traffic violation, I have to say that the law seems unclear to me. 3502 says that you get a summary offense and a $10 fine for violating “any provision of this subchapter.” And it’s true that Subchapter A, which governs bikes, has a “general rule” in 3505(a) saying “every person operating a pedalcycle upon a highway [meaning street] shall obey the applicable rules of the road as contained in this title.” So maybe if you go the wrong way down a one-way street–or run a stop sign, or violate some other general traffic law–each time you’re simply violating 3505(a) and thus risking only a $10 fine. But I think that the law as applied by police/courts may instead consider that you’re really violating whatever the underlying provision is elsewhere in the traffic code–and that the $10 fine is reserved for violating bike-specific provisions found in Subchapter A–like not having proper lamps and reflectors, 3507(a), or riding on a sidewalk in a business district, 3508(b). Maybe there’s a case out there that answers the question. Does anyone know for sure?
Or maybe I’m seeing complications that aren’t there. Anyway, I mention this in the hopes that someone might know more about it than I do.