Los Alamos and Santa Fe Bikes: "A Law Like No Other", by Keri Caffrey: A discussion of the flaws in AFRAP and Bike Law

Wednesday, November 20, 2013

"A Law Like No Other", by Keri Caffrey: A discussion of the flaws in AFRAP and Bike Law

In the Commute Orlando blog, author and Saavy Cyclist co-founder Keri Caffrey discusses, in the context of her appearance as an expert witness in a court case, how traffic law that regulates cycling activity promotes confusion among the courts, police, cyclists, and motorists, and because of that, contributes to a decrease in cycling safety and enjoyment. Indeed, we have seen the results of both the confusion and the hazard right here in Los Alamos.

In a comment after Keri's article, John Geminder notes that AFRAP ("As Far Right As Is Practicable") and generic FTR ("far to the right") laws may be challenged under the Void for Vagueness doctrine, i.e., laws that are so vague that they cannot be clearly understood by the public are unconstitutional as violations of the Fifth and Fourteenth Amendments.:

John Geminder November 20, 2013

"I have observed this problem of inequity for years and have wondered why this FTR law and all of its corollaries have not been challenged as unconstitutionally vague. If experienced cyclists cannot agree on how to legally operate a bicycle on a given road, something is wrong with the law."

I have observed this problem of inequity for years and have wondered why this FTR law and all of its corollaries have not been challenged as unconstitutionally vague.
See – http://en.wikipedia.org/wiki/Void_for_vagueness
http://legal-dictionary.thefreedictionary.com/Void+for+Vagueness+Doctrine
http://law.justia.com/constitution/us/amendment-14/54-void-for-vagueness-doctrine.html
If experienced cyclists cannot agree on how to legally operate a bicycle on a given road, something is wrong with the law. - See more at: http://commuteorlando.com/wordpress/2013/11/19/a-law-like-no-other/#comment-22683

Should be required reading by serious cyclists and advocates. Go here.

I would add that when not just experienced cyclists, but experienced police officers cannot agree on what the laws mean (case in point: Joe Wermer being cited for jaywalking because while riding in a marked bike lane, he didn't stop and yield for a motorist turning right across the bike lane), we are in real trouble. We need to work to reform the laws and educate both the public and the law enforcment/judiciary community about cyclists rights and responsibilities, but most importantly, our rights.

Note added later. I spoke via email with one of the attorneys who advises LAB, who suggested the laws will stand up just fine and are deliberately written to allow discretion rather than bright lines. What is really needed is more understanding of cycling by the law and citizenry.

3 comments:

Eli Damon said...: "Deliberately written to allow discretion rather than bright lines" sounds like a fancy way to say deliberately vague to facilitate abuse without taking on the liability of explicitly allowing abuse. Why in the world would you want to allow for the discretion to punish someone for an act that cannot cause harm? What kind of discretion is that?; November 22, 2013 at 11:06 AM
Khal said...: There is a lot of "reasonable and prudent" stuff in law. Not sure one would want bright lines. The three foot passing law, for example, is a bright line. Ever been passed by a tractor trailer doing 65 mph that was three feet away from you?; November 22, 2013 at 4:44 PM
Dan Gutierrez said...: If the law and citizenry understood bicycling, then there would be no discriminatory FTR laws, and this issue would never have arisen. But make no mistake, it is the FTR law and the FTR thinking behind it that creates the tools that allow enforcers to use the law to push cyclists to the edge of the roadway, or worse still off the roadway and onto the highway shoulder.

If you'd like to understand how we reached this sad place, where our lane rights have been usurped, please read this detailed article:

http://iamtraffic.org/equality/the-marginalization-of-bicyclists/; December 5, 2013 at 4:18 PM