Archive for the 'Police' Category

“Taking the Lane” With Florida Bicycle Laws

Published
by
JM Palacios
on May 29, 2008
in Bicycles, FDOT, Police, Statute, Uncategorized and bike lanes
. 3 Comments

Taking the Lane

Everyone’s familiar with the rules for bicyclists riding on the road in Florida, right? OK, check the Florida Statutes section 316.2065 for a quick refresher. I’m especially thinking of part 5(a), which spells out when a bicyclist is allowed to “take the lane.” Commute by Bike and Carectomy had some discussion of this issue recently, and their respective posts are worth checking out. My preference is along the lines of Carectomy’s stance, taking the lane when needed. I’m not going to go into all the benefits of taking the lane that they mention, but I wanted to focus on the legality.

From part 5(a), the third situation where bicyclists are not required to ride “as close as practicable to the right” is:

3.  When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

So you can take the lane when you have a narrow lane, right? As a roadway designer, the first thing that comes to mind for a standard lane width is 12 feet. But that last sentence in the law makes the difference. It is not referring to a 12-foot lane, but a lane wide enough for bicycles and cars to share. I used to believe this included 12 foot lanes, as they seem fairly wide; but I have been enlightened.

Last week I attended classes in bicycle and pedestrian facility design taught by Michael Moule, president of the engineering firm Livable Streets, Inc. He clarified that a substandard-width lane for the purposes of this statute meant anything less than 14 feet wide. Agencies only build 14-foot wide lanes when they are specifically trying to accommodate bicycles and the road cannot be widened enough for a 4-foot bicycle lane. FDOT does not really even do that any more, preferring to stripe out a 3-foot “urban shoulder” next to an 11-foot lane if a bicycle lane cannot be built. (Unless it’s District 6 building Alton Road…) Most roads have lanes narrower than 14 feet. So bicyclists are legally entitled to take the entire lane if they so choose.

Think about the reasoning behind the 14 feet. You need at least 8 feet of lane width for a car. (That’s the narrowest parking lane width allowed, so it should be 9 feet for a moving vehicle—but we’ll say 8.) Florida Statute 316.083 states that motorists must pass bicycles at least 3 feet away. It’s safe to assume we need another 3 feet for the bicycle with a rider. Add it up and you need a 14-foot lane for bicyclists and automobiles to safely travel side by side. 

Tell that to the next cop who tries to tell you to ride farther right! Someone even recommended carrying a pocket copy of the Florida statutes to show them. Anyone know where to find those?

Photo by Flickr user richardmasoner.

Stop Sign of Death?

Published
by
Rob Jordan
on March 9, 2008
in Intersections, Meridian, Miami Beach, Pedestrians, Police, Public Works, Urban Design, Walkability and Walking
. 12 Comments
I live next to a busy intersection in South Beach - Meridian Avenue and 13th Street. It’s the main entryway to Flamingo Park as well as the beach’s central avenue. It’s the only tree-shaded roadway around. Suffice to say, there’s a lot of traffic: cars, bikes and pedestrians.

Within the past few months, four-way stop signs went up at the intersection, making it significantly safer, or so I thought. One of the stop signs is all but hidden behind a tree. Cars blow past it all the time. This is doubly dangerous considering pedestrians now assume cars will stop at the intersection. There are people pushing baby strollers to the park, little kids going to shoot hoops, people walking their dogs.

I emailed the city to point out the problem. There had been small temporary stop signs in the middle of the road until recently, and I suggested they do something similar on a permanent basis or at least make the hidden stop sign more visible. Never heard back.

Walking home one night, I came across two Miami Beach motorcycle cops. They were there to run down cars that rolled through the stop sign. I told them people couldn’t see the sign, but they argued there is a warning sign farther back (small red octagon with arrow) and nothing that could be done. When I emphasized the inherent danger, one of the cops said pedestrians should be “alert” anyway.

So, I’ve contacted the county’s public works department. They tell me they’ll check it out. In the meantime, I have a strong feeling someone is going to get hurt or killed. I hope I’m wrong.

Miami, See it like Anything but a Native; Courthouse Complex

Published
by
Gabriel Lopez-Bernal
on May 8, 2007
in Courthouse, Miami 21, Pedestrians, Photography, Plazas, Police, Port of Miami, Public Spaces, Traffic, US Marshall and William Whyte
. 13 Comments
Alright, I know it’s long overdue but here is my awaited and (hopefully) anticipated part 3 to my most recent walk through downtown:

I continued my walk into the CBD with this view of the Miami-Dade County Courthouse. I’ve posted this picture below to not only show the hideous temporary fencing that has been surrounding the courthouse for the better part of the past couple of years, but to also show the actual picture I was taking when the first of two interesting events occurred this afternoon.

As I crossed the street after taking this picture, a subject caught crossing the street in the photograph was patiently waiting for me on the north side of Flagler (Where’s Waldo?) Now, allow me to pause a second to describe this character. I’m no stylist but, I’m conscious enough to realize that she was wearing far too many layers of makeup under Jackie-o sunglasses. She was also wearing dark leggings under open-toed shoes, far out of the ordinary even for the cast of characters which typically roam along our downtown streets. My conversation with the deranged lady (DL) went as follows after she flagged me down and pulled me out of my own tranquil universe:

GJL: Yes, may I help you?

DL: Do you work for the government?

GJL: No…

DL: Do you work for a private company?

GJL: Um, Yeah.

DL: Why did you take a picture of me?

GJL: Excuse me?

DL: Why did you take a picture of me just now as I crossed the street?

GJL: In case you didn’t notice ma’am, you were standing in front of one our downtown’s most prominent and historic structures.

DL: I saw you! You took a picture of me and I want to know why!

GJL: Okay, you’re crazy and I’m walking away now…

I proceeded north further into the courthouse district with my ipod and in search of further urban opportunity. As I glanced back I witnessed my new friend darting from empty police car to empty police car before she decided to follow me. I turned west to get a shot of a “Your Tax Dollars at Waste sign” as she continued following me. Lucky for us, there was an occupied police car between me and her, where she was able to pause and discuss my alleged paparazzi activity (which would have been completely legal, in any case.) Obviously nothing came of her police inquiry as I walked by the squad car and received a wave and almost apologetic smirk from the officer…

I trudged on North towards the courthouse complex and MDC and into the scene of my next extremely odd encounter. Along the way I saw further reminders of the second largest diamond district in the United States. The r&r Jewlery Center is housed in the former downtown post office, was built in 1912 and was the first major federal building to rise in Miami.

You just don’t encounter unique ornamentation like this anymore. There are few buildings which even attempt to add adequate ornamentation, let alone art in public places.

I came across a stunning building in the CBD. I’ve read about it the downtown development authority’s historical walking guide to downtown, but I forgot who it was owned by and when it was built. I’d like to note however, the covered portico, the ground level retail, the sense of some human-oriented planning. The building was obviously designed at a time when pedestrians were still kept in mind and should serve as a model for our future urban infill considering it adequately addressed the pedestrian needs given our hot and often rainy climate.

I continued on towards the federal courthouses and MDC campus. After reading William Whyte’s Project for Public Places, I was anxious to experience the public places established in our federal courthouse complex and major downtown educational facility. The interaction between the federal courthouses and the street is awkward and downright hostile to pedestrians. A large “temporary” concrete barrier keeps cars (and pedestrians) far enough away from the surroundings and the barren concrete plaza of MDC depicts accurately how successful our urban plaza planning has been.

Standing on the sidewalk (public property) from the MDC side of the street (Public School,) I proceeded to take the pictures depicted above. As I happily snapped away, still listening to my ipod, a couple of rent-a-cops from across the street on the federal courthouse began to flail their arms at me frantically. As I removed my earphones they were yelling to stop taking pictures of the federal courthouse. Now, this happened to me once before about two years ago, so I had an eerie feeling that things hadn’t changed since. I was with some visiting family walking around the CBD, snapping pictures of the newly rising federal complex, when we were apprehended by the same rent-a-cop currently yelling at me. That time however, he stepped out of line and reached for my younger cousin’s camera, prompting near chaos because of his inadequate training and general concept of what is truly legal. In any case, knowing I was within my full right to continue photographing the public complex, I continued snapping away, including this picture of the so called security:

I continued my walking tour heading east on the metromover to experience the Biscayne boulevard realignment project.

I continued walking west along NE 5th street, witnessing the absurd amount of shipping container traffic when I was nearly run over by what originally appeared to be an undercover police officer. As I disclosed earlier, it ended up being a US Marshall, apparently sent to find the rogue kid walking around in shorts taking pictures of downtown buildings. Our conversation went something like this, with my thoughts in parenthesis:

GJL: Good Afternoon, I’m Gabriel J. Lopez-Bernal of TransitMiami.com, what can I help you with today?

USM: Hey, how’s it going? I’m US Marshall (name omitted out of personal courtesy.) Were you just over by the federal courthouse taking pictures?

GJL: Yes, I was and as far as I know that isn’t a violation of any current or past US laws.

USM: Oh, no, not at all sir. We just like to know who everyone is taking pictures around the federal courthouse.

GJL: Speaking of that, I see your undercover car and gun, but may I see some credentials to verify that you are who you say you are, you can never be too sure in today’s world.

USM: Sure. (Show’s US Marshall Badge and ID Card)

USM: May I see your Drivers’ License to verify your name? What was the name of your website again?

GJL: Sure. (Provide him with my ID) Transitmiami.com… Check it out, the pictures I took will be up there soon…Now, as far as I know, I’m within every right standing on the public sidewalk to photograph my surroundings, correct?

USM: Correct. You just have to understand sir in this new state of security (insecurity) in the United States; we can never be too secure. Just the other day, we had someone taking counter-surveillance shots of our prisoner movements (Buuuuuuuullshit) from the metrorail platform.

GJL: Oh, I understand sir. I guess it may be a matter of national security (insecurity) to chase down people who snap pictures of the federal complex. Is this a common occurrence for the US Marshall to chase down tourists in the CBD for taking pictures?

(I then realized the US Marshall was writing my driver’s license down on a pad of paper, something which I never gave him permission to do considering he never asked to write it down. I was naturally offended because he asked for my ID to write down my name but then violated my confidence in his ability to obtain only the information he had asked for.)

USM: Well it happens often enough…

GJL: Excuse me officer, but I don’t believe it is necessary for you to write down my License number as well as my name, we have both determined that I was within every right to take pictures. I provided you with my ID and granted you permission to jot down my name and would have gladly obliged to give you my license number had you asked…

USM: Oh, don’t worry sir; you aren’t in any trouble…

GJL: I’m fully aware I’m not, we both clarified that no law was broken (you, just plan on running a background check on me…)

USM: Thank you very much for your time sir. Have a nice day and enjoy your stay here in Miami…

Lovely. I couldn’t possibly imagine that I would have been apprehended by a US Marshall in the downtown of my own city for taking some innocent pictures with a point and shoot digital camera. I bit my tongue and chose to not point it out to the US Marshall that from the comfort of my own home I or anyone else can obtain aerial images of the complex by navigating through Google Earth or Microsoft’s Virtual Earth. Imagine the mayhem that would be caused if such extreme measures were taken around the federal buildings of NYC, Washington DC, or any other major US city. It’s just another example of a mental lapse on the part of the local rent-a-cop authority hired to protect the federal complex from reasonable threats…

Lucky for me my encounter wasn’t with a city of Miami police officer, officers who have been known to violate the first amendment rights of photographers standing on public sidewalks and not obstructing justice. Unlike Carlos Miller, whose trial began today, I was lucky enough to not have been pummeled to the ground for no apparent reason…

Disgruntled enough I continued my tour north into the omni complex, which will appear in the conclusion and part 4 of this series…

Got a Face? You can Drive

Published
by
Gabriel Lopez-Bernal
on July 26, 2006
in Drivers Improvement Course, Education, Enforcement, Miami, Police, South Miami, Traffic Tickets and US-1
. 0 Comments
If some of you have received traffic citations recently, I wouldn’t be too surprised. I’ve seen more traffic enforcement in the past 2 weeks than I’ve seen the entire summer. I’ve even seen the incredible rarity (and stupidity) of the South Miami Police force motorcycle cops out patrolling US-1 at one or two in the morning for speeders. I say stupid because when was the last time you saw a motorcycle cop out past sunset to begin with, but, this one was sitting in the turn lane facing southbound with all of his lights off (Headlight too! I thought that was against the law), radaring passing Northbound cars? Not your typical sight. I guess our local law enforcement officers have finally decided to crack down on Miami drivers by nit-picking the little things (like rolling stops in Coral Gables, or cruising above the speed limit in the wee hours of the morning in an area that knowingly reduced the speed of US-1 to 40 mph rather than the typical 45 mph to make those tickets sting a little more than usual) rather than cracking down on some of the more crucial traffic issues (the people who drive in exit lanes on the 836 knowing full well they have no intention of exiting, the hapless gridlock professionals on US-1, the red-light runners, or the speed daemons on the palmetto and I-95 at any hour where it is actually possible.) It makes me wonder if our police force is actually trying to resolve some of our traffic issues or add to them.
Some of you may remember that I was recently the lucky recipient of one of these golden tickets. I was going 47 mph in a 45 mph zone which temporarily became a 35 mph zone for some construction that was going on about a mile before I got stopped. Wonderful. In any case, my terrible experience let me realize a few crucial things:
1. Being polite and courteous to a motorcycle cop will never get you out of the citation, but, can get you a price break if you pull over promptly and show utmost respect.

2. The “Driving-Improvement” courses we are all required to take, don’t improve diddly squat and are likely the cause of so many careless drivers to begin with.

I enlisted in one of the on-line courses to avoid getting points on my license (Oh, yeah and to avoid further financial ravaging by Geico.) I thought the four hours was bad enough; the sheer stupidity of the whole course was worse than a kick to the groin. I survived the course by watching the timer on the webpage unremittingly tick away four wasted hours of my life. Then came the “final exam” which boasted some fantastic questions which I guarantee will make most of us better drivers. Here are the highlights:

How many licensed drivers are there in Florida? (I fail to see how this will make anyone a better driver.)

Until what age should a child use in a car seat? (The options for the answers to this one were: 3 years, 5 years, 60 lbs)

How many points can you receive in a 12 month period before your license is suspended? (Um, if you are worried about the maximum number of points, I don’t think you should be driving in the first place.)

What sign is shaped like an octagon? (A Stoptional! Or a S.T.O.P. sign – Slow To Observe Police…Duh!)

The obvious challenge continued throughout the rest of the 40 questions. Needless to say, I passed. Printing out my certificate of completion made me think about how backwards the licensing and driving education requirements really are. I will no longer wonder why area drivers stink- the rules to become licensed are terrible…

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