Why is the Pima County Sheriff’s Department entrapping cyclists?
Below is a page from the most recent “Share the Road” guide, published by Pima County, containing the Pima County Seal, and distributed by, among others, law enforcement officers in Pima County:
Notice that it says, fairly plainly, that it is lawful to ride two abreast in Pima County.
Unfortunately, the Green Valley District of the Pima County Sheriff’s Department does not agree. And they have been proving it by ticketing many, many cyclists who are foolhardy enough to rely on this official Pima County statement. When they appear in the Green Valley Justice Court, they are summarily convicted and ordered to pay a fine. Several have appealed to Pima County Superior Court, including one of my own clients.
I have written to Pima County Attorney Barbara LaWall to ask her what her thoughts are about a single District of the Pima County Sheriff giving tickets for behavior that appears to be authorized in a booklet that is produced in part by the Pima County executive branch.
Why is the Pima County executive branch encouraging cyclists in this “Gold” community to ride two abreast, and then ticketing them for it?
If competitive cyclists are continued to be ticketed for this whilst riding in pace lines, will they still come to Tucson to train in the winter, or will they select some other sunny locale?
I’ll let you know what she says.
–Erik Ryberg
May 21st, 2009 at 3:16 pm
Red Star dunno on this one.
Actually, the version online at:
http://www.dot.pima.gov./tpcbac/Pubs/STR06.pdf
(you’ll need a pdf reader such as Adobe Acrobat to render it) says:
“Riding two abreast is permitted by law (A.R.S. 28-815), but under a
separate law (A.R.S. 28-704) bicyclists may not unnecessarily slow
motor vehicle traffic. You can help drivers pass on two-lane roadways
without bike lanes by riding single-file when safe to do so (stay at
least 2 to 3 feet from the edge of the road). It’s always nice to give a
friendly wave when drivers pass and give you plenty of clearance.”
As does Red Star’s Sept 2007 hardcopy.
Perhaps the deputies are getting them on A.R.S. 28-704. Or perhaps they are getting them on “failure to give a friendly wave.”
Perhaps there is overzealous and misapplied target enforcement down there thanks to some cranky old motorist.
At any rate, it is disturbing to think that officers are working from booklets rather than A.R.S. and supervisory control.
May 21st, 2009 at 3:57 pm
Red Star, the one online is pretty much the same, just different page numbers; it is the 2006, not 2008 version. I used the most current, 2008 version in my post.
Either way, the officers are not using a pamphlet. They are interpreting the statute as they deem appropriate. But that isn’t my point. My point is that Pima County is simultaneously passing out handbooks that explicitly state that riding two abreast is legal, and then ticketing people for that same activity.
Should we require bicyclists to know better than to rely on this pamphlet? Should we punish them for relying on a pamphlet that carries the County Seal and is distributed by the county?
And no, the deputies are not getting them on 28-704. These people are being cited for 28-815, the exact same statute that the Pima County Share the Road guide says permits you to ride two abreast.
EBR
May 21st, 2009 at 5:22 pm
Don’t these officers fall under Dupnik’s control, and if so, shouldn’t the selective ticketing of cyclists be brought to his attention?
May 21st, 2009 at 5:25 pm
Understand that Red Star doesn’t live in Green Valley (too young-or do we say not old enough?) but has ridden there and finds Green Valley to be good riding with diverse rides in a compact area. Red Star encourages you all to go down there and enjoy. Green Valley is, however, a twilight zone and perhaps like the tribal areas of Northern Pakistan…be careful.
What falls out of EBR’s worthy commentary is why A.R.S. 28-704 isn’t being applied by the deputies down there.
May 21st, 2009 at 5:36 pm
At least all they’re getting is a ticket. Pima Co hasn’t started tasering bicyclists yet, see the link. (Although they DO think it’s ok to just run them down – have any results been released from their “internal investigation” on the shootout incident?)
http://bicycling.com/article/0,6610,s1-3-583-19000-1-P,00.html
May 21st, 2009 at 6:58 pm
Red Star, I didn’t mention ARS 28-704 because I actually have no idea what it has to do with this discussion. ARS 28-704 involves the duty of drivers of vehicles to pull off the roadway if they are holding up five or more other vehicles. As far as I know, this statute has nothing to do with any of the bicyclists who have been ticketed, as no vehicles were behind them. So I can’t really say if the Green Valley deputies are enforcing that statute or not.
EBR
May 21st, 2009 at 9:01 pm
EBR,
Agree that Zoll’s publication needs to be vetted by Pima County Attorney.
Zoll brought A.R.S. 28-704 in, in his publication:
http://www.dot.pima.gov./tpcbac/Pubs/STR06.pdf
Whether that was idiotic, idiotic savant, or sly would be speculative as so much of the above is. (and of course, it goes without saying that A.R.S. is due for some work).
As you say, it will be interesting to learn what LaWall does with this situation. You may never hear back from her, but thanks for putting it out there…
Red Star
May 22nd, 2009 at 10:40 am
Actually my point was not to attack Matt Zoll or Barbara LaWall, and certainly not the Share the Road Guide, which I find to be excellent. My point is that the Green Valley District of the Sheriff’s Department needs to be made to front up to the fact that they are treating this statute considerably differently from everyone else in Pima County, including their colleagues in other divisions of their own department, and they are also putting a lot of money at risk by doing so because they are making this area very difficult to train in.
EBR
May 22nd, 2009 at 11:23 pm
[...] do it safely, while OHS reminds drivers that we share the road, too. The Tucson Bike Lawyer asks why the Pima County sheriff is entrapping cyclists, and the Safe Passing Bill moves forward in Texas. San Francisco moves forward with a plan to phase [...]
May 23rd, 2009 at 3:23 pm
[...] It seems that the Pima County Sheriff’s department, in particular the Green Valley District, is out to get cyclists riding two abreast, see the discussion over at tusconbikelawyer.com. [...]
May 24th, 2009 at 3:25 pm
“Why is the Pima County Sheriff’s Department entrapping cyclists?”
An excellent question! Why not just wait till they blow through the next stop sign and ticket them then?
May 24th, 2009 at 5:34 pm
Because this is the PC violation.
They are using the law (actually
incorrectly) to make a statement
about a certain behavior. Some-
body does not like all the cyclists
on the road down there or cyclists
claiming their share of the road.
Blowing stop signs or unlit night
riding or riding against traffic
would be violations that show concern
for traffic safety and reduction of
injuries.
Obviously they are interested in
something else.
May 27th, 2009 at 2:55 am
Don’t these officers fall under Dupnik’s control, and if so, shouldn’t the selective ticketing of cyclists be brought to his attention?
May 27th, 2009 at 10:29 am
Hi PB,
I copied my letter to LaWall to Dupnick. I assume he will not respond, but LaWall should.
EBR
July 8th, 2009 at 10:32 pm
Obviously you guys don’t police your self’s very well. I live off of Pima Mine Rd. and Mission Rd. I have lived there for over 25 years and have had to follow behind the group of riders that rides on Mission Rd. every Saturday. If I read the law right, you are supposed to ride no more than two abreast and give way when slowing traffic. It is my observation that this almost never happens. The group rides three or four abreast most of the time. This makes it almost impossible for a car to pass safely! I have also witnessed on many occasions at the intersection of Helmet Peak and Mission Rd. the Group swarming the intersection in both lanes of both roads. I know this is not legal! It seems most of you guys seem to think that you have no responsibility for you own welfare. Take some responsibility for your actions and maybe there would not be such animosity between the drivers and cyclists.
I have ridden Mission Rd. as a single Cyclist for many years and have never had an incident with a motorist. I would hate to see the group that rides this rout for so many years loose there rights to do so, just because they cant follow the laws.
JJ