Below is a list of online resources related to bicycle commuting:
Court case involving stop signs on the W&OD Trail: Steven Klein, a cyclist who lives in Fairfax and frequently rides the W&OD trail, was involved in an accident on the trail in November. He was riding with his regular riding partner, headed east on the trail at the Belmont Ridge intersection. As he crossed the road, in the crosswalk, he was struck by a motorist and seriously injured (but has since recovered fully). He was issued a ticket for failure to stop and yield right-of-way. (§ 46.2-821. Vehicles before entering certain highways shall stop or yield right-of-way.)
Contesting citation of ticket for failure to stop - The trial was held on March 5 in Loudoun County Traffic Court. Steven's attorney, Fred Greco, noted that motorists must yield to pedestrians in crosswalks (§ 46.2-924. Right-of-way of pedestrians; installation of certain signs; penalty.), and that bicyclists are treated as pedestrians while in a crosswalk. (§ 46.2-904, which states: A person riding a bicycle, electric personal assistive mobility device, or an electric power-assisted bicycle on a sidewalk, or across a roadway on a crosswalk, shall have all the rights and duties of a pedestrian under the same circumstances.) Mr. Greco argued that since Steven was charged under the incorrect law, the case should be dismissed.
Judge's decision - After studying the code, Judge Julia Cannon stated that she had difficulty with the charge under § 46.2-821. She said that when riding on the road, bicyclists have all of the rights and duties applicable to the driver of a vehicle (§ 46.2-800). However, Steven was not on a highway when confronted with the stop sign, so § 46.2-821 does not apply. Also, the motorist was required to yield as specified under § 46.2-904. She also stated that this code is "not a generally recognized rule."
Judge Cannon went on to say that the code under which Steven was charged does not apply and she granted the motion for dismissal.
This is a major victory for cyclists. As mentioned last month, local police have interpreted the law differently in the past, assuming that cyclists on the W&OD Trail must stop and yield to oncoming traffic as stated under § 46.2-821. The decision by Judge Cannon clearly states that this is incorrect. Over the next several months Steven, other cyclists involved in accidents on the Trail, and I hope to spread the word about the case to ensure that cyclists are given their rights under the law.
Bike to Work Day: Friday, May 7, 2004 at the Reston Town Center pavilion from 6:30 – 9:00 a.m. Free food, coffee, and prizes. Register at www.waba.org.