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City of Ennis (Read 372 times)
MrOverdressed
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City of Ennis
Mar 9th, 2010, 9:38am
 
I just found this website.  Has anyone been tracking this issue?
 
http://let-him-ride.com/
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aikigreg
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Re: City of Ennis
Reply #1 - Mar 9th, 2010, 10:00am
 
Guess I know which county I will not be traveling in anytime soon!
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diannalightning




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Re: City of Ennis
Reply #2 - Mar 9th, 2010, 10:52am
 
Terry, this needs to go to Texas Bicycle Coalition.  You can send it to mail@biketexas.org or the executive director is Robin Stallings--robin@biketexas.org.  They may be able to assist.
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goatstick




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Re: City of Ennis
Reply #3 - Mar 10th, 2010, 2:18pm
 
Operating under the color of law is called Official Oppression in Texas and is a Class A Misdemeanor. My experience taught me that as long as the officers are informed they are breaking the law first, they can be arrested for it if they continue to so criminally threaten you.
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kingjason




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Re: City of Ennis
Reply #4 - Mar 10th, 2010, 2:52pm
 
Quote from goatstick on Mar 10th, 2010, 2:18pm:
Operating under the color of law is called Official Oppression in Texas and is a Class A Misdemeanor. My experience taught me that as long as the officers are informed they are breaking the law first, they can be arrested for it if they continue to so criminally threaten you.

 
Realllyyyy. And who is going to file this case??
 
Now being a PO and being a huge bicycling guy I am going to give you my opinion on this. If this guy is riding on a major stretch of highway and in one of the lanes then they have every right to stop him and wright him a ticket. I can not see it happening on the first or second offense or maybe in town but after many days and phone calls I can see this happening. I am all for bicycle rights and take the lane but sometimes you got  to use some common sense. How about I roll out on I20 and take the lane. I cannot imagine not being stopped and asked if I had lost my mind.  
 
Sec. 551.103. Operation on Roadway.  
   
(a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:  
   
(1) the person is passing another vehicle moving in the same direction;  
   
(2) the person is preparing to turn left at an intersection or onto a private road or driveway; or  
   
(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway.  
   
(4) the person is operating a bicycle in an outside lane that is:  
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or  
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
 
   
(b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.  
   
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.  
   
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kingjason




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Re: City of Ennis
Reply #5 - Mar 10th, 2010, 2:55pm
 
Oh and if this is where I think it is there is a some terrible traffic in the mornings. I can not even imagine wanting to take the lane there. I can see his saftey being at risk.
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kingjason




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Re: City of Ennis
Reply #6 - Mar 10th, 2010, 3:06pm
 
Sec. 545.363.  MINIMUM SPEED REGULATIONS.  (a)  An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
 
(b)  When the Texas Transportation Commission, the Texas Turnpike Authority, the commissioners court of a county, or the governing body of a municipality, within the jurisdiction of each, as applicable, as specified in Sections 545.353 to 545.357, determines from the results of an engineering and traffic investigation that slow speeds on a part of a highway consistently impede the normal and reasonable movement of traffic, the commission, authority, county commissioners court, or governing body may determine and declare a minimum speed limit on the highway.
 
(c)  If appropriate signs are erected giving notice of a minimum speed limit adopted under this section, an operator may not drive a vehicle more slowly than that limit except as necessary for safe operation or in compliance with law.
 
 
 
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
 
 
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evblazer
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Re: City of Ennis
Reply #7 - Mar 10th, 2010, 3:21pm
 
That pic shows a speed limit of 30 and getting a ticket? I've never seen a minimum speed on a 30mph street myself but I haven't been everywhere. I'd understand it if he was on say 114 taking the lane. Personally I get lost in those traffic laws sometimes as one references another that overrides another in certain circumstances with certain exceptions and on and on.
I take the lane on some 45mph roads on my commute and no problems but I"m starting to think that Flower Mound, Irving, Coppell have much bigger roads then they need except peak times which I avoid.
 
Personally I want to head out there and go exactly 30mph and get a few tickets and go to court. I got some vacation days coming up and it seems like a fun thing to do. The local police won't take my gifts as I go 20mph through school zones and soccer moms pass me and then try and hook me right in front of the police!
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kingjason




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Re: City of Ennis
Reply #8 - Mar 10th, 2010, 3:31pm
 
Yeah but they say he is riding from Waxahachie to Ennis on 287. Can you imagine! That has some areas as bad as 114. Plus he may not be as fast as you are. LOL I commend the guy on not owning a car and have thought about commuting myself but not on a major stretch of highway and going out of my way to take a lane. Also look at the berm on the side of that rode it is huge and you know they are going to take the worst pic they can get.
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Opus the Poet
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Re: City of Ennis
Reply #9 - Mar 10th, 2010, 3:31pm
 
Kingjason please read the law again, you are wrong in your interpretation. The legal definition of the road stops at the fog line, if the outside lane is less than 14 feet from the strip marking to the fog line then a cyclist may legally take the lane. Impeding traffic doesn't apply if there is a second lane that could be used but isn't, and the legal definition of impeding traffic is travelling at less than the normal and customary speed for that mode of travel. Most cyclists travel at the fastest speed they can maintain for the length of their trip, making going faster not "normal and customary", for that mode of travel.  
 
Your interpretation would ban bicycles from all roads with speed limits higher than 20 MPH, and your interpretation of minimum speeds would allow creation of minimum speeds without posting those limits in violation of Federal law.
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goatstick




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Re: City of Ennis
Reply #10 - Mar 10th, 2010, 4:17pm
 
Quote from kingjason on Mar 10th, 2010, 2:52pm:
Quote from goatstick on Mar 10th, 2010, 2:18pm:
Operating under the color of law is called Official Oppression in Texas and is a Class A Misdemeanor. My experience taught me that as long as the officers are informed they are breaking the law first, they can be arrested for it if they continue to so criminally threaten you.


Realllyyyy. And who is going to file this case??

 
 Any *honest* cop most certainly should. If you don't, you are not an honest cop. Plain and simple. The law provides for if a cop doesn't know they are acting under the color of law. That is why there is the opportunity for you to be corrected on legal issues. So much for ignorance of the law, eh?
Quote:


Sec. 551.103. Operation on Roadway.
 
(a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable

 
*practicable*, not practical. All the difference in the world.
 
Cyclists have the Right to Travel on public roads. Motor vehicle drivers do not.
The cyclist who is riding has the legal right to determine what is *practicable*. Not the cop.
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kingjason




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Re: City of Ennis
Reply #11 - Mar 10th, 2010, 4:27pm
 
Quote from goatstick on Mar 10th, 2010, 4:17pm:
Quote from kingjason on Mar 10th, 2010, 2:52pm:
Quote from goatstick on Mar 10th, 2010, 2:18pm:
Operating under the color of law is called Official Oppression in Texas and is a Class A Misdemeanor. My experience taught me that as long as the officers are informed they are breaking the law first, they can be arrested for it if they continue to so criminally threaten you.


Realllyyyy. And who is going to file this case??


Any *honest* cop most certainly should. If you don't, you are not an honest cop. Plain and simple. The law provides for if a cop doesn't know they are acting under the color of law. That is why there is the opportunity for you to be corrected on legal issues. So much for ignorance of the law, eh?
Quote:


Sec. 551.103. Operation on Roadway.
 
(a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable


*practicable*, not practical. All the difference in the world.

Cyclists have the Right to Travel on public roads. Motor vehicle drivers do not.
The cyclist who is riding has the legal right to determine what is *practicable*. Not the cop.

 
OK nowhere in the article does it state that the guy has or has not been reprimanded for said citations. Sooooo based on your assumption the guy knows he is wrong and just keeps writing the tickets. You are kinda stretching official oppression. Also if you think every officer knows every law in the book then your are very mistaken. The traffic code is hugeeeeeee and just small part of the big book and I was just throwing out there why he may have been written.  
 
Would I ever wright anyone on a bicycle? Uhh no If this guy is riding down 287 during high traffic periods just taking a lane then he is braver then I am. He is also asking for problems from citizens and could become a nusaince. I guess police should give him a escort everyday so there are no problems.  
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kingjason




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Re: City of Ennis
Reply #12 - Mar 10th, 2010, 4:31pm
 
Oh and 8 years with my department and not one complaint from the public. 9 comendations, one life saving award. one medal of valor, one medal of merit and a couple of other awards. So to the "Honest Cop" jab you are beating the wrong bush. I worked retail and sales before I became law enforcement and treat people with plenty of respect. My wife calls me cop light.  
 
Sheeezzz playing devils advocate really gets some of you brewing. LOL
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JimFPU




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Re: City of Ennis
Reply #13 - Mar 10th, 2010, 5:37pm
 
maybe we could all just ride these and not worry about people behind us any more...
 
http://www.opposingviews.com/i/official-new-tron-legacy-trailer-released-will-yo u-see-it
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goatstick




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Re: City of Ennis
Reply #14 - Mar 10th, 2010, 5:41pm
 
You are the one who showed the lack of faith in cops acting in an honest fashion. I was simply reminding what 'honest' entails. If you refuse to act in an honest manner given that opportunity, that's not me accusing you of anything. That would be what you do and who you are. Facts speak louder than words. BTW, the little lesson I mentioned was from a cop who I believe is an honest cop and is a legal expert on the matter.
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