[SDCBC] DMV reporting harassment/illegal operation

[Jim Baross]

TO: Unsafe Driver Section of the California Department of Motor Vehicles
FROM: Jim Baross (address & phone)

I understand that you will accept reports of unsafe and/or illegal 
traffic acts. I am providing such a report by fax to 858-627-3925.

I am requesting that the owner/operator of the vehicle in the 
incident reported below be informed by the Department of Motor 
Vehicles of the traffic laws related to safe operation of a motor 
vehicle when about to or when overtaking a person on a bicycle, and 
that the legal and safe operation of a bicycle allows a bicyclist to 
travel in normal travel lanes away from parked vehicles and other 
hazards (CVC 21202).

 From the 2007 California Driver Handbook, page 25, "When passing a 
bicyclist, pass on the left. If you are in a narrow traffic lane, 
wait until the traffic clears in the opposite lane before passing a 
bicyclist. DO NOT squeeze past the bicyclist."

INCIDENT REPORT
Date: June 3, 2007         Time: approximately 11:20 a.m.
Weather: Clear, unobstructed visibility, no appreciable wind
Location
     City: San Diego
     Street: Point Loma Boulevard, east-bound/south-side near Famosa Boulevard
     Roadway description: two lanes in each direction, no Bike Lane, 
lots of on-street/shoulder vehicle parking
Perpetrator's Vehicle
     Calif License: 7U4 7801
     Vehicle description: GMC Sierra pickup, Black, large tires, 
tinted rear window has text/message "ACE TATTOO" (photo available upon request.

Perpetrator Description:
     Driver: White male, black hair and beard, approximate age 28
     Passenger: White or Hispanic female, approximate age 20+
     Business - apparently
          Address: Ace Tattoo, 5058 1/2 Newport Ave, San Diego, CA 92107
          Phone: 619-222-5097, 619-962-2381

Incident description:
I was riding a bicycle eastbound on Pt Loma Blvd., a road with two 
lanes in each direction. I was in the outside/right-most lane 
approximately three to four feet away from vehicles parked at the 
side of the road.
Perpetrator's vehicle passed extremely closely to me; within 12 
inches. I was frightened, tensed my control of the bike, and shouted 
"hey!" Driver continued w/o stopping.

At the next signalized intersection at Midway, I complained to the 
driver that he should not pass unsafely. He shouted that I was an 
idiot, that I was inappropriately riding "this far from the parked 
cars" indicating approximately three feet... that he didn't have to 
move over for me because I was an idiot. He said that his passenger 
would testify/witness that I had swerved into his path.

I am a more than competent bicyclist, a bicycling instructor since 
1986 for the League of American Bicyclists and locally for the San 
Diego County Bicycle Coalition. I do not serve unnecessarily and did 
not swerve prior to or during this incident. I was riding legally and 
prudently with a safe margin from the parked vehicles to my right. 
There was sparse traffic and ample opportunity for this driver to 
have merged to his left or further into the center/left most 
straight-through east-bound lane.

Based on his statements, he apparently performed what I call a 
"brush-back", attempting to "show me where I didn't belong" by 
passing extremely closely - an attempt to terrorize me by dangerous 
harassment with a motor vehicle.

The driver apparently does not understand the responsibility for a 
motor vehicle operator when overtaking a bicyclist; to wait behind

Jim Baross
San Diego, California

Chair, SANDAG Bicycle Pedestrian Working Group
Vice Chair, Calif. Bicycle Advisory Committee
President, Calif. Association of Bicycle Organizations
Board Member, Calif. Bicycle Coalition
Chair, Strategic Highway Safety Plan, Bicycling Safety
Spokesperson, San Diego County Bicycle Coalition
League LCI Trainer & Effective Cycling Instructor #185 K-C