[SDCBC] DMV reporting harassment/illegal operation

[Serge Issakov]

What an ahole... on behalf of all cyclists out there, thanks for
reporting him.  I hope it will help.

I haven't ridden there, but it sounds like part of my commute along La
Jolla Village Drive (though that is 3 lanes each way and speed limit
is 45) between Lebon and Regents Road where onstreet parking is
allowed.  It's the classic "marginal width lane" that Brian talks
about, where it looks wide enough to share, but by the time you take
into account proper positioning outside of the door zone, it really
isn't.  In addition, if you ride just outside the DZ, you leave just
enough room on your left to make it look like you are purposefully
leaving enough room for them to squeeze in next to you, and, that,
coupled with the fact that the uninitiated think you could/should be
further to the right, they feel justified in squeezing you a bit (if
you're scared, they probably think, that's good, as long as you're not
hit, because that might teach you a lesson and save your life in the
future).   So often they feel justified in passing you that closely.

So, I ride further left to make it clear in no uncertain terms that
they have to change lanes to pass me.  I get honked at doing that, but
only a couple of times per year.  YMMV.

Serge


On 6/4/07, Jim Baross <JimBaross at cox.net> wrote:
> 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
>
>
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