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Riding folding bike on train

Evil Pete's picture

I was on the Richmond <-> Milbrae 10 car train at 7:10am yesterday.

When we pulled into Berkeley someone with a folding bike boarded the train.

( see attached picture )

Just cause folding bikes are permitted on the train does not mean you can ride your bike on Bart.

Also note the 2nd non-folding bike on the right hand of the picture .

This was a almost full car ( people were standing even though there were a couple seats left)


UPDATED:

I am a Bart/Bicycle rider, I posted this cause I go out of my way to obey the rule ( except for bikes for escalators in empty BART stations ) and it's frustrating to see people ignoring of being oblivious to rules or even common sense)

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If this was a "no bikes"

If this was a "no bikes" train, then the folding bike should have been folded.

Are you saying he was riding the bike up and down the car? Or was he just sitting on it? That would take up less space than standing next to the bike, wouldn't it?

Evil Pete's picture

He just standing on it, but

He just standing on it, but it should have been folded while it was in the BART system.

This other bike ( on the right ) was a non-folding type and blocked off four seats by taking up the "priority seating".

this was a "no bike train"

BARTphotographer's picture

I really don't believe in "no

I really don't believe in "no bike" trains, or no bikes on the escalators anymore, and I don't even take my bike on BART! I have seen so many people break those laws with absolutely no consequences what so ever that I really believe the laws have absolutely no weight. I have seen bikes on almost every train I have been on, at all times of the day regardless of direction. I have seen people push people around on the escalators, just so they could get their bike on the escalator! Additionally, I have never, ever seen the BART police cite anyone with a bike violation....

Shrapnel's picture

Well well well. I guess

Well well well.

I guess because you've never seen someone cited for DUI (or have you?) that must mean that the police don't care.

Well, rest assured that BART Police routinely cite people for bikes on escalators, crowded trains, commute trains, and improper conduct. Bikers are subject to citation under California Vehicle Code (CVC), which means the citation actually appears on their driving record.

No bikes on commute trains makes practical sense, and is in the best interest of the passengers' safety. A bike takes up more room than one person (I've seen some bikers take up enough space for 3 or 4 people). Every inch counts in an SRO train. Why do you think BART is removing seats in the cars being overhauled? To make room for more paying passengers to stand.

In the event of an emergency evacuation, a bike will only get in the way. If there is a fire or other imminent threat to safety, passengers need to be evacuated as quickly as possible. I believe the standard for commercial airliners is under 90 seconds. BART should be similar, based on the flammability and potential for toxic smoke to be generated from the interior furnishings. Seconds count, and fumbling around with bikes and trying to climb over them just isn't practical. That and most bikers would probably try to bring their bike with them in the event of an evacuation. Just the fact that there are signs on the trains warning bicyclists not to do just that only proves my point that some without a doubt will.

Bikes on escalators? Well, that one just seems obvious.

Sorry if it seems like I'm rambling, but I hope I've cleared up some of your questions or doubts.

icrew's picture

That brings to mind another

That brings to mind another thing I've always wondered--Shrapnel writes "Bikers are subject to citation under California Vehicle Code (CVC), which means the citation actually appears on their driving record."

I know you're not required to have a drivers license to ride a bike, and, as far as I know (I could be mistaken), you're not even required to carry an ID (of any sort) while riding one. So how do you cite someone in this case? Thanks!

boopiejones's picture

aren't you legally required

aren't you legally required to have ID on you at all times? attached is an interesting article about a guy who got stopped for not observing traffic laws on his bike in los angeles and ended up with a 3 year jail sentence for possession of meth. all could have been avoided if he had ID, or if he didn't have a baggie of meth, or if he followed the damn rules...

most importantly, the article states the follwing for california:

"If you are stopped for a minor traffic violation while riding a bicycle, you must produce a driver’s license or other “satisfactory” identification when asked to do so. If you do not...the officer has broad discretion in deciding whether to arrest you. If you are arrested, you will be searched...not limited to cyclists...the same rules apparently apply to those who walk, bicycle, rollerblade, skateboard, or propel a scooter."

http://www.velonews.com/article/8843

Lazlo's picture

Failing to carry ID is not

Failing to carry ID is not against the law in California. You can be required to identify yourself under certain circumstances, but that's not the same thing as being required to carry government-issued ID.

BARTphotographer's picture

I like your comparison to the

I like your comparison to the BART bike rules, and DUI. I think I will run with it, I think it illustrates my point very clearly.

I've lived in California for a long time. I remember what it was like back in the 80s, before the DUI laws were as strict, and enforced as rigorously as they are now. I remember how often I saw someone drive down the road, not quite staying in their lane. I remember how lightly people took driving under the influence at that time. It was not that DUI was legal, however, DUI's illegality did not seem to be taken very seriously.

In the late 80s, people became fed up with all the death and destruction associated with DUI, and the State greatly increased both enforcement, and punishment for driving under the influence. Additionally, there was a fairly intense educational campaign involving outreach in schools, ads on tv, billboards, and DUI checkpoints. Law enforcement made it very clear that DUI was, and is, a very serious matter.

Now, even though California has a much greater population then it did back then, I don't see nearly as many cars weaving down the road. True, it happens from time to time, but not with the frequency then it did. Now, I think fewer people think it is ok to drive home after "a couple beers," then before.

As a driver in California, I feel much safer now then I did then. I also know the attitude of law enforcement about DUI is vastly different now then it was then.

When I see the volume of people breaking the bike rules, and the types of people breaking those rules, I cannot help but think law enforcement's attitude to the bike rules is roughly equivalent to the attitude the police had toward DUI before the 80's. If I only saw dodgy types taking their bikes on BART during the commute hours, it would be one thing, but I see people take nice bikes on BART all the time now.

I agree completely with you about the need for the bike rules. It just seems like they are not being enforced to the level I would like.

Perhaps what we need is a DUI checkpoint for bikes... A highly visible enforcement action where people are removed from trains with their bikes and cited...

Evil Pete's picture

A couple officers at West

A couple officers at West Oakland station could write a lot of tickets

bikesonbart's picture

Shrapnel said: Well, rest

Shrapnel said:

Well, rest assured that BART Police routinely cite people for bikes on escalators, crowded trains, commute trains, and improper conduct. Bikers are subject to citation under California Vehicle Code (CVC), which means the citation actually appears on their driving record.

I do believe that you are incorrect. It does not go on your record, but you will have to pay the fine if convicted. Please correct me with other California Code if I am wrong. I truly want to know. I have quoted the code below. I found it here Search CA Code (Very cool site BTW) Specifically see CVC 1803.b.6:

1803. (a) (1) The clerk of a court in which a person was convicted
of a violation of this code, was convicted of a violation of
subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code, or a violation of
subdivision (a) of Section 192.5 of the Penal Code, was convicted of
an offense involving use or possession of controlled substances under
Division 10 (commencing with Section 11000) of the Health and Safety
Code, was convicted of a felony offense when a commercial motor
vehicle, as defined in subdivision (b) of Section 15210, was involved
in or incidental to the commission of the offense, or was convicted
of a violation of any other statute relating to the safe operation of
vehicles, shall prepare within 5 days after conviction and
immediately forward to the department at its office at Sacramento an
abstract of the record of the court covering the case in which the
person was so convicted. If sentencing is not pronounced in
conjunction with the conviction, the abstract shall be forwarded to
the department within 5 days after sentencing and the abstract shall
be certified by the person so required to prepare it to be true and
correct.
(2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):

(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.

(7) Division 16.5 (commencing with Section 38000), except Section
38301.3.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
(c) If the court impounds a license, or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
5 days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.

(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within 5 days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
(f) This section shall become operative on October 1, 2008.

Shrapnel's picture

Well I think it's adorable

Well I think it's adorable that you Googled something, bikesonbart, don't try telling that to the Officer who is citing you. The section that you can be cited under is CA Vehicle Code 21113(e). You posted that 21113 won't get posted, with regard to parking violations. You wouldn't be cited for a parking violation.

I'll say it again, only if you are cited for a PARKING VIOLATION, it won't go on your record. Subsection (e) of the code states, "(e) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on property under the control of, or any portion of property used by, the board." We're talking about the use of, not the parking of, bicycles, motor bikes, skateboards, etc.

If you have any questions, call your local branch of the DMV and have them explain it to you.

Also note that you can be cited under 640(b) which allows Officers to cite you for failing to obey bike rules, though a citation under 640(b) would not appear on your driving record.

Shrapnel
BARTRage.com Co-Moderator
BARTRage.Moderators@gmail.com
http://bartrage.com

bikesonbart's picture

I am fully aware that a

I am fully aware that a citation can be written and a fine levied for violations of rules.

Let's get one thing clear here. I would never argue the law with a police officer at the scene. That is done in the court system. Let me stress another thing. The only thing that I am concerned about is what appears on my DMV record as it relates to my driver's license and how it could potentially affect my insurance rates, i.e. points. From reading CVC 12810, CVC 21113 would not result in a point. I'll give you that it will be on the record, but I wouldn't really care. If convicted, I'd pay the fine and move on, c'est la vie. BTW, what is the fine levied for CVC 21113(e) violation?

Now lets say I receive a citation for CVC 21453 or something similar while on a bicycle. CVC 1803(b).6 indicates that again, no points are assessed. Again, if convicted, I'd pay the fine and move on.

If you feel I've interpreted the code incorrectly, point me at supporting code. It wouldn't surprise me if points are assessed, but 1803(b).3 is fairly broad and if it doesn't apply to this, then what does it apply to?

All that being said, I really try to follow the bike rules, so I would never find myself in that situation.

Shrapnel's picture

The bike should have been

The bike should have been folded when he entered the station. He is in violation of the Bikes on BART rules and CVC.

Evil Pete's picture

And the mountain bike on the

And the mountain bike on the right side of the picture should not have been on the train at all.

AntMoOAK's picture

You're supposed to have an ID

You're supposed to have an ID or DL at all times...that is unless you are an illegal immigrant in a sanctuary city like Oakland or S.F.

That reminds me of...

There's these two Latina ladies who are seemingly harmless otherwise except they like to jaywalk (everyday) from the Richmond BART station, impeding buses that make a right on to MacDonald. Last week after almost getting hit by a bus (who had the right of way), a BART PD intervened and after they could not produce an ID, were given a stern warning and he then shoo'd them on their and he left. Probably any other person (citizen) who would have had an ID, would have gotten a ticket. If I ever get pulled over around here... I'll just pretend to be Dominican or Cuban and say I have no ID and hope I get shoo'd away too.

TreoBART's picture

What's the point of shelling

What's the point of shelling out the cash for a folding bike if you're not going to fold it?

Also:
If you get a ticket on a bike and you don't have a licence, the DMV will make one up for you just so they can cite it. How else would they keep track of violations by unlicensed drivers.

Argue all you want about whether it's illegal not to have ID. If you don't have it and the officer can't identify you, they can detain you until they know who you are. I'd rather not get stuck in the tank for not having my wallet with me...