Law

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Waiting With a Bicycle at a Light that Never Turns Green

Sunday, August 2nd, 2009

A change in the law governing bicycles recently was in the news.  In January, the Massachusetts legislature adopted a regime of traffic-ticketing to enforce existing laws that require bicyclists to, for example, stop at red traffic lights.

The Legislature was wise to insist that bicyclists err on the side of safety and caution.  Someone on the road has to, and it probably won’t be automobile drivers, chatting on cell phones and shuffling through the songs on i-pods.

Traffic Sensor Doesn't Notice Bikes

Traffic Sensor Doesn't Notice Bikes

So here’s a question:  what is a bicyclist lawfully required to do when the light never turns green?  It’s a frequent problem.  Modern traffic lights (i.e. the ones used everywhere except the city of Boston) are triggered by sensors that detect automobiles.  Roll over the sensor in a Chevy, and the light turns green.  Roll over the sensor on a Raleigh bicycle and … the light stays red.  It never turns green.  Ever.  Roll back and forth on it.  Jump up and down.  Nothing.

The question is sort of academic; the obvious answer is that you treat the traffic signal an ornament with little relevance to a bicyclist … but still you do so at your own risk — risk of physical injury and risk of legal jeopardy.  Injury because the lights are most frequently used at the most dangerous intersections.  There is a chance that the ornament will be you.  Jeopardy because who is to say the law enforcement officer will agree with your choice.  And it takes some significant waiting and experimenting to be sure the sensor really doesn’t work; that’s not a small inconvenience with traffic lights every few blocks.

I wish I had the answer.  It’s unfortunate, but perhaps the only safe thing to do is to drive.

Green Line Is a Railroad and Other Urban Myths

Wednesday, July 22nd, 2009

The Suffolk District attorney charged former Green Line conductor Aiden Quinn of gross negligence in the control of “a railroad train,” according to published reports.  Quinn was at the controls on May 8 in Government Center when his trolley struck another.  His trolley, not his train.

The criminal charge apparently stems from a Massachusetts law that applies to a “railroad or railway of the class usually operated by steam power.”  One probably can’t begrudge the District Attorney for not knowing the precise history of the Green Line and the Scollay Square trolley stop; that history never involved steam.

But it certainly would be interesting if the railroad law applied on the Green Line.  The law has some interesting, specific requirements.  A few things would need to change.  To be a trolley conductor, Quinn would have needed to serve as a “brakeman” for two years.  Not a bad idea … except trolleys only have one driver (and a door-operator) and no brakeman.  Any trolley conductor who never worked as a “brakeman” (probably all of them) would be subject to a $500 fine and year imprisonment.  (There’s no such thing as a railroad “operator”)  Bare-headed Green Line employees also would be no more; all railroad employees must don a “cap.” An employee without a “cap” forfeits $45.

But on the other hand, maybe some changes would make some sense.  If the Green Line was a railroad then it would be required to accept bicycles, one per rider.  Of course, as I’ve written previously, the Green Line irrationally prohibits bicycles under all circumstances. And don’t try to hold the door to keep the Green Line train from leaving the station; if it’s a railroad that offense carries up to a $1,000 fine and 20 years in prison, which makes what Quinn is facing look like tiddly-winks.

Obviously the Green Line isn’t run like a railroad.  There is a reason for that; it’s a street railway, apparently subject to an entirely different law.  That law doesn’t require employees to wear caps, has no obvious requirements for the qualifications of conductors, and (unfortunately) doesn’t require that trolleys accommodate bicycles.  If you merely obstruct a trolley you only can be jailed for three months (instead of 20 years).

And if you drive a trolley at excessive speed like Quinn allegedly did — even willfully — you forfeit $500.  That might conceivably seem like a bit light of a maximum penalty.  But fear not; all operators of common carriers — from steamboats, to buses, to trolleys — also are subject to an entirely different law that the District Attorney apparently did not specifically name, which carries a penalty of two and a half years in jail for gross negligence in the control of any common carrier (not just a railroad).

What does all of this add up to?  Well, ultimately if the District Attorney succeeds in sending Quinn to prison for three years (instead of to jail for 2 1/2)  for crashing a railroad train (and not a trolley), then the T should get ready to welcome bicycles and their riders on that same line.  Because that’s the law!