Showing posts with label cyclists and the law. Show all posts
Showing posts with label cyclists and the law. Show all posts

Sunday, 26 May 2013

The delivery cyclist: an appreciation of the under-appreciated

It was one evening a few months ago that I encountered the cyclist with the battered road bike and back pack. I was shuttling my bike-cleaning equipment up bit by bit from the yard of our building when I found him sharing the elevator with me. I launched into the kind of small talk I’m practised at using on cycling neighbours. “Do you ride far?” I asked.

It was only after I left the elevator that I realised he wasn’t a neighbour. He had come from a Mexican restaurant in Red Hook, he said. They had a huge delivery area - but used specially-designed insulated back packs to keep the food warm. I had, it dawned on me, just for the first time talked to a New York food-delivery cyclist about subjects beyond which bag held the plum sauces or whether I could pay by credit card.
 
Delivery cyclist, rain, Sixth Avenue.
Sure, you might sometimes choose to ride in such weather.
But would you want to ride in it or be fired?
It’s probably revealing that I got into the discussion having mistaken the delivery biker for a neighbour. I regularly engage other commuter cyclists in chat at traffic lights. I remark on their bikes (especially if they’re fellow Surly owners) the weather (alternately superb or not a great advert for cycle commuting) or the behaviour of New York City drivers (on whom I don’t generally heap praise). I don’t on the other hand tend to strike up conversation if I find myself next to a man with bags of lo mein dangling from his handlebars or carrying a basketful of tacos. I don’t seem to regard these cyclists – or, to some extent, working cyclists generally – as part of my cycling tribe.

City authorities worldwide tend to be still less warm-hearted. The couriers that played a vital role in ferrying documents around the City of London were a still bigger target for the City Police’s ire than cyclists in general. New York City Council has a history of regarding the working cyclist – the person who delivers the documents and food that keep the city’s financial services and media industries functioning and fuelled – as a problem on a par with the city’s rat or bedbug problem. It probably can’t be stamped out but needs controlling by whatever means possible.

New York's City Council also seems to listen to working cyclists – who work long hours in far-from-safe conditions for minimal wages – about as attentively as it listens to the vermin. I’ve never seen any sign that the city councillors most vocal about the delivery bikers’ perceived shortcomings are pressing their employers significantly to improve their conditions. Nor have I heard of any taking any interest in the welfare of the bikers who deliver their own pizza or noodle boxes.

Yet working cyclists are the only cyclists in most big cities whose numbers and cycling conditions non-cyclists can directly influence. Call out for lunch and you’re pitching some poor Vietnamese or Mexican delivery cyclist onto the streets, regardless of whether or not you think they’re safe. Tell your secretary in Mayfair to get a document to Canary Wharf within an hour and you’re ensuring that some young man on a fixed wheel bike has to fight his way through Piccadilly’s traffic in a hurry.
 
Snow in March: Thoughtful New Yorkers preferred letting
cyclists riding in this to messing up their shoes
The working cyclist’s plight came home to me particularly starkly in March, when a surprise late snowfall blew in, turning midtown Manhattan into a miserable, low-visibility mess of slush and dampness. It was one of a handful of days since I arrived in New York that I decided cycling wasn’t the best way to get to work. Other commuter cyclists, I knew, were forsaking their normal means of transport for the comforts – if that isn’t too strong a word – of the subway. But, as I walked, head down, towards my lunchtime kebab cart, I noticed there seemed to be more delivery bikers than normal out there, not fewer. In the skyscrapers around me, office workers were looking out their windows, shuddering at the idea of subjecting their fancy shoes to the soggy sidewalks and phoning for some poor immigrant to bring them lunch on his bike instead.

But, while the delivery cyclist bringing food or documents to one’s own desk is performing a vital service, those serving other people’s needs seem to be a confounded nuisance. Bike couriers tend to be firmly among the "cyclists who get cycling a bad name" for the kind of person who sucks his or her teeth over the behaviour of London cyclists. In New York, it's axiomatic to complain that food delivery bikers all constantly ride the wrong way down one-way streets, terrorise pedestrians at red lights and ride on the sidewalks. New York City Council’s transport committee, putting to one side the challenges of tackling the city's 250 to 300 annual deaths in motor vehicle crashes, has passed a bill in the past year demanding, among other things, that delivery cyclists display a personal identification number and the identification of their business. There’s also been an attempt to crack down harder on e-assist bikes – a fairly transparent effort to get at a means of transport popular with delivery cyclists.

The very name of one piece of city council legislation raises questions about how big a problem delivery bikers really are. The law is named after Stuart Gruskin, who died after being hit by a delivery cyclist going the wrong way on a street in March 2009. Tragic and painful though Mr Gruskin’s loss undoubtedly must remain for his family, no-one has died after colliding with a cyclist in New York City in the four years since.

I certainly wouldn't defend all working cyclists' standards. I had a nasty near-miss in Cobble Hill late one night with a delivery cyclist who ran a red light into my path. I’m frequently unimpressed with the way some riders squeeze past me in the evening on the W55 street bike lane. The only other cyclist I’ve ever knocked off was a courier who made a foolhardy, last-minute swing in front of me at a junction in London just as the lights turned green.

I do, however, recognise that even I find New York's grid system frustrating as a cyclist - and I have the luxury of never riding in city traffic more than a few times a day and not losing any pay if I'm late.  Would I follow all the street direction rules if the restaurant where I worked were on a one-way street and it would add five minutes to every trip to go the right way round the block to reach it? Would I wait at the lights every time if I knew that doing so would leave me scores of times a day jostling with several streams of fast-moving, inconsiderate taxis? Would I expect my bosses to back me if I explained that my productivity was lower than other delivery bikers’ because unlike them I assiduously followed the rules?
A courier on W55th street. It's the kind of day when
riding round the city must have its upsides.
But would you want to judge the traffic lights knowing
doing so all day could lob a fifth off your wages?


It would be easy to construct an alternative narrative about working cyclists. They are after all ready every day to take significant risks in traffic, get food and documents to people faster than a motor vehicle could and create virtually no carbon emissions or pollution in doing so. I admired how the delivery bikers in March's snow negotiated piles of slush that must be making conditions under their wheels treacherous. I tend to believe that a great deal of the anger directed at delivery cyclists reflects general prejudices against cyclists. In the case of food delivery bikers, there's the added element of the racism often directed at poor immigrants in unpopular, poorly-paid jobs.

There should certainly be some scope for cycling advocacy groups to stand alongside working cyclists on some issues. It's hard to imagine that a movement in the highly-fragmented, ultra-competitive New York catering industry will look quite the same but in New York in 1987 couriers and commuter cyclists stood together against efforts by Ed Koch, then mayor of New York, to ban day-time cycling in midtown Manhattan. The measure was intended mainly to make bike couriers' lives more difficult. The successful protest movement encouraged the development of some of the cycling advocacy groups still at work today in New York.

All delivery cyclists, meanwhile, can deploy the devastating argument that occurred to me when, one Saturday afternoon, my family and I were passed far too close in Brooklyn Heights by a poorly-driven car bearing the logo of a nearby pizza restaurant. The alternative to negligently, lawlessly handled delivery bicycles probably isn't polite, legal delivery bikes but negligently, lawlessly-driven motor vehicles. It may even - who knows? - have been that the restaurant turned to cars to avoid New York's new, strict delivery biker regulations.

Sure, it's annoying that the delivery guy from the local Mexican comes the wrong way down the bike lane at you. Sure, the pizza joint guy shouldn't have buzzed you in the crosswalk as you crossed. But thank goodness they didn't do it with a car.

Sunday, 14 April 2013

A broken-down church - and a broken, asymmetric flow of information

I was only a little way into my first ride to work after moving into my apartment in Brooklyn when I started to get into a terrible tangle. Trying to get down Kane Street, in Cobble Hill, I found the road marked closed. After heading past the road cones, I found it was a proper road closure, not the kind where one just wheels the bike on the sidewalk past the obstruction. The closure was absurd, I muttered to myself, as the one-way system pushed my route further and further from the one I’d planned. It was, I reasoned, probably some piece of stupidity on the part of the police, worried about being sued over an unlikely accident near some relatively innocuous building work.
Christ Church, Cobble Hill: source of frustration on
the Invisible Visible Man's commute

I calmed down considerably, however, after finding out via Google why the street was closed. On July 26, while I had been back in Europe, lightning had struck Christ Church, the Episcopal church at the junction of Clinton Street and Kane Street. The spectacular tower – and scaffolding around it – had come crashing down as Richard Schwartz, a pedestrian, was walking underneath. The falling scaffolding had killed him. The building was a serious danger – and hadn’t yet been made safe.

The incident helped to crystallise an idea that had been slopping in fluid form around my mind for a while. I’d never have been irritated about the Kane St closure, I realised, if I’d had better information in the first place. It was, it occurred to me, one of many instances where confusion arises because two different parties – the New York City Department of Transportation and myself, in the Kane Street case – have different understandings of what’s going on on a road. The asymmetric information sharing had at least left me only inwardly irritated, however. The more I thought about it, the more I realised there were times when such information asymmetry probably killed people.

I encountered one potentially serious example the other morning while riding to work. I waited at traffic lights by the start of the Tillary Street segregated bike lane near the Brooklyn Bridge. When the lights changed, I moved off, only to find turning across my path a car heading in the other direction that should have been yielding to me. The driver’s behaviour was entirely wrong, based on his failure to understand what I knew - that the bike lane was as much part of the traffic flow at the intersection as the roads he was using. But, as he moved across my path, he leant out of his window. “Green light!” he yelled at me, self-righteously.

Traffic on W54th street. Those tainted windows don't,
in the Invisible Visible Man's experience, conceal
motorists pondering hard what information they might lack
about other road users' rights
Cycle lanes can give rise to information asymmetry as well. As I approached my office one morning last month, a truck driver opened his door in my path as I made my way up the side of some stalled traffic. He didn’t need to look for cyclists on that side of W54th street, he argued, because there was a bike lane painted down the other. Because of our asymmetric understanding of cyclists’ road rights, he had understood the cycle lane – which I knew to be a refuge for cyclists that didn’t stop me from using the rest of the road – as a kind of prison, to which cyclists should be confined.

Perhaps the most striking and persistent problem of information asymmetry that I’ve come across, however, was in London, where I lived until last August. Most traffic lights at busy intersections in London feature an “advanced stop line” for cyclists – an area where cyclists are meant to wait ahead of the other traffic for the lights to change. Many cyclists value advance stop lines as an idea, since they should, in theory, allow cyclists to get away after lights change, get clipped back into their pedals and get back into a suitable line on the road before the motor traffic catches up. Few motorists, however, seem to have much idea either about the principles of the advanced stop areas or when they should stay out of them. At least one motorist informed me, indignantly, when I complained about his occupying the area that when he’d arrived there had been no cyclists waiting, so he’d simply driven into the bike area.

Advance stop lines were involved in all three of the worst confrontations I had with motorists in London. In one case, a motorist deliberately drove very close to me and then very dangerously overtook me after I remonstrated with him about his driving into the ASL area as I was using it. A bus driver assaulted me (abandoning a bus full of passengers to do so) after I photographed his occupying the ASL area at a particularly dangerous junction. I had to call the police to stave off a threatened assault from another motorist to whom I’d complained about his driving into the ASL area.

Leaving aside the more eye-catching incidents, ASLs were a daily source of tension and frustration. I’d often squeeze past a line of stationary traffic to reach what was meant to be a haven for cyclists – only to fill it full of motorists grumpy at one’s presumption in seeking to get a jump on them at the lights. It’s reasonable, I think, to assume that even a fairly modest publicity campaign might have let at least a little of the fresh air of information into the foetid atmosphere of confrontation surrounding ASLs. In New York, it surely wouldn’t take much of a campaign to educate drivers about the role of bike lanes and the dangers of passing bikes too close to improve driving standards at least a little bit. The New York cycling map, after all, features excellent advice for cyclists on how motorists should give cyclists at least three feet's clearance when passing.

It isn’t, after all, a neutral thing to encourage new cyclists onto a city’s streets and then not tell motorists how to behave around them. Nature seems to abhor an information vacuum just as much as a literal one. In the absence of the pure oxygen of accurate, well-founded information, the information vacuum fills up with the carbon-monoxide-laden air of motorists’ assumptions about cyclists’ rights and responsibilities. It’s perhaps hardly surprising, given that no-one’s telling them otherwise, that so many motorists assume cyclists who ride well outside the door zone away from cars are acting maliciously, rather than entirely sensibly. In New York, it’s still less surprising given how many bike lanes – including most of those I use every day – are painted in precisely the part of the road – next to the parked cars’ doors – that cyclists know to be the most dangerous.

The air has grown still more poisoned because the agency meant to set the limits of acceptable behaviour in most modern societies – the police force – so often seems to have abandoned that role with regard to the road rules. Motorists, after all, like most other people see what they see others doing unmolested and assume it’s acceptable. One telling recent case I spotted involved a police effort to start fining motorists who drove in a bike lane on a narrow street at Twickenham, in South-West London (I’ll give New York cyclists a moment here to come to terms with the idea that, just across the Atlantic, there’s a police force that has, at least once, acted against motorists using a bike lane). A local newspaper quoted Nick Blyth, an officer involved in the enforcement effort, as saying: “Most of the motorists tend to comment when stopped that everyone else does it and they were just following them.”
 
Park right across one of New York City's busiest bike lanes?
Until someone says you shouldn't, you probably will.
It’s hardly surprising, given the New York Police Department’s reluctance to enforce a wide swathe of road rules, that few motorists seem even to understand the harm they cause when double-parking in bike lanes or refusing to yield to a cyclist in a bike lane. Nor, in London, is it terribly surprising that ASL infringements continue at the rate they do when even the Metropolitan Police department charged with processing complaints against motorists from cyclists (normally backed by helmet camera evidence) is currently pleading with leading London cycle bloggers to tell people to send in no more pictures of ASL infringements. They say, to all intents and purposes, they’ve no interest in prosecuting them.

The police’s attitude reflects, in an understated way, the strangeness of the political discourse around cycling. Politicians are eager, when announcing new policies between elections, to borrow cycling’s mantle of greenness and modernity and to encourage its growth. Closer to election time, meanwhile, many seem to revert to a different type – to claiming, like one minister I met, that cyclists were“their own worst enemies” or claiming like Boris Johnson, London’s mayor, that “typical” cyclists had skinny legs and ran red lights. No politician engaged in this delicate dance between pro and anti-cycling positions is likely to back a public information campaign explaining to frustrated motorists why, yes, that cyclist who yelled at you about your dangerous driving actually had an excellent point.

However, until such information is made more widely available and police across the industrialised world are backing up the politicians’ line with proper enforcement, few people will experience the relief I felt at letting go of my frustration over the Kane St closure. Relief is certainly not the emotion that comes naturally to me each morning as I ride along the now-reopened Clinton St towards the Brooklyn Bridge. I am all too often forced into the narrow bike lane, in danger from car doors, as motorists seek to push past me. But, as I reach the Kane St intersection and see Christ Church, still wrecked but now made safe, I still recall at least a little bit of that feeling.

Saturday, 2 June 2012

Cops, pedallers and why they're picking on me

It was as I started pedalling across Southwark Bridge from Lower Thames Street in the City of London that I spotted the police car chasing after me, lights flashing and sirens blaring. I was about, for the first time in my life, to be pulled over by the police.
Southwark Bridge: the only place the police
have ever pulled me over

I hadn't broken any road rules, however, as the cyclophobes might assume. In fact, the policemen were angry that I’d signalled at them to leave me enough space to negotiate safely the junction I’d just passed. A lively discussion ensued as they told me that I – the innocent party – could have caused a crash by waving at them. They had obstructed the junction, I pointed out. There had been nothing to tell them it was a junction, they replied. “Except for the telltale meeting of two roads,” I retorted.

I would have minded the City of London Police's zeal far less, however, had it not contrasted so sharply with the attitude of the police officers I've asked to help me deal with far more serious wrongdoing by motorists. Having been knocked off once in London by a motorist paying no attention, assaulted once by a bus driver and threatened very frighteningly by another motorist, I’ve yet to see anyone lose so much as a single point on his licence as a result of illegal road behaviour around me. It has always been deemed “not in the public interest” to prosecute. Many British cyclists who’ve suffered far more serious incidents have been even worse served.

The emblematic episode for me was a journey home one summer evening along Brixton Road. A series of motorists obstructed the cyclist-only areas along the route, drove too close to me and generally harrassed me – in full view of a British Transport Police car also caught up in the heavy traffic. I eventually concluded it simply couldn't be the job of BTP officers, who police the UK's mainline railways and the London Underground, to deal with illegal driving. But then a cyclist further up the road lost patience with the delays and rode through a set of traffic lights at red. The police car’s flashing lights came on, its siren started and the officers sped up the road after him. The disparity in attitudes was so stark that I briefly contemplated stopping to ask the officers about it - and then, remembering my Southwark Bridge experience, elected to cycle on past.

The question I would have loved to have asked the officers, however, would have been the key one to any discussion of cycling and policing: why do so many police officers worldwide seem to be so alive to the relatively harmless wrongdoing of cyclists and unaware of motorists' far more often deadly misdemeanours? It would have been no less worth asking, I think, because the police officers' faces would probably have looked back at me with blank incomprehension. The injustice, like many worldwide, is, I strongly suspect, mostly a result of subconscious attitudes rather than conscious prejudice.

At least part of the answer lies in the conversation I had with the detective handling the last complaint I made to the Metropolitan Police about a driver’s behaviour – when I reported earlier this year the case of the driver who had threatened me with assault. I complained not only about the driver’s threats but also about his deliberately driving across the path of another cyclist. That incident – which struck me as far more dangerous than his threats to assualt me – must, I’m sure, have been captured on a closed circuit television camera.

New York City traffic. If one of those cars
hits your bike without killing you, the NYPD's message
is simple: fuggeddaboutit.
Yet the detective replied that it would not be “an appropriate use of police resources” to try to track down the footage. I didn't necessarily agree with his decision in my case. But his answer highlighted how, however much one might like to see the police investigate and report to prosecutors every offence they notice, not every red-light jumper will be tracked down, nor will every speeding motorist. Every police force in the world has to make some calculation about where the balance lies between tackling the crimes that most worry its political masters, the concerns of the community it polices and the resources needed to address them. Many of the outcomes are entirely rational. There aren’t many policemen worldwide happy to let murders go unsolved. There are mercifully many who have made their peace with letting litterbugs go unpunished.
The problem is that so few police forces worldwide seem to allocate resources for dealing with crime against cyclists in the way that natural justice for the victims - and the public interest in boosting cycling - would appear to demand. In New York – a city whose affairs are engaging me particularly closely as I’m about to move there – the police department’s policy is not to investigate crashes that look set merely to leave the victims maimed for life, rather than killing them. There are almost no prosecutions in New York for careless driving. Even in London, where the situation is less serious, it remains tempting to conclude many British police forces have dealt with the problem of prosecuting dangerous driving the way that Bunny Colvin, fictional commander of Baltimore’s western district in the TV series The Wire, dealt with drug dealing. They have, to all intents and purposes, legalised it.

The City policemen’s attitude towards me hinted, I think, at the subconscious attitudes involved. They spoke to me on the assumption that I had deliberately endangered myself and others out of ignorance. It took ten minutes of arguing before they realised I had taken the most reasoned, sensible approach I could to negotiating a junction where cyclists’ way across was perpetually blocked by rule-breaking motorists. The starting point seemed to be that I belonged to an out-group, beyond the civilised community they were protecting and too ignorant to handle themselves properly. Most police officers I've encountered seem, by contrast, very alive to the pressures that might make motorists break speed limits, take ‘phone calls while driving or commit other offences. That was certainly the message of the behaviour of the BTP officers I observed. The motorist rule-breaking that they ignored posed some significant threats to others. The cyclist they pursued was riding against the lights across a junction unoccupied by motorists or pedestrians.

Such attitudes, nevertheless, aren’t immutable, to judge by the history of London's Gay Pride march. When the march was first held in 1969 – at a time when nothing the organisers advocated was illegal – police officers accompanying the parade disgracefully barracked those taking part. A contingent of gay police officers, in uniform, takes part in the march now. Cyclists face far less pervasive discrimination than gay people – but a similarly comprehensive revolution in attitudes is required.

The effects of the current attitudes came home to me only last night as I cycled home. As I rode down a four-lane road, I spotted a white van speeding down the kerbside lane towards me, at high speed, illegally undertaking the vehicle in the offside lane. I swung in towards the kerb and stopped, the van only just missing me. When I saw the vehicle again at the next traffic lights, the driver shouted, “Sorry about that, mate”. When I pointed out that he was driving illegally and dangerously, he retorted that I, riding around a metre from the kerb, was to blame for “riding in the middle of the road”.

The driver involved poses a clear danger to cyclists. A rational system, aimed at reducing road deaths, would seek to discourage such driving. A serious approach to complaints from cyclists would be a step in that direction.

That, however, is utterly at odds with the approach of any police force I’ve encountered. There was no prospect, I realised, that the police would take any action against the driver. I decided against even trying to photograph the offending vehicle for fear of provoking another assault that the police would also ignore.

The driver involved might well one day soon kill a cyclist. An open police approach to tackling driving like his might conceivably have encouraged me to report him and led to his behaviour’s being addressed. For the moment, however, it remains far easier to chase after and catch a handful of slow-moving, vulnerable cyclists than tackle the sheer, overwhelming volume of motor vehicle misbehaviour.