The Law Offices of James M. Freeman, P.C.

The Sun Times is reporting on a city committee meeting regarding the proposed city ordinance that would fine motorists who turn in front of someone on a bicycle, violate the three foot passing law or open a vehicle door into the path of a cyclist. The ordinance would also increase fines for people who park in bike lanes or double-park in a marked shared lane.

Alderman Bernard Stone (50th) brought up the issue of bicyclists who don't obey the law. He was shadowed by Alderman Willie Cochran (20th) who asked, "How many of 'em are stopping at stop lights? How many of 'em are stopping at stop signs? How many of 'em are putting their hands up when it’s time to make a turn? Those are serious issues. … If I violate a law and I'm in my car, they take my license."

Apparently Ald. Cochran has not been driving in Chicago lately, and if he has, he hasn't been paying attention, and he clearly hasn't been to traffic court. In response I would ask Ald. Cochran, "How many motorists are stopping at stop signs? How many motorists are signaling turns? How many motorists are speeding?" If a motorist is caught they don't take your license - you get a ticket. I would suggest that Ald. Cochran go down to traffic court and see the wheels of justice in action. Having spent a fair amount of time down there myself I can assure you that there are few if any motorists getting their license revoked because they are blowing stop signs.

The "problem" of bicyclists and motorists not adhering to the rules of the road arises not from a lack of legislation, but from a lack of enforcement. The laws are there, they just aren't enforced. There isn't a need to pass a law that requires cyclists to stop at stop lights, the law already exists. Traffic laws may not be consistently enforced with respect to cyclists, but they aren't enforced with respect to motorists either. As far as I know there isn't any problem with cyclists exceeding the speed limit, yet motorists seem to speed with apparent impunity. This isn't a slam on Mayor Daley or the CPD. I have made it clear in the past that I consider lax enforcement of traffic laws to be an issue of capacity to enforce in tough financial times, and I would prefer that the CPD use their time and efforts to keep my neighborhood safe from violent criminals rather than pull over every car that rolls a stop sign.

I do think it is important that when a traffic law violation causes an accident the parties involved are treated fairly and equally, regardless of whether one person is on a bicycle or in a car. This is an area where the CPD could use some help. I have seen police reports where officers criticized cyclists for "crossing the street outside of the crosswalk" when the cyclist was attempting to make a left turn. Clearly that officer believed cyclists were pedestrians. I have also seen a number of tickets issued to drivers involved in accidents with cyclists for violations against pedestrians. Apparently, some officers in CPD don't know that it is illegal to ride a bicycle on the sidewalk, and bicycles are legally permitted users of the road. Hopefully that will change as cycling becomes a bigger part of Chicago's transportation mix.