tokarev1@ix.netcom.com

This part just killed me!!! :)

"I pulled over and asked him what he was doing. He thought
motor-pacing was an effective method of speed training because the cyclist
would force themselves to go faster and faster to avoid being run over by a
motor-vehicle."

-K

-----Original Message-----
>From: Candi Murray
>Sent: Jan 20, 2007 10:27 AM
>To: obra@list.obra.org
>Subject: [OBRA Chat] legally speaking- I thought this was interesting from VeloNews
>
>Legally Speaking - with Bob Mionske: Too close for comfort
>By Robert Mionske JD
>This report filed January 18, 2007
>Dear Bob,
>I am getting ready for the new season of racing and am planning out my
>training schedule in preparation for the spring races. My teammate and I
>want to work on our leg speed and plan to motor-pace behind my car. Can I
>get a ticket for pacing him like this?
>Peter S.
>Eugene, Oregon
>
>
>
>Dear Peter,
>I do not recommend that you motor-pace your friend. But if you insist, I
>offer the possible legal ramifications as well as some basic pacing advice.
>This is the classic "do as I say, not as I do" lecture. In fact, when I was
>racing and training, I wasn't even smart enough to limit my motor-pacing to
>willing and complicit drivers.
>
>I was riding a borrowed cyclo-cross bike with limited gearing and was spun
>out going downhill with my head down, when the woman I was drafting hit her
>brakes for no reason (or maybe she did have a reason!). We had made eye
>contact through her rear view mirror and I remember thinking that she had a
>strange resemblance to the woman in the movie "Misery."
>
>Anyway, this was a two-lane one-way street and after I ran into her bumper,
>I flew upside down between the lanes for a long time before I landed on my
>back still strapped into the toe-clips. The driver didn't stop and, for a
>while, neither did the other traffic, which continued to pass me on both
>sides. After I managed to drag my carcass off the street, an ambulance
>arrived, as well as the police. I was on my way to convincing the cop that I
>was lawfully riding in traffic and "changing lanes" when this driver
>"unexpectedly braked," when up walked an off-duty police officer. He
>presented his version of the story. Aapparently, he was traveling too slowly
>for me and I had passed between him and other vehicles before settling in
>behind the Kathy Bates look-alike.
>
>I was ticketed for following too closely.
>
>One of the only times I organized a motor pace session was almost equally
>disastrous. A friend of a friend kept offering to take me out motor-pacing
>and I finally agreed. We made our way to a quiet country road and began our
>session. I got up to speed, but he simply followed behind me. I kept waving
>for him to pass me and he took my waiving as a command to get even closer to
>my rear wheel and rev his engine louder ala Johan Bruyneel style.
>Eventually, I pulled over and asked him what he was doing. He thought
>motor-pacing was an effective method of speed training because the cyclist
>would force themselves to go faster and faster to avoid being run over by a
>motor-vehicle.
>
>I opted for an easy ride by myself and laughed out loud every time I
>reflected on this innovative "ride-for-your-life" training method.
>
>Now to your question. You know how everyone always says, "we'd do it, but
>the lawyers won't let us?" Well, in this instance, there is a lot a truth to
>that old saw. Not only can both you and your friend get into trouble, you
>will be amazed at all the different ways you can get into hot water.
>
>Our home state, Oregon, is a good example, because its traffic laws are
>fairly standard and therefore, my answer should apply to most states.
>
>Let's start with the obvious. The Oregon Traffic Code makes bicyclists
>riding upon a public way subject to the provisions of the traffic code, and
>extends to them the rights and duties of motor vehicle operators. Section
>811.485 makes it a Class B traffic offense to
>
>"follow another vehicle more closely than is reasonable and prudent."
>So right off the bat, we can ticket your friend for following too closely.
>Next, section 811.140 of the traffic code makes reckless driving a Class A
>misdemeanor. Note that this is no longer just a traffic offense, it's a
>misdemeanor. That means, although highly unlikely, one could face up to a
>year in jail for this one. By "reckless" the statute means:
>
>"A person is aware of and consciously disregards a substantial and
>unjustifiable risk that the result will occur or that the circumstance
>exists. The risk must be of such nature and degree that disregard thereof
>constitutes a gross deviation from the standard of care that a reasonable
>person would observe in a situation."
>This might be particularly attractive to a law enforcement officer because
>both you and your friend could get busted for the same act. Of course, you
>could get lucky and merely draw a ticket for careless driving. That's a
>Class B traffic offense, unless he crashes, in which case you could both
>pull a Class A traffic offense. That's a suspended license and $600.
>(Whether you can get your driver's license suspended for violating a traffic
>law while riding your bike is a fascinating question that we'll save for
>another day.)
>If your friend crashed and the officer just wanted to ruin your day, he
>could cite you for vehicular assault of a bicyclist. Sound like a stretch?
>Section 811.060(2)(a) includes within the definition of that offense:
>
>"A person [who] recklessly operates a vehicle in a manner that results in
>contact between the person's vehicle and a bicycle operated by a person or a
>person operating a bicycle."
>Because "recklessly" is defined the same way as in reckless driving, if the
>cyclist you are motorpacing bumps into the back of your car and crashes, you
>could be cited for a Class A misdemeanor and, again, face a possible year in
>jail, even though you never intended to harm him.
>Of course, this is all worse case scenario stuff and in all the years my
>teammates and I motor paced, I don't remember any problems with the police
>(if readers have been pulled over and ticketed or want to share their motor
>pacing experiences with the law, please e-mail me).
>
>If you are stopped by a police officer for motor pacing, I recommend calmly
>discussing the competitive reasons for motor pacing and your vast experience
>in doing so, all the time using a voice of contrition. The officer may let
>you continue with a caveat "to be careful" or command you to cease pacing
>altogether, both of which are better than being ticketed.
>
>A related subject involves insurance coverage for injuries sustained while
>motor pacing. Most automobile insurance policies exclude coverage if the car
>is used in a "race or other contest of speed." I have found no published
>cases in which a bicyclist motor pacing a car crashed, but in a 1966 Alabama
>case, Alabama Farm Bureau Insurance v. Goodman, two friends, one on a
>bicycle and the other in a car, raced each other down the block. The
>bicyclist was drafting the car when they collided, injuring the cyclist.
>Because the "speed of their respective vehicles was of the essence," in
>their contest, the judge determined that they were involved in a
>"competitive speed test," and that the motorist's insurance carrier did not
>have to pay the bicyclist's claim.
>
>Let's assume that your friend, rather than looking to your automobile
>insurance carrier, tries to get his medical insurance or homeowner's
>insurance policy to pay. In the 1992 Minnesota case of State Farm Insurance
>v. Seefeld, the court concluded that where an accident results from a
>combined motor vehicle and non-motor vehicle incident, a homeowners or
>individual medical insurance carrier can be forced to cover the expenses of
>their customer. However, most homeowners and medical insurance carriers
>contain what is called an "extraordinary risk" exception. If the customer
>engages in an unusual activity that is extraordinarily dangerous and gets
>hurt, the insurance company is off the hook. While typical bicycle riding
>has frequently been held to not be an "extraordinarily dangerous activity,"
>motorpacing a foot behind a car at 30 mph is going to be problematic.
>
>While my personal experience and belief lead me to conclude that motor
>pacing has proven value for serious cyclists, I do not recommend using this
>form of training, as it is dangerous and clearly illegal. If you are going
>to motor pace, I suggest using a motorcycle, as it is easier to avoid
>collisions, it simulates race conditions better than an auto and is less
>likely that you will get pulled over by the police. If you are going to
>motor pace behind an automobile only use someone who has hours of experience
>driving with a cyclist on his/her bumper, make sure you can see through the
>windows of the vehicle. Don't look at the bumper and only motor pace on
>lightly traveled roads.
>
>Before drafting behind either a motorcycle or automobile make sure you and
>the driver have gone over all commands and contingencies including how to
>handle sudden stops, intersections, potholes, police, variations of speed
>etcetera.
>
>Good luck and be careful out there.
>Bob
>
>
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