gschreckchat@comcast.net
That explains why that motorist got right behind me and leaned on the horn the other day. He was trying to imporve my racing. I completely misunderstood his motivation.
--
George Schreck
gschreckchat@comcast.net
(503) 502-0425
-------------- Original message --------------
From: 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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