I originally posted my saga in a note on my Facebook profile titled "my legal troubles". I included many of the comments that were made on the note in Questions and Answers on Vecular Cycling / Bicycle Driving. I thought that some of the other comments were valuable enough to be worth preserving so I have included those comments here.

Glen Harrison

Is it the case that short sections of US 5 actually run concurrent with I-91? Wouldn't those sections be limited access? Are there any sections of 5 that are limited access?

Eli Damon

In Massachusetts, bicycles are prohibited only on limited access highways where signs indicate that they are prohibited. There is a section of Route 5 that is limited access but I was not on this section when I was stopped. There are signs at some, but not all, entrances to this section and the signs are totally inconspicuous. You would never notice them unless you were looking for them. So it seems that the status of this stretch of road is in limbo, although MassHighway probably intended to prohibit bicycles on it. I really resent this and consider it very unreasonable since, except for Interstate 91 where bicycles are also prohibited, there is no comparable alternative. Route 5 is supposed to be the alternative to Interstate 91.

John S. Allen

Did the West Springfield officers cite you for riding without pedal or ankle reflectors during hours of darkness? The statute does not require you to have them (or any other lights or reflectors) during daytime.

Baggage would have to be hanging very low to hide a pedal or ankle reflector continuously through the pedal stroke. I see no requirement in the law that the reflector be visible continuously. A shoe also can hide pedal reflectors at the top of the stroke when the heel is down. Motion and flashing are both widely regarded as drawing attention. Pedal reflectors already have motion; if they flash alternately because they are hidden behind panniers for part of the pedal stroke, what is the problem?

I do see a problem with the statute though in that the pedal reflectors or ankle bands may not be visible at all on some bicycles -- recumbents, in particular. If you want an attention-getter facing the rear, you can still use a flashing taillight.

Why were you asked about Chapter 85 section 11D? It established a requirement for cusinesses renting bicycles to make helmets and informaiton aobut them available. It doesn't describe anything pertinent to your situation.

Eli Damon

John:
* The idea about the camera and microphone are good. Can you recommend any particular products, brands, or features?
* Where did I mention Section 11D?
* Last year, the West Springfield police did cite me for violating the pedal/ankle reflector requirement. I was on an Xtracycle with some boxes of sewing supplies on one side so it is possible, although I never checked, that reflectors on one pedal were not visible from the rear. The citation was bogus for several reasons. (1) I did, in fact, have pedal reflectors. (2) While it was dark by the time they issued the citation, it was still light out when they first stopped me. (3) My lights and my vest made me far more visible than the legally requirements. In addition to the absurdity to (2) and (3), it seems unreasonable that the reflector requirement should be interpreted to forbid carrying cargo that might obscure the cyclists pedals or ankles.

A.d. Wade

Living in rural Tennessee, it's stunning to read something like this could happen. My initial reaction (besides disbelief) was that the cops seem to be abusing the powers vested in them by harassing an easy (i.e. read 'safe') target. Sounds like the next safest thing to sitting in a patrol car w/radar looking for easy/fast money to help fund the city's expenses.

John S. Allen

I think I read that it was one of the officers who asked if you know about section 11D.There are many inexpensive digital audio recorders. Radio Shack is as far as you need to go.

As to video, there are cheap ones and there are good ones but a cheap one probably is good enough. I think that Brian DeSousa has given you advice. Your experience, which is by no means unique, points to the abysmal state of police training in Massachusetts. You will be doing a public service if you can document the misinformed and unprofessional actions of the police officers you have encountered, take this to court and get a judge to read them the law. Been there, done that...but it doesn't end because the training remains abysmal. I hope that the new training required by the bicycle Safety Bill will begin to retivfy this problem.

Eli Damon

The newly mandated training will address some issues but it will not address the principal issue in my case, which is that of civil rights, not traffic regulation. If a police officer had simply written me a bogus ticket due to his or her ignorance about traffic regulations, that would be a simple problem of education. But what actually happened is totally different. I am dealing with police officers who are not only ignorant of the law regarding bicycles, but who also have no respect for the law regarding their own conduct as police officers.

Serge Issakov

For those of you who might think this case is unique to Mass, it's not. At least not the aspect about police being ignorant about the law as it affects bicyclists, much less what is safe and what isn't. See the following link for some examples:

http://www.bicyclelaw.com/blog/

Serge Issakov

John/Eli: I think I see where the 11D confusion came from: "I brought his attention to a State statute (Massachusetts General Laws: Chapter 85: Section 11B) which contradicted his accusation. He asked me if I had ID, which I did not have."

I think John read "asked me if I had ID" to be "asked me if I had read 11D". LOL! Sounds like something I would do.