In our short video “Castro Valley, California Incident – Bike Mounted Video Deconstruction and Analysis” we documented, deconstructed, and analyzed an extreme case of Reckless Driving that threatened one our our member cyclists and all of the oncoming traffic. We are partners with the California Highway Patrol Golden Gate Division and give them very high marks for sending 3 Foot law violation warning letters to drivers when notified by a cyclist of a 3 Foot law violation within their jurisdiction. CHP’s lawyers however instructed their Lieutenant Commander to respond to our member cyclist in an 8/24/15 letter as follows:
- “it was determined that the events depicted in your video do not rise to the level of misdemeanor reckless driving.”
- “Regardless of the violation, infraction or misdemeanor, a public offense not committed in an officer’s presence precludes an officer from making a warrantless arrest.”
We have been trying to work with CHP and the Alameda District Attorney since this incident occurred on 9/18/14. CHP’s Legal Department has consistently instructed CHP officers to obfuscate when we ask direct questions. When we asked them exactly how the video does not rise to the level of misdemeanor reckless driving they never give us a clear answer. The driver came within an inch of seriously injuring or killing our member cyclist and within inches of colliding with oncoming traffic and yet the Lieutenant Commander states “it was determined that the events depicted in your video do not rise to the level of misdemeanor reckless driving.” We can only conclude that CHP’s Legal Department is telling us that there must be a collision to rise to the level of misdemeanor reckless driving. California Vehicle Code§ 23103 states “Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” Based on the code a collision is absolutely not required for reckless driving. In the Incident Investigation Report the driver also admitted intent. The letter of the law has been met and therefore this is reckless driving.
The second bullet appears to tell all California cyclists that CHP will not accept bike mounted video evidence. This is hypocritical when Police Departments across the country are accepting citizen smartphone video and racing to equip officers with body cameras. Cyclists must have equal protection under the law.
We need your help to demand CHP tell all California cyclists how this extreme example of reckless driving does not “rise to the level of misdemeanor reckless driving” and why CHP will not accept bike mounted video evidence. This driver threatened everyone on the road and CHP sent him the message that it’s ok to recklessly endanger cyclists and oncoming drivers. Please tell CHP that they must cite this driver for violating the 3 Foot law and for Reckless Driving by adding your name and comments to our petition. Your name and comments will appear below.
If cyclists and those that love them don’t stand up and apply pressure then cyclists will not be safe on our streets.
Mounted video evidence is crucial evidence that supports bicyclists, pedestrians, and other vehicle drivers’ safety when a vehicle driver is endangering others on the road. I was hit by a van on Hollywood/Vermont and still remember that police said that without video or license plates, they couldn’t do anything to find the driver who almost broke my backbone. Courts and police must respect and honor this evidence. We live in a society that protects drivers and doesn’t protect bicyclists. Until we have Department of Motor...read more
Cyclists face lethal dangers on the roads. Without using this type of evidence to prosecute scofflaw drivers, lives will be lost. I don’t like to see impunity on the roads.read more
My daughter was killed biking to work in 2009. To reduce the chance of such a collision happening in the future, drivers need to be ticketed for reckless driving when there’s proof of it, regardless of whether a police officer is present. Legislation must require CHP and local law enforcement to consider video proof of reckless driver as the valid evidence it is. Any court would accept it so why doesn’t the CHP?read more
Might does not mean right. There is no tie when automobiles disregard the law and collide with bicyclists. Enforcement is imperative.read more
I want cyclists to be safe while riding on the streets and I want the local police departments to enforce the new three foot rule for drivers to give riders room on the streets even when the streets are too narrow for bikers and drivers to be independent of each other in traffic. Using video as a requirement should and will help the community.read more
If police are utilizing them to use as evidence in their arrests, etc. then cyclists videos must be evidence of a wrong doing as well. I had an incident where I was cycling at the 25 mph speed limit going downhill through Crockett Ca earlier this year, when a car driver suddenly came out from behind a building, not slowing and ran a stop sign, all the while looking at his cell phone and had ear plugs in his ears!! I slowed and swerved, narrowly missed being run over and hit his passenger side door! Witnesses confirmed what happened. CHP said...read more
1. Urban cyclists face problems of dangerous, ignorant drivers who injure them with impunity. Bike-mounted videos would help to educate the public. 2. A bike-mounted video camera would clearly show when a car violates the 3-foot rule, and so assist with law enforcement by providing evidence. 3. In view of the need to support state, national, and international efforts at lowering carbon emissions, we should do all we can to encourage cycling and protect cylists.read more
When bikes and cars come into conflict the car, being thousands of pounds heavier, usually always wins. Cars and trucks must understand that they could be seriously injuring or worse, killing someone when they do not obey the natural 3 foot rule. Is getting to your destination a couple of minutes faster really worth the risk of seriously injuring or killing someone for it and then having to live with that for the rest of your life. I dont think so. Courts must allow bike mounted video as part of the lawful evidence for enforcing the 3 foot...read more
As a bike safety advocacy organization, we support all opportunities to encourage safe behaviors from all motorists and cyclists!read more
Bicycle-mounted video evidence would lead to more enforcement of the 3-foot law. If cameras can be used to enforce motorist speed laws and red light running, it seems reasonable that bicycle-mounted videos should be admissible as well. This would lend “teeth” to the 3-foot law and perhaps lead to some changes in driver behavior.read more
I support efforts to stop illegal and dangerous harassment because I do not want cyclists to be involved in a motorist/cyclist crash that results in painful, crippling, or deadly injuries to cyclists. Bike mounted video evidence should be considered to help enforce the law. Cheers, Neal +1 mph Fasterread more
Consider the facts. The driver of the red truck attempted to squeeze between the cyclist and traffic in the adjacent, opposite direction, lane. In doing so he entered that adjacent lane when it was occupied by opposite-direction traffic immediately present, almost causing a collision between motor vehicles. In doing so, he overtook the cyclist with only about 1 foot of clearance. These facts are obvious and show driving that is dangerous and unlawful. Government’s statements that these are lawful acts is a plainly obvious lie....read more
Using bike mounted video evidence would encourage drivers to obey the law. Without such evidence, irresponsible drivers can harass and endanger bicyclists with impunity.read more
i will support efforts to stop illegal and dangerous harassment.read more
I was almost killed when hit by a car on August 30th 2013. I’m doing a bit of riding again and can not believe how close drivers pass and treat me while I obey all laws.read more
Far too many people driving cars have put my life in danger by aggressively passing me within three feet. They should not be able to do this with impunity, especially since I have tens of examples of this happening on my bike cameras.read more
I ride a bike as my sole form of transportation in Los Angeles, and I experience reckless driving and road rage DAILY from drivers who do not follow the 3-feet law. Furthermore, I have never seen this law enforced by law enforcement. As someone who uses bike mounted cameras, I would like to report these violations myself with legitimacy and justice served.read more
I support using bike mounted video evidence for our safety and to get reckless drivers in line. What is the difference between bike mounted evidence and other types of video evidence that are being used to enforce other violations? None. If you are going to have a law then enforce it. Enabling bad driving habits leads to accidents and fatalities.read more
Accepting bike-mounted video as evidence seems to me to be just too obvious to even be a controversy. My 12 year old son and I were riding through the El Cerrito hills and had almost this very same scenario happen to us, while we were doing the speed limit, but we do not have video of the incident. My son told me the driver cut him off while passing aggressively, and very close to him. I confronted the driver at the next stop sign and he was incensed that we were riding in the street and that I would allow my son to actually be in the lane. I...read more