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Old 04-15-2014, 01:01 AM   #1
Gliding Steel
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Default Share the Road ? Unless disabled

I am gliding to market on a 4 lane 35 mph road with a center turn lane. The road is marked on my city government map as bicycle friendly. I am doing 12mph and have stobe lights going. Disability markings present.
I get a phone call and pull into a business lot. When I tried to leave one police car had blocked the entrance and another had parked nearby. The blocking policeman gives me a look "its not me, he wants you look".
The policeman says "you can't operate that on this street."
Why not?
"You're impeding the flow of traffic."
You can't do that. I am disabled and this is my mobility assistance device. My right to public access with my MAD is insured by the ADA Amendment of 2012. I carry motorcycle insurance for road use. You are discriminating against me.
"I am not discriminating against you.
By preventing my access to this road the ADA says you are. Do you stop bicycles for impeding the flow of traffic? You are civilly liable for this discrimination. All I have to do is file a complaint to the DOJ about you for breaking federal law.
"I guess I am going to have to look this up"
You need to know what you are doing rather than making up excuses to show bias and discriminate against the disabled. I left on that hot note to cool off.

Two cars and two cops were necessary to subdue the old man on the Segway. Later I realized I was wearing my Viking Battle Axe, used to intimidate the Segway haters (like the cop)
Next time I am carrying the Dept of Justice complaint form I found on the forum earlier as a method of intimidation. I guess the officer was already intimidated by my sharp tongue. He spoke maybe 3 sentences during the whole affair.
"Officer, let me get the information to file this Department of Justice complaint form against you"" Did you just spill coffee in your lap?"

Does anyone else have any brilliant replies for such unprofessional bias shown by that policeman?
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Old 04-15-2014, 03:38 AM   #2
Lily Kerns
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Ignorance is rampant! But the situation does improve and every situation like this is part of that process.

A smile and the confidence of knowing that you know the law are your best tools. I always carry more than one copy of that document with me. (Probably it's the one I put together. <g>) That way (almost) any one who is disarmed by your pleasant attitude is more likely to be willing to at least look at it. They may still want to call a supervisor, but that isn't all bad either. It just means that you are educating another person!

If the situation got out of hand, however, I've finally gotten to the point where I would call 911 or whatever without hesitation and ask for someone familiar with ADA law and tell them that I just happen to have a copy of the law with me if it is needed. But definitely keep your "big stick" hidden until it is required...

The one time that this approach didn't work, I finally said that we could solve the problem by calling the DOJ right now and reached for my cell phone. My intent was to just call the Help line and ask them to talk to her, but she panicked and went to call her district manager. I must admit that when she told me not to move while she did that, my serenity was sorely stressed!

I suspect that even bicyclists would find the lane problem you are describing would be a pain...
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Old 04-15-2014, 06:00 AM   #3
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Gliding Steel,

I feel your pain, but your best bet is to be a pedestrian instead of a vehicle. I have done both and using crosswalks, although more time consuming, is by far going to get you into fewer arguments.

When this happens to me, my sweetheart reminds me of the number of people that say it's cool and that often will bring me back from the edge.

Good luck, keep up the good fight.

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Old 04-15-2014, 10:47 AM   #4
Gliding Steel
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Default My hot button, social injustice. Followup Question?

I do have an exaggerated response to social injustice, be it poor, hungry, politically weak, and now the disabled. Even though I dispensed with this biased policeman, I still feel I could have done better and appreciate you speaking your experiences. This helps me and others learn and adapt to our disability. I have three info packets (with complaint form) from SegwayChat sources stapled and packed away on my ride.

I have found that in N.C. that Segways are restricted to roads 25 MPH and under. Segways are not considered a motor vehicle when operated by a disabled person. You can even drive drunk on a Seqway without legal ramifications (DO NOT RECOMMEND)

In this situation on a 35 mph road do my Federal rights as a disabled person trump state law because my Segway is a Mobility Assistance Device?

I called the ADA info line. Allow me to include some additional information. The 4 lane road has a sidewalk. It is strewn with glass, the joints are irregular and dangerous. Low hanging limbs obstruct the sidewalk. I chose to ride on the lightly traveled road instead due to safety concerns.
The ADA advisor feels that if the sidewalk does not present safe accessibility, I would be allowed to use the road as an alternative and the restriction would not apply on that road.

Last edited by Gliding Steel; 04-15-2014 at 12:07 PM..
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Old 04-15-2014, 10:46 PM   #5
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Quote:
Originally Posted by Gliding Steel View Post
I do have an exaggerated response to social injustice, be it poor, hungry, politically weak, and now the disabled. Even though I dispensed with this biased policeman, I still feel I could have done better and appreciate you speaking your experiences. This helps me and others learn and adapt to our disability. I have three info packets (with complaint form) from SegwayChat sources stapled and packed away on my ride.

I have found that in N.C. that Segways are restricted to roads 25 MPH and under. Segways are not considered a motor vehicle when operated by a disabled person. You can even drive drunk on a Seqway without legal ramifications (DO NOT RECOMMEND)

In this situation on a 35 mph road do my Federal rights as a disabled person trump state law because my Segway is a Mobility Assistance Device?

I called the ADA info line. Allow me to include some additional information. The 4 lane road has a sidewalk. It is strewn with glass, the joints are irregular and dangerous. Low hanging limbs obstruct the sidewalk. I chose to ride on the lightly traveled road instead due to safety concerns.
The ADA advisor feels that if the sidewalk does not present safe accessibility, I would be allowed to use the road as an alternative and the restriction would not apply on that road.
One thing I would have raised with the cop, as a question is, if this route is labeled as "bicycle friendly", how would he expect a bike to handle the turn? You are, after all, capable of traveling at bicycle speeds. (And bicycles do impede traffic. Why do we automatically assume the big expensive environmentally-unfriendly behemoth's rights to get somewhere quickly trump the rights of mere humans?)

If he had a reasonable answer to that, then it could be resolved by simply thanking him for the advice and promise to do it that way next time.

More likely, he wouldn't have an answer, and if so, you would have brought the discriminatory aspect of his stance to the fore.

And yes, a sidewalk has to be safe.
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Obviously, we can't have infinite voltage, or the universe would tear itself to shreds, and we wouldn't be discussing Segways.
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Old 04-15-2014, 11:35 PM   #6
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"And bicycles do impede traffic."
No, bicycles are traffic. By law, bicycles are vehicles with full rights and responsibilities on the roadway. All vehicles share the roads. On the other hand, Segways are not vehicles and have limited roadway rights. Apples and oranges.

North Carolina law:
Vehicle.
Every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, excepting devices moved by
human power or used exclusively upon fixed rails or tracks; provided, that
for the purposes of this Chapter bicycles shall be deemed vehicles and every
rider of a bicycle upon a highway shall be subject to the provisions of this
Chapter applicable to the driver of a vehicle except those which by their
nature can have no application. This term shall not include a device which is
designed for and intended to be used as a means of transportation for a
person with a mobility impairment, or who uses the device for mobility
enhancement, is suitable for use both inside and outside a building, including
on sidewalks, and is limited by design to 15 miles per hour when the device
is being operated by a person with a mobility impairment, or who uses the
device for mobility enhancement. This term shall not include an electric
personal assistive mobility device as defined in G.S. 20-4.01(7a).
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Old 04-16-2014, 08:46 AM   #7
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I've posted my particular related account of an interaction with law enforcement on other threads years ago.

What I wanted to relate here and now from that account is that I had good success from contacting the office of the county sheriff himself and discussing the incident. Though I didn't speak to the sheriff himself, I did talk to a general counsel about the matter.

I was calm and courteous throughout and concentrated on the facts of the matter (actually based on Sgt. Joe Friday's tactic: "Just the facts, Ma'am.") as well as e-mailing the gentleman links to the pertinent state and county statutes.

He later studied those references, and told me on a subsequent call that he concurred, and had actually discussed the matter with the senior officer over the patrol division who assured him that his deputies would be duly informed of those statutes.

Since then, I have noticed a much improved atmosphere regarding the use of our Segways on the Pinellas Trail, a county park.

I'm suggesting here that simple, sincere, factual communication with your law enforcement administration might be more effective and beneficial for both sides than any adversarial confrontations.

For me the situation I handled had to do mainly with a lack of knowledge on the part of the LEOs of the pertinent state and county regulations, due, I would say, mainly to the rarity of such incidents because of the low number of Segway PT in use "out there."
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