Check out the print version of the Noise to read a nicely edited version of this article. Chuck does good work. Here is my article before the sweep of his magical editing pen…

Note: this is the first installment of a bicycle-related column in The Noise. If you or someone you know is interested in submitting a 1000-word column on riding bikes, or bicycle related issues in Northern Arizona, please let me know!

It is often said that Flagstaff is a bicycle friendly city. I’m not sure what criteria is involved in labeling a city as friendly to bicyclists; perhaps it is any city that has nice weather and a centralized population. Maybe it has something to do with a percentage of city funds that go toward bicycle infrastructure or the number of cyclists on the road. In light of a few recent bicycle-related fiascos, however, one thing is clear, if Flagstaff is a bicycle friendly city, it is not because there is widespread acceptance and respect for bicycle laws. In fact, the only people that seem to have any consistent knowledge of the Arizona bicycle laws are the bicyclists themselves.

“I’m not a lawyer or anything, but to me, the bicycle laws are pretty easy to understand,” said Randy Mason, an avid Flag cyclist and part of the new eagerly awaited bike shop, Revolution. Mason was recently involved in an incident involving one of Flagstaff’s many Mountain Line buses. As Flagstaff cyclists know, the bike lane has been mostly, partially, or completely blocked by snow since our fantastic storms a few weeks ago. Randy was riding his bike down Butler Avenue, as safely as he knew how, cruising in as much of the bike lane that was available. He claims to have been passed by a bus that sped by him dangerously too close.

Everyone reacts differently to having his or her life threatened on the road. Some of us cuss, spit, or throw up the finger; others can’t wait to tell their bicycle friends about it. Then there are some who do what motorists least suspect: we chase the dangerous driver down. Randy Mason is one of those people.

In the state of Arizona and in most other states, it is illegal to come within three feet of a cyclist going in the same direction. It is probably one of the most common bicycle laws in the country because it is tied to an obvious and universal sense of morality. Sometimes motorists and cyclists do not see eye-to-eye, but I hope it is safe to say that nobody wants to kill each other. A three-foot bumper is the minimum amount of space determined to ensure there is not a collision.

“If you hit a cyclist who is in the bike lane, it will always be your fault,” said Mason. By giving cyclists three feet, motorists don’t have to gamble with someone’s life. According to the Arizona Department of Transportation (ADOT), larger vehicles are in fact required to provide a 5-foot buffer when overtaking cyclists, and recommend anywhere up to 12 feet.

Mason boarded the bus and informed the bus driver that by law, he is entitled to three feet. The driver argued with him, claiming that Mason is not entitled to any amount of room while he is in the bike lane and that he is not permitted to ride in the vehicle lane under any circumstances. Even though Mason technically stayed in the bike lane because he was trying to ride as close to the right as possible, Arizona law clearly states that if the bike lane is blocked or is unsafe, the cyclist may temporarily ride in the traffic lane. Deciding whether or not to take the full lane is at the cyclist’s discretion. And who better to judge the safety of the bike lane than those riding on it?

The driver informed Mason that he had hit his “emergency” button and his supervisors and police officers should arrive soon. According to the police report, the officer responded to a report of “a possible fight in progress.” The driver also told police that Mason was being “confrontational” and he thought he was about to be “physically assaulted” by Mason. Fortunately we live in a world where everybody is recording everybody else. Mountain Line buses have between 6 and 8 cameras, which Mason later gained access to. He also recorded the whole incident on his cell phone and later put together a short youtube video.

“This whole thing made me feel better about having an iPhone…I think people’s ability to record and document situations like this will drastically change how things are done, especially by law enforcement.”

The footage shows a calm and collected Mason keeping his distance and his cool, as he talked to the driver. The driver also claimed that he couldn’t change lanes to go around Mason because there was a car in the lane next to him. However, one of the side camera angles clearly shows that the lane was completely free of traffic. The video also shows that the bus driver was speeding.

When the police showed up, Mason told him what happened, expecting the officer to know the bicycle laws better than the bus driver. But the officer chose to stuck up for the bus driver with his lack of knowledge of the bicycle laws. “I don’t know where you’re getting that you get three feet,” the officer said.

After Mason and the bus driver were permitted to go their separate ways, the city attorney had “determined the 3-foot rule doesn’t apply because Mason was in the bicycle lane and not in the lane in which the bus was traveling,” reported the Arizona Daily Sun after the incident.

“Not requiring a vehicle to observe the 3-foot law while a cyclist is in the bike lane, but requiring a vehicle to observe the law when the cyclist is in the same lane of travel as the vehicle doesn’t make sense,” said Erik Ryberg, a Tucson lawyer that specializes in bicycle related cases. “What that would mean is that a bike lane provides less protection to a cyclist than a cyclist who decides to disregard the bike lane,” Ryberg said.

Rewind to last July. Flagstaff will remember that much construction took place on Butler and on Lone Tree. The shoulders of the road were abraded during the construction and cyclists will remember that riding on this abraded pavement was nearly impossible. Therefore the bike lane was closed with clearly posted signs. Flagstaff resident Justin Pryzby was cited by a Deputy Sheriff for “impeding traffic,” when he was forced into the street because there was no bike lane. Pryzby is currently appealing the citation as the Sheriff chose to ignore the fact that not only was the bike lane unsafe, but it was closed. And according to Arizona law, these are the conditions upon which a cyclist may legally ride in traffic.

The judge suggested that Pryzby ride in the concrete space connected to the curb, commonly referred to as the “gutter pan.” Pryzby has repealed the decision. “It’s indeed disappointing that in both cases the police demonstrated ignorance and abrasiveness.”

Between these two cases, the city has created an impossible situation for cyclists. When it is not possible to safely operate a bike closer to the edge of the road, according to the city attorney’s interpretation of the law, motorists can come within inches. When cyclists take the lane in order to get a three-foot buffer, they’re cited with impeding traffic.

The plot still thickens. When Mason called the city attorney to ask her about this dangerous interpretation of the law, she said that was not her interpretation and despite the police calling and informing Mason and the subsequent article published in the Daily Sun, she had not yet gone over the case and made any decisions.

“When I received a call from the police, they had not spoken with the city attorney, but they were obviously trying to cover their ass,” said Mason. “They must have thought all this would just go away.”

Mason said he didn’t want anyone fired over the incident, and he doesn’t care about an apology either. “I just want everyone to know the laws.”