According to the blog of east Austin store Complete Clothing, fixed gear riders are getting ticketed in San Marcos. Now, this is a real bummer, but I would attribute it more to confusion on the part of law enforcement than any sort of “crackdown on fixed gear culture.” I think it’s more likely that San Marcos police just don’t know what to do or think when they encounter a bicycle with no visible brakes, and there’s an education gap here. I’m sure that fixed gear riders who know what they are doing could easily meet the legal standard in Texas, making the “braked” wheel skid on a dry, level road surface. On the other hand, bicycles with drum or disc brakes, like my Azor, probably can’t meet that standard, as we can’t really skid out at all! Believe me, I’ve tried.
There are lots of laws that cyclists may or may not be breaking depending on what they are doing, and a lot of that is just because cycling is such a varied activity with lots of similar, but differently functioning, equipment and riding styles. Another example of this would be doing a track stand at a stop sign or red light, and getting ticketed for not coming to a complete stop because you didn’t put a foot down on the ground.
It’s clear that many of these laws need to be revisited, or at least have some updated interpretations by the courts (usually the latter happens only when a challenge is put forth). I have almost finished reading Bicycling and the Law, by Bob Mionske, and it’s been a real eye-opener in this regard. Look for a review of the book soon, by the way.
In the meantime, be safe out there, don’t get any tickets, and have fun this weekend!
on Oct 31st, 2008 at 1:32 pm
They may be able to make the bike skid, but that’s not the legal requirement, which is that the bike has to be “equipped with a brake” capable of making the bike skid.
Not saying it’s right, but that’s what it says.
on Oct 31st, 2008 at 3:41 pm
Right, the law actually says –
§ 551.104. SAFETY EQUIPMENT. (a) A person may not
operate a bicycle unless the bicycle is equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement.
Now, what qualifies as a brake? Your legs? Your pedals? Cranks? Chain? Hub? Tire? Certainly, many fixie riders can make the back wheel skid simply by locking their legs, but if that qualifies as a `brake’ would depend on how a judge or jury would interpret the working of the law.
This could be clarified by fighting the ticket in court, creating a precedent, but that would be expensive and time consuming to do properly (you’d probably want to get a lawyer, for starters.)
Personally, I think the `make a wheel skid’ criteria is stupid. For example, a standard bike with a front brake usually can’t make the wheel skid at all — the bike will flip first. But the bike can stop about 3x faster than anything with only a back brake.
Perhaps we could get the law updated, but I’ll bet that the lawmakers would be unwilling to explicitly state that your legs are an effective brake, and they would be unwilling to remove that clause entirely, just because brakes are seen as essential safety equipment. A judge might be willing to rule that your legs can work as a brake, however, and so they satisfy the requirement. But it would depend on the judge and how the case was presented.
on Oct 31st, 2008 at 3:45 pm
Sure, making the wheel skid is a ridiculous standard, it should probably be changed to just require some form of braking system that can stop the bicycle in X number of feet or less from a speed of Y.
on Oct 31st, 2008 at 10:41 pm
This appears to be a case where a law was written without understanding the variations of bicycles in the wild. While not many people are ridding fixed gear bikes they do exist and have for sometime.
While I have no experience ridding a fixed gear bike I think in some situations braking in a hurry up stop style is much harder or even impossible. Maybe brakes should be a requirement at least in the beginning days of riding such a bike.
Rick Ankrum
http://www.texbiker.net
on Nov 1st, 2008 at 4:17 am
What is a “brake”? If the torque applied backwards to pedals results in slowing down the bicycle, that seems to meet the (undefined) legal “definition” of a brake.
However, after reading the article in the CC blog, I was compelled to use the word ‘idiot’ and ‘absurd’ when I read the comments from the fixsters. “Pure”? I would agree that one can survive riding around town without a cable brake, but “pure”?
“Extension of themselves”? My cable brake has been an extension of myself for at least 15 years.
It just sounds like these fixies (disdaining ‘secondary’ brakes) are simply gambling with their lives. I suppose that’s cool for a while when you’re young… some people even grow up and it’s their life, performing in circuses, etc. (… stay with me… there’s no sarcasm here…) but it is indeed considerably risky to be doing “pure” biking in any sort of traffic with any sort of hill. Some of you will be in the hospital or dead from doing this… but some of you will have close calls over and over again and will change your mind to install “a brake you never use” except every few years. I hope it’s there for you to use.
on Nov 1st, 2008 at 11:04 pm
I can stop easier on my brakeless fixed gear bicycle than I could on my old ’79 Motobecane Grand Mirage 10 speed with the crappy side-pull brakes. Yes, it’s dangerous, but so is commuting in heavy traffic. I guess it’s all a matter of personal responsibility. I have both health and life insurance, but many riders I know do not.
Either way, is life so good in San Marcos that they have to crack down on this? Must be a nice place to live.
on Nov 2nd, 2008 at 4:45 pm
I know you folks are discussing the finer points of the law, but all we’re talking about is a bunch of fixed-gear hipsters getting a few tickets.
Let’s not get too worked up about a bunch of kids with bad haircuts and a penchant for the world’s most boring cycling side-hobby (track standing) spending a few of their extra dollars to support our local civic projects.
all in good humor,
fence
on Dec 3rd, 2008 at 6:07 am
Personally, I don’t think fixed-gear bicycles are appropriate for urban use, UNLESS they have a normal mechanical brake added. And really, not even then. In my view, fixes are velodrome racing bikes, period.
And for that matter, I don’t like the idea of clipless pedals for urban cycling. I’ve actually seen someone have to make a panic stop (when he realized that his stop-sign-running was about to put him in grave danger), and then fall over because he couldn’t get his feet unclipped fast enough. How embarassing is that? OK, maybe he had his pedals set up a little too tight, but still…
on Dec 1st, 2010 at 8:13 am
It bothers me that anyone who rides a brakeless fixed gear is a hipster.. I love my brake free fixed gear. I’m pretty sure I’m not a hipster because im 37 years old but anyways.. I enjoy by bike because its a good workout and fun to ride. I can stop that baby whenever I want! I love riding my bike.