Traffic Ticket Diversion Programs for Bicyclists

"The Final Frontier": Strategy to promote more cycling in local communities

by Rich Conroy, Education Director
Bike New York

The July/August 2011 issue of American Bicyclist, the magazine published by the League of American Bicyclists, called law enforcement the “final frontier” in creating a bicycle-friendly America.  Enforcing traffic laws, and enacting traffic laws that level the road between cyclists and motorists is one of the five E’s in a strategy that promotes more cycling in local communities.  The five E’s are:

Engineering:  creating bike paths, bike lanes, and roads that are comfortable and safe for cyclists;

Education:  teaching cyclists and motorists how to interact safely and courteously with each other;

Encouragement:  creating programs and events like Bike to Work Day and Week, that encourage more people to ride more often;

Enforcement:  engaging the police and courts in efforts to discourage dangerous traffic behaviors and encourage safe, courteous choices in traffic;  

Evaluation:  studying how the implementation of the other four E’s affects crash and injury rates, as well as the rate of cycling in the traffic mix.  

So why, in the League’s view, is Enforcement the “final frontier”?  Too often, the role of law enforcement lags behind or is forgotten.  From cyclists’ perspective, there are too many police officers who don’t know their state and local cycling laws, and there are too many instances of cyclists injured or killed in which the investigating officer either only interviews the motorist, or the crash report dismisses the dangerous driving as an “accident”.  

Here in New York, there is tension between the police department and cyclists, stemming from the mass arrests of Critical Mass cyclists during the 2004 Republican National Convention; the issuing of tickets for actions that aren’t against the law; and a spate of crash non-investigations that resulted in no summons being issued for crashes where dangerous driving clearly contributed to fatalities. 

The relationship works both ways, however.  Police are far too used to seeing cyclists ignore traffic laws, and too used to hearing cycling advocates argue that more time and energy should be spent ticketing dangerous motorists rather than discouraging dangerous cycling habits.  

The good news is that several communities have led the way in establishing collaborative relationships between cycling groups, law enforcement, and courts.  In each of these cases, local bike advocacy groups have partnered with police and courts to create ticket diversion programs.  A ticket diversion program is one in which the police or the courts have the option to offer an alternative sentence to a fine or other punishment. 

The alternative sentence is usually community service related to the offense, or an education program designed to reduce the likelihood that the offense will be repeated.  In nearly all cases of ticket diversion programs for cyclists, the alternative sentence is a required class taught by trained and/or certified cycling instructors.  

Case Studies

Portland OR:  Portland is a top-rated, Platinum leader in the League’s Bicycle Friendly Community program, so it’s no surprise that they also have one of the best ticket diversion programs.   Portland’s is unique in that it applies to drivers and pedestrians as well as cyclists.  Their Share the Road class is a partnership between the Bicycle Transportation Alliance, Multnomah County courts, the Portland Police Department, the Portland Department of Transportation, and Trauma Nurses Talk Tough.  Only those who commit certain types of equipment and moving violation are eligible to take this class.  Portland police officers and courts have the discretion to sentence violators to take a Share the Road class by a certain deadline. Web:  (March 2021:  no longer able to locate). 

Pima County/Tucson AZ:  Pima County and the City of Tucson offer cyclists the opportunity to have one ticket dismissed per year if they show proof of taking a three-hour Bicycle Safety Class.  Whether to take the class or not is at the cyclist’s discretion; they are not assigned to the class by the police or court.  Cyclists must pre-register for the class and present a certificate of completion to the court before their court date, or they may ask for an extension to attend the next available class.  The class is offered by the Pima County Bicycle and Pedestrian Program, and is taught by certified League Cycling Instructors.  The City of Tucson is a Gold Level Bicycle Friendly Community.  Web:  https://ezazbikeped.com/ (March 2021).

Marin County CA:  Marin County, just north of San Francisco, has long been a hotbed of cycling.  The Marin County Bicycle Coalition partners with Marin County Superior Court to offer traffic citation fee reduction classes for cyclists.  Ticketed cyclists may participate in the reduction program by pleading guilty and paying their fine, noting with their payment that they intend to take the ticket diversion class. They have 120 days after the court appearance date shown on the infraction to take the class, after which the fine is reduced to $50.  Cyclists who contest the ticket and are proven guilty are not eligible to take the class.  Web:  http://www.marinbike.org/traffic-citation-fee-reduction/ (March 2021).

Lessons

How well ticket diversion programs work depends on how much local control municipal and county courts have over traffic ticket penalties.  Housing traffic ticket penalties in state DMV courts or state-mandated penalties for traffic tickets can complicate attempts to create ticket diversion programs.

Police departments should partner with local bike advocacy organizations, which may already have classes, curricula and instructors in place.  Many bike organizations are eager to partner with local police agencies.  There are other key partners as well, including injury reduction programs, hospitals, and municipal bike-ped planning agencies.

Portland Police and the Bicycle Transportation Alliance have partnered to create a Bicycle Enforcement Training video.  Other jurisdictions with enforcement training videos include Chicago, Massachusetts, and Maryland.

More enforcement training tools can be found on the IPMBA YouTube Channel, IPMBAVid. 

Police training should convey a strong message that cyclists are legitimate, equal road users, with equal rights and equal responsibilities to everyone else.   

Richard Conroy is the Education Director at Bike New York, and a League Cycling Instructor (LCI) for the League of American Bicyclists.  Bike New York partners with Midtown Community Court in Manhattan to provide a monthly class for cyclists who receive criminal misdemeanor citations for dangerous cycling infractions.  Visit http://www.bikenewyork.org/education/ for more information.  Rich can be reached at rconroy@bikenewyork. 

Traffic Ticket Diversion Programs for Bicyclists

A bicycle “diversion” program allows offending cyclists to take a cycling safety workshop as an alternative to paying a traffic fine (i.e., they are “diverted” from the court system).  Police departments can run such workshops internally or contract with an outside expert.  Such programs are popular because they emphasize safety rather than punishment and help develop cooperation among police, parents, and bicycle safety advocates.  Scout troops, school groups and parents often voluntarily attend the safety workshops.

Here is how such programs typically work:

Cyclist is ticketed for violating a traffic law.

If the cyclist is a child, police send a standard letter to the parents describing the violation, emphasizing the importance of observing bicycle traffic laws for the sake of safety, asking the parent to bring the child to a bicycle safety workshop (typically offered monthly or semi-monthly) within a specified time period (such as three months), and inviting the parent to contact the program coordinator with any questions.

If the cyclist attends the workshop, the traffic ticket is void.

If the cyclist fails to attend the workshop in the specified period, the ticket is processed.

Police and courts coordinate to allow efficient processing of cyclist traffic tickets.

Jurisdictions with ticket diversion programs in March 2021 (updated from original article dated Fall 2014) include:

• Athens-Clarke County GA
• Austin TX and others (Defensive Cycling; now Center for Cycling Education)
• Champaign IL
• Colorado State University CO
• Livermore CA
• Santa Clara County CA
• Stanford University CA 
• Tempe AZ
• UC Davis CA  

Deschutes County Bicycle Diversion Program

by Brian Potwin
Commute Options

In 2011, transportation officials in Bend, Oregon, decided to do something about the alarming rate of bike/motor vehicle crashes.  The top four causes were wrong-way riding, failure to obey traffic control devices, improper lighting and reflective devices, and right hooks.  Increased bicycle rider education was needed!

As a result, judges from local courts, Deschutes County Sheriff’s Department, Bend and Redmond Police Departments, Deschutes County Bicycle and Pedestrian Advisory Committee (BPAC), and a local nonprofit organization, Commute Options, collaborated to offer a bicycle diversion program.  It offers education through enforcement.  Ticketed cyclists get the opportunity and option to learn about their rights and responsibilities instead of paying an expensive fine.

The bicycle diversion program holds bicycle riders accountable for their actions, and respects them as legitimate roadway users.  The class provides education through enforcement, ultimately aiming to reduce the number of crashes and increase public health and safety.  Clients sustain program funding by paying a reduced fine, which is used to pay court costs and classroom fees.  Classes are held once a month in the Bend Municipal County Courtroom.

To increase efficacy, it was necessary to ensure consistent enforcement across overlapping jurisdictions.  Bend’s 52 patrol officers received special training in vehicle code, provided by Commute Options.  Now, local law enforcement officers issue citations without feeling that it will disproportionately impact lower-income individuals.

In its second year, the program has contributed to a 32% drop in bicycle crashes and zero fatal bicycle crashes for the second year in a row.  The program is considered to be one of the leading factors in the trend. (See data table.)

Commute Options has worked to educate Bend’s cyclists and drivers, and has added information about cyclists to drivers’ education classes.  These classes teach bicycling skills and also establish multi-modal education with new drivers.  Safe Routes to School also plays a role in educating youth in the community.

The bicycle diversion program is delivering effective education to improve safety and increase the positive perception of bicycle riding in our community.  Strong partnerships focusing on education and enforcement are moving the community towards safer and more enjoyable rides, allowing more residents to consider multi-modal transportation.

Commute Options promotes choices that reduce the impacts of driving alone.  Through active transportation choice, Commute Options encourages healthy individuals, a clean environment, and a strong economy. Commute Options represents transportation options in our community by educating citizens, businesses and government about the value of carpooling, vanpooling, walking, bicycling, teleworking and using public transportation.

(c) 2014 IPMBA.  This article appeared in the Fall 2014 issue of IPMBA News. 

---