BSMART: A Solution to Enforcing the Safe Passing Law … Finally

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by Rob Simmons, PCI #1349
Chattanooga (TN) Police Department

Ever since states starting passing three-foot passing laws, I have been asking my fellow law enforcement officers from across the nation asking how they are enforcing their versions of the law. The resounding response has always been, “it’s impossible”. This is due mainly to the fact that judging distance between two moving objects FROM a distance can be difficult. Throw in the fact that officers are indeed human and, as such, prone to error, and you will have a difficult time proving a subjective measurement when faced with a defense attorney in court.

I was motivated to find a solution to this and began researching if the Chattanooga Police Department could develop a data-driven device which would measure proximity of a vehicle to a pedal cycle. After all, we have radar guns for speed enforcement, so why not utilize technology to prove a motorist’s proximity to a cyclist? I was fortunate to get into contact with Christopher Stanton, an engineer and cyclist in Austin, Texas, who was thinking along the same lines. Together, we were able to develop a device which had previously only existed on a few pieces of paper shoved onto the dashboard of my patrol car.

The C3FT device, referred to by our agency as the BSMART (Bicycling and Safe Motoring Applied Radar Technology) device, was built in May 2015, and put into action by the Chattanooga Police Department Bike Patrol.

The BSMART mounts to the handlebars of any bicycle and uses ultrasonic waves to detect the distance of a vehicle passing a cycle (including side view mirrors). It then displays that distance in inches for the police bicycle operator to view. The device is customizable to issue visual and audible alarms and can be set for specific distance measurements (for instance, three, four, or six feet; see http://www.bikeleague.org/sites/default/files/safe_passing_laws.pdf for each state’s passing laws). A GoPro camera captures both the readout of the display as well as an image of the passing vehicle. Even a distracted motorist will give most police cyclists a wide girth, which is why our plans included a plain clothes officer to operate the device during an enforcement “sting”.

Courts
Before we deployed the BSMART device for the first time, I approached our local judges and explained how it worked. We tested the device extensively to make sure it remained consistently accurate. The results convinced the judges to allow the measurement as well as the GoPro video to be used in the court room. It is important to note that probable cause can be satisfied in Tennessee by just the officer’s observation of a suspected violation. The device itself can supply supplementary evidence in court if needed. By testing the device prior to each deployment, we are building a case for its reliability each time it is used.

Deployment
An approximately half-mile stretch of roadway that is a hotbed of conflict between cyclists and motorists was selected for the first deployment. An unmarked bicycle was outfitted with the device and a plain clothes police officer equipped with a police radio operated the bicycle. Two marked patrol cars were staged in the area where the sting was conducted. Within ten minutes, we had the first violator pass in less than a three-foot distance. The violator was stopped, informed about the Safe Passing Law, and given literature on cyclists’ rights and responsibilities. We continued giving educational warnings to future violators when possible. If the attitude of the motorist didn’t allow for this type of behavior modification, a citation was issued.

Results
The BSMART device has performed accurately and has been reliable in the field. It has detected vehicles passing cyclists within three feet at low and high speeds. It is very easy to use and seemingly foolproof. A video of the device in action can be found at this link: http://tinyurl.com/bsmart3feet.

This device is being marketed and can be built to order with both three- and six-foot distances. It is fully customizable. Contact me at simmons_r@chattanooga.gov for information regarding its use. Please visit http://codaxus.com/c3ft/ for details about the device and/or to place an order.

Officer Rob Simmons has worked for the Chattanooga Police Department for 13 years, eight of which have been on full-time bike patrol. He is an IPMBA Police Cyclist Instructor. He created and implemented a Safe Bicycling Initiative in the City of Chattanooga, which promotes safe cycling and motoring through education and enforcement. He can be reached at biofish@gmail.com.

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