Having been sandwiched between buses with inches to spare, I certainly feel for the biker, but I do think that he lost his chance to any reasonable solution when he spat at the rear view mirror. You can't demand respect from people by spitting at them.

Also, despite the bad behavior of the bus driver, you can't really expect the police to deal with a situation like this. There was no accident. It's not the polices business. However frustrating.

I do think the biker should contact WMATA relentlessly and make sure that WMATA understands how dangerous their drivers drive. In general, I think some defensive driving course would benefit many bus drivers. WMATA could make a priority to explain their drivers that safety ranks higher than being on time.

by Jasper on Mar 4, 2009 10:57 am • link • report

In my commute, I am on 14th St in Columbia Heights for approximately 3-4 blocks. In that very short stretch, I am nearly run down by a bus basically once a week. The buses don't feel that they need to follow rules that a car would need to follow, e.g., waiting until there is actually a gap in the traffic before merging back into traffic from the curb. This is merely annoying in a car, but on a bike it's sometimes life-threatening.

That said, I do agree with Jasper that it's hard to feel sorry for a cyclist when they spit on a car. Also not particularly surprised or even bothered that MPD wants nothing to do with this. Part of what I like about MPD in light of spending most of my life in small towns with bored police forces is that they don't constantly occupy themselves with pursuing questionable citations/charges. (Occasionally yes, but nothing like what I grew up with.)

by Nate on Mar 4, 2009 11:05 am • link • report

Not just defensive driving, but safe driving. WMATA buses are worse than the average DC area driver. They run red lights, yellows as well, speed, pull out from stops without safe distances. Many drivers are basically bullies.

I understand buses are harder to operate and maneuver than cars, especially in traffic. But they are even more dangerous than cars. And I understand a need to keep on whatever schedule.

But that's no excuse. Nor, however, is spitting excused by bad driving. If you're close enough to spit, you're close enough to tap on the window to tell the driver to be more careful.

by ah on Mar 4, 2009 11:06 am • link • report

I agree with the above, except:

>you can't really expect the police to deal with a situation like this. There was no accident. It's not the polices business.

If a citizen wants to file an assault charge, which apparently this cyclist tried to do, the police have to take it. It is not up to the police to decide what is and isn't assault. We have courts for that.

by BeyondDC on Mar 4, 2009 11:11 am • link • report

I'm not sure I see anything wrong with spitting on the bus. Impolite, yes. But it doesn't in any way make the poster less sympathetic (not to me, anyway). As usual, a driver attempted to assault someone with a deadly weapon, police were notified, police did not do the job that they are sworn to do (PROTECT and serve).

It is infuriating to spend time moving around this city; more often than not, leaving the house results in some sort of incident with a law-breaking driver.

I nearly got mowed down by a guy (speeding) in a SUV in the crosswalk at 5th and Eye on Saturday. I slapped his car and he proceeded to pull over and come after me (shouting ethnic slurs, of course, because white folks don't have much right to cross a street in Washington without being threatened). It's a bad situation, and MPD is useless.

by CP on Mar 4, 2009 11:12 am • link • report

This morning was a nasty morning for bikes. I biked from Eastern Market to Farragut North and had at least three cars yell at me. One actually leaned out his window and screamed, "Get on the sidewalk!" Can we make proper cycling rules part of driver's exams?

by Patrick on Mar 4, 2009 11:16 am • link • report

@BeyondDC,

I'm pretty sure that isn't 100% true.

by Nate on Mar 4, 2009 11:23 am • link • report

I second Jasper's comment (the first one of the thread).

I also strongly recommend the cyclist participate in Friday's online chat with Metro.

Finally, I know he or she was extremely frustrated, but I don't know if I would regard the assessment that there is a decreased demand for transit services - although yes, service can be bad at times.

Good luck pursuing this with Metro.

by Jazzy on Mar 4, 2009 11:25 am • link • report

I agree w/ Patrick. Education is part of the soultion. First step: add questions to the drivers licsense test on bike and pedstrian safty and rights.

by Bianchi on Mar 4, 2009 11:26 am • link • report

BeyondDC said: "If a citizen wants to file an assault charge, which apparently this cyclist tried to do, the police have to take it. It is not up to the police to decide what is and isn't assault. We have courts for that."

Not true. A police officer has to have a reasonable belief that a crime has occurred to charge someone with assault. Officer did not apparently have that.

The cyclist could bring a civil action for assault--that's what the courts are for.

by ah on Mar 4, 2009 11:29 am • link • report

Can I spit on bikers that almost run me down in crosswalks? Seriously, I feel sympathetic for the situation, that stops when someone decides to aggravate what is already a dangerous situation. No the bus driver who is probably stressed out after dodging kamikaze cars, angry passengers, and covering a double shift while driving on snow covered streets doesn't have a right to try and kill you. You have a responsibility not to be a dick.

by Mike on Mar 4, 2009 11:42 am • link • report

@Bianchi

What about people who move here from other states/cities with different license tests? I moved here from Philly and wasn't prepared for the amount of cyclists on the road. Most cyclists in Philly bike on the sidewalks, or most of the main roads have bike lanes. I definitely never had to worry as much about cyclists (good or bad) up there. All in all, the drivers/cyclists/pedestrians down here are far worse than those in Philly. Maybe it's all the dumb tourists.

by Malarie on Mar 4, 2009 11:49 am • link • report

Malarie, I agree, lack of education among drivers on the safty and rights of pedestrians and bikers is widespread and systemic. More practically, did you turn over your PA liscense and get a DC one? DC could provide people like you with information at that point-of-contact.

by Bianchi on Mar 4, 2009 11:56 am • link • report

"I know my actions may have escalated the situation." An understatement. IANAL, but I'm pretty sure spitting can be construed as assault. You need to call the cyclist's actions what they are, GGW: Road rage. Road rage is road rage whether you're behind a wheel or behind handlebars -- and whether you initiated the conflict or simply escalated it.

by c5karl on Mar 4, 2009 12:00 pm • link • report

@Bianchi

Yup, definitely got a DC license. Unfortunately, the dmv sucks as it is (and that's NOT specific to DC!) so I could never see them implementing anything like that. I've always wondered why you didn't have to retake the written exam when you move to a new state. Of course, I don't torture/threaten cyclists with my car, but it is rather annoying when they go 5 mph in rush hour traffic.

Also, it's not just in DC, but out in Maryland, too. I commute out to West Bethesda and it's much much more dangerous for the cyclists out there. The roads are windy and very narrow, so the drivers have to practically stop so they can see if they can pass the cyclist. Granted, most cars DON'T, so it becomes a battle between not only the passing car and the cyclist, but also the oncoming traffic that they neglected to address. I'm surprised there aren't MORE accidents around here.

by Malarie on Mar 4, 2009 12:06 pm • link • report

@ Malarie: I get tired of this 'lack of education' argument. The fact that you have a driver's license does not mean you are a safe driver.

Traffic rule #1 around the world is that you need to drive safely.

One of the most important elements in safe driving is anticipation. Since nobody is perfect, you should expect children to run into the street, bike to shoot from anywhere, and car drivers to assume they are all the best driver ever.

Now, government try all kinds of ways to capture this into rules and legislation, but that never dismisses you from your own responsibility to drive safely.

by Jasper on Mar 4, 2009 12:21 pm • link • report

I think this is neglected as a quality of life issue. Motorists and cyclists in this region are manaical, and walking feels dangerous on all but the narrowest, slowest streets. Driving is no better. Transportation in this area is a high stress, nasty affair, and it is the number one reason I consider getting the hell out of this place.

by Omari on Mar 4, 2009 12:31 pm • link • report

And yet, I have a friend who once characterized driving in DC versus driving in NYC as "like taking candy from a baby." (Ok, that was a couple of years ago.)

I think we need to keep a bit of perspective.

by Jazzy on Mar 4, 2009 12:34 pm • link • report

@Jasper

Wow - I explicitly said that I do not torment cyclists. I'm not defending drivers at all. Learn to read.

by Malarie on Mar 4, 2009 12:37 pm • link • report

The cyclist spat at the rearview mirror, not the bus driver. Is it juvenile to spit? Yes. Is it stupid to spit at someone with a potential deadly weapon? Yes. But it's not assault -- assault is a crime against a person, not a thing; rearview mirrors do not have rights, and people do not have the right to avenge wrongs done to their rearview mirrors. At most, the cyclist was "guilty" of attempted property damage (assuming s/he managed to hit the mirror and cause any damage), and even that's a major reach. (Under DC Code Section 35-251, it is illegal to spit on a bus, but not at one.)

The driver's conduct, on the other hand, could be seen as assault with a deadly weapon (DC Code 22-402), a violation of DC Code 22-404(a) ("Whoever unlawfully assaults, or threatens another in a menacing manner"); or a violation of DC Code 22-407 ("threats to do bodily harm").

I think the problem here is that people, including police, rarely see a crime when a motor vehicle is involved, even if that motor vehicle is used as a weapon. The question is: if the cyclist and bus driver had been two people walking down a street and #1 had spit at the other's shoe, and #2 had taken out a gun and attempted to shoot #1, would the police officer responding refuse to take a report or give their badge number?

by Eileen on Mar 4, 2009 12:38 pm • link • report

@Eileen

The driver's conduct almost definitely could not be seen as assault with a deadly weapon. At best, grabbing at the cyclist might be seen as simple assault. I simply don't believe from the story as told that the driver was trying to hit the cyclist with his bus, and typically intent is required for an assault charge.

by Nate on Mar 4, 2009 12:58 pm • link • report

@ Malarie: My annoyance with the 'lack of education' was not intended as a personal attack. However, you did say: I moved here from Philly and wasn't prepared for the amount of cyclists on the road.

@ Eileen: could be seen. *Could* is the correct word. There is no case. There is a statement from a biker, without any other backup. Please use your frustration in a positive way.

The question is No, that is not the question. Sigh. The question is how we can treat each other with respect on the road. Spitting and murder accusations are no part of that. Neither is nearly running over bikers, and yelling, by the way.

by Jasper on Mar 4, 2009 1:14 pm • link • report

Metro makes it very difficult to make reports about unsafe bus driving. The Metro website has no listed number for driver safety issues, and calls to Metro on the subject are routed to the general comment line, which handles all rider comments from station cleanliness to (often) late buses. Once when I observed a 30s bus speed through a crosswalk (on a red light) where pedestrians were alrady crossing, I persisted in getting through to Metro police. The officer wouldn't take the information, but provided the name and number of a bus operations executive, explaining that he really wasn't supposed to share the number but the driver's conduct sounded serious.

Why won't Metro do what so many other common carriers do -- put a prominent "How's my driving?" sign on the back of the bus, with clearly vehicle ID and a dedicated phone number and web address for reporting? A suggestion for the RAC meeting, perhaps?

by Rick on Mar 4, 2009 1:16 pm • link • report

@Jasper

Gotcha - sounded personal, sorry for taking it that way! The statement that I wasn't prepared was more that I was shocked when I encountered so many cyclists down here. And still, I didn't attack any of them with my vehicle haha.

And once again the use of the English language gets misconstrued through the comments section :)

by Malarie on Mar 4, 2009 1:20 pm • link • report

@ Mararie: That's what the internet does to you, and why smiileys are so useful ;-)

Anyway, if you really want to get trained on bikes in traffic, go to Amsterdam, or any major Dutch city. In Amsterdam, the police will actually tell you (the bikers) to not be a hypocrite and stop for a traffic light, when the only other traffic participant is that cop. "Oh come one, you wouldn't stop if I wasn't here!". On the other hand, in the Netherlands, cars drivers are by law at fault when they hit a biker. The burden of proof is on the car driver to show they weren't at fault. The assumption is that bikers are never really interested in behaving dangerously enough to get hit by a car. And that car drivers should know that bikers are crazy.

by Jasper on Mar 4, 2009 1:46 pm • link • report

A cyclist is nearly killed twice, and you can't feel sorry for him because he spit? What's wrong with you? Spitting and manslaughter or equal in your eyes? The disdain for human life is unbelievable.

by Brendan on Mar 4, 2009 1:48 pm • link • report

I'm conflicted about whether GGW should be constructing entire postings around anonymous statements. Atleast ones of this nature... I tend to believe either the cyclist's name should have accompanied with the statement or the MPD officer's name should have been redacted. It's one thing to let anonymity run wild in the comments, but constructing an entire post around anonymous sources throwing civil servants under the bus (pun intended) doesn't feel right to me. (and I work in the private sector)

by Paul S on Mar 4, 2009 1:51 pm • link • report

Sounds like a classic moral hazard regarding bicyclists and bad riding habits in the Netherlands.

by MPC on Mar 4, 2009 1:51 pm • link • report

Paul S: For the record, I know the cyclist, and I trust his story. He asked me to withhold his name for privacy reasons.

I hadn't thought about whether or not to include the officer's name. My intention was not to cause any public reaction to the officer personally; I've redacted it, and also the bus number. The cyclist notified MPD and WMATA police, who will hopefully follow up with the individuals involved.

by David Alpert on Mar 4, 2009 2:18 pm • link • report

I was on that bus! I heard somebody outside the bus yell "tell me your name, you have to tell my your name!" but I didn't see what had happened. Craziness.

by Andrew on Mar 4, 2009 2:33 pm • link • report

Nate -- On assault with a deadly weapon, I see your point; it does seem clear to me that the driver was attempting to threaten the cyclist, though.

Jasper -- You're a bit condescending. I didn't say anything about murder (is anybody dead? no, nobody's dead). For the record, I do not believe every driver should go to jail; I do believe crimes committed by drivers are not taken seriously enough and "mutual respect" is not the solution to every problem.

I ran across another story about a bus driver, though, in the same vicinity -- this one got off the bus and punched a police officer dressed up as McGruff the Crime Dog:

http://www.dcexaminer.com/local/crime/Metro-bus-driver-takes-bite-out-of-McGruff-the-Crime-Dog-40558982.html

I don't know whether I hope they are the same driver or not...

by Eileen on Mar 4, 2009 3:08 pm • link • report

I can't stop laughing about the McGruff story! I know I'm a horrible person but I just think the concept of a bus driver pulling over and then randomly punching McGruff the crime dog is so surreal. It's one of those things where you don't know whether to laugh or cry. I'm laughing for now.

by Cavan on Mar 4, 2009 3:24 pm • link • report

Interesting how there's no mention about the cyclist putting a whole busload of people at risk by their immature/petty actions ... (1) not sharing the road by letting the bus driver safely pass; (2) antagonizing the bus driver. IMHO, it's the cyclist who should be being cited in this case.

Additionally, this brings up again the recurring theme that bike lanes are "unsafe at any speed" (yes, pun intended in citing the title to Ralph Nader's famous book exposing a product that he felt was being manufactured with little regard to safety.) I remember reading about the 3 foot safety rule here on this blog. And I remember asking 'how is a motorist supposed to keep 3 feet away from a cyclist (and not hit on coming traffic head on) if the cyclist isn't keeping to the center of the bike lane?" I think the response had something to do with the cyclist and motorist "sharing the road". Which made sense on a theorethical level. But now this cyclist is claiming s/he shouldn't have been passed if the bus couldn't pass (without hitting on coming traffic) AND give the cyclist 3 feet.

These bike lanes aren't working. What kind of research was done before we went down this experimental path? Probably the same non-existant research that the Office of Planning is now using to support the experimental policies it is proposing be codified into the zoning regs. It's nice to be "cutting edge" ... but being "cutting edge" also means you end up bleeding when it turns out the experiment doesn't provide good results.

by Lance on Mar 4, 2009 3:33 pm • link • report

@lance: How would the bus riders be put at risk? Last time I checked, collisions between buses and bicycles don't usually involve injury to the bus riders.

by Michael Perkins on Mar 4, 2009 3:47 pm • link • report

@Lance

Also, the situation is a bit different on account of DDOT's inability/unwillingness to treat bike lines for snow. I had a similar problem on Calvert in Adams Morgan this morning, although thankfully no one tried to run me off the road. This isn't exactly a normal circumstance in the district, and drivers, particularly bus drivers, need to understand that sometimes unusual circumstances do (god forbid!) cause delays.

by Nate on Mar 4, 2009 3:59 pm • link • report

@Nate, good points. Bus drivers cut a lot of folks off ... not just cyclists. I suppose it comes with the territory. Like cabbies, they're driving all day ... they get good at it. And rarely do they (either the bus driver or the cabbies) actually cause or get into an accident, even though they also rarely abide by the rules completely. I guess they take the "share the road" and "use common sense to share it" to its ultimate end. This cyclist today wasn't interested in sharing from the account we read. The cyclist was demanding a 3 foot leeway even though that probably wasn't possible. It wasn't a matter of the bus driver pushing them off the road. It was a matter of the bus driver safely maneuvering around the cyclist and not getting caught in head on traffic while doing it. The driver drives all day. What may have seemed a risky move to the cyclist, was more than likely a routine and very safe one from the driver's perspective .... and one he'd probably been doing every time he passed a similar cyclist riding to the left to avoid the snow this morning. And further more, one that would most likely have remained completely safe for all involved had the cyclist been "sharing the road" and not been so insistent on excercising his "legislative" right to 3 feet of clearance.

@ Michael, Antoganizing a driver who is probably already tired from dealing with unusual obstacles for the past 3 days could easily have caused the driver to make a miscalculation and slammed into something (or someone) hurting his passengers (and possibly others.) Anytime one is on the road, in any capacity, one has a responsibility to look out for all the others sharing that road ... and not just for theirselves.

by Lance on Mar 4, 2009 4:18 pm • link • report

The cyclist was expecting to share the road in a reasonable way with other users. It was the bus driver who was unwilling to share the road and demonstrated this attitude by roaring past too close without thought as to the very real possibility of deadly consequences for being so impatient.

by Bianchi on Mar 4, 2009 4:33 pm • link • report

My first thought was that the cyclist should file a complaint with WMATA about the bus driver, and a complaint against the police officer with the Office of Police Complaints. Here, in its entirety, is the press release announcing a 24-hour hotline for police complaints:

OCCR Announces Police Complaint Hotline

(Washington, DC) The Office of Citizen Complaint Review's (OCCR) toll-free hotline allows citizens to report complaints of police misconduct 24 hours a day, seven days a week.

During the agency's normal hours of operation (Monday through Friday, 8:30 am to 5 pm), an OCCR investigator will be available to take complaints and answer questions regarding how to file a complaint. When the office is closed (nights, weekends, and holidays), citizens may leave a voicemail message and an OCCR investigator will attempt to contact them during the next business day.

In addition to the hotline, OCCR will continue to accept complaints by mail, fax, and in-person at its office at 730 11th Street, NW. Citizens also may files complaints at any MPD district station.

The obvious missing piece of information is the hotline number, 866-588-0569. If the officer was within her right to not file a complaint and not give her badge number, that should be an easy question for the person answering the hotline to address.

Who to go to at Metro was tougher to find, but the Inspector General has the authority to investigate Metro operations and is supposed to provide "accountability or compliance with professional standards and integrity in everything Metro does." The number for the Inspector General's Office is (202) 962-2400.

by Stanton Park on Mar 4, 2009 4:37 pm • link • report

I think the whole spitting thing was wrong and counterproductive, but also entirely understandable. When you're in a situation like that, you've LITERALLY just narrowly escaped death. Not some mere inconvenience, or property damage, or even injury. The end of your existence on this planet. Of course you're going to be angry, and it really doesn't help when the person responsible for your near death fails to realize it. Your adrenaline is going full blast, and it's hard to control your anger. But you have to try. And from the other side, I think it would greatly improve relations if drivers could feel the sense of vulnerability that cyclists have. It's not something one would understand on a conscious level: it's something you need to feel on an emotional level.

by anonymouse on Mar 4, 2009 4:49 pm • link • report

Anonymouse, I think you have summed it up exactly. I have had a few near-miss experiences on my bike, and have never felt such intense emotion at any other time in my life -adrenaline pounding non stop, total terror, and the driver completely oblivious and indifferent that he almost killed you. You cannot understand if you haven't been there. If every driver who was physically capable had to ride a bike in DC for a day, it would accomplish more than any law.

by Erica on Mar 4, 2009 5:26 pm • link • report

Do Metrobuses have forward-facing cameras as police cars do? Perhaps that's something the RAC could look into or our representatives on the Board could push for. It would also be instructive to examine differences between Metro and the Circulator, whose drivers are less vicious.

by Turnip on Mar 4, 2009 8:06 pm • link • report

Because my commute brings me into ridiculous traffic jams, I do not ride my bicycle to work. Any temptation to try again and this time maybe find an alternate, less clogged route has been squashed by reading nightmare stories from this blog. Honestly, I don't know if things have gotten worse since the last time I rode on a regular basis, about 10 years ago, but it just seems like the most dangerous thing you can do is ride a bike on the streets of DC. I don't ever recall feeling as besieged as I hear the commenters feel. I wonder if it is because I am female? And I wonder if female cyclists have as many nightmare experiences these days.

by Jazzy on Mar 4, 2009 9:06 pm • link • report

@Lance "But now this cyclist is claiming s/he shouldn't have been passed if the bus couldn't pass (without hitting on coming traffic) AND give the cyclist 3 feet."

It is not just the cyclist who is claiming that, but the law and the community. I believe most people would agree that if you can not pass safely and within the law, then do not pass. You should patiently wait behind the cyclist until it is safe to pass. It is not a vehicle operator's responsibility to pull over and allow others to pass safely. It is an operator's responsibility to wait for it to be safe to pass.

by David C on Mar 5, 2009 9:40 am • link • report

My girlfriend was hit by a car repeatedly on a busy downtown interesection. Basically bumped off the road. We were pedestrians not in a car and we were crossing the street when a car wanted to plow through the pedestrians and forced his way through by actually bumping my gf so that she would get out of his way. He hit her 3 times however he did not cause serious injury, just bruises. The DC police did not want to file a assault and battery charge against the driver even though we had his tag number. We even had other pedestrians stop to be witnesses on our behalf and the DC police did NOTHING. This is just one incident I have more.

by usamj on Mar 5, 2009 11:20 am • link • report

@Lance "And further more, one that would most likely have remained completely safe for all involved had the cyclist been "sharing the road" and not been so insistent on excercising his "legislative" right to 3 feet of clearance."

No offense but I just have to laugh at the use of "legislative" right. So what only natural law rights are to be considered? In this country most rights concerning road use (and almost everything else) are legislative. Sharing the road is not two vehicles traveling abreast when there is not enough room. You have to wait, then pass when its safe and legislatively legal.

by Lee in DC on Mar 5, 2009 5:16 pm • link • report

@David, "You should patiently wait behind the cyclist until it is safe to pass. It is not a vehicle operator's responsibility to pull over and allow others to pass safely. It is an operator's responsibility to wait for it to be safe to pass."

I'm not so sure your statement is correct. I believe there actually is a law that slow traffic ('slow' as meaning 'not able to keep up with the flow of traffic') is indeed required to pull over and let traffic pass. This law would apply to cyclists as well as tractors, etc. It is a 'legislative' law that is in synch with the 'natural' law ... that those who can't keep up shouldn't be impeding those who can. ;)

by Lance on Mar 5, 2009 6:44 pm • link • report

@Lance

Well you could have looked it up, but I'll do the heavy lifting for you. The regulation in question is 2201.2

"Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand plane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road, driveway, or alley."

But even a draconian reading of this law only says you have to move to the right, not out of the way. If a cyclist moves to the right and there isn't room to pass AND leave 3' then that is, as they safe, tough titties.

But in reality, the more pertinent law, that falls under the "as close as practicable" above, states that cyclists are allowed to use the full lane when

"traveling at the normal speed of traffic, passing, preparing for a turn, avoiding hazards, traveling in a lane 11 feet wide or less, avoiding a mandatory turn lane and when necessary for the bicyclist's safety."

Of which at least three of these seem to apply.

by David C on Mar 5, 2009 7:22 pm • link • report

IANTTAY (I am not through the academy yet), but I'm getting a good laugh at the armchair cops. From the narrative that's posted, I noticed a few things:

1) Even if the bus were passing close to you 'criminally', there's no way to verify it. It's he said/she said and there's not a snowball's chance in hell it'll get papered.

2) "The operator then proceed to grab at me (he had pulled up close enough to reach me) while screaming at me through his window." Also not a crime unless he specifically said something like "Motherfucker, I'm going to run your ass over", in which case it might possibly constitute 22-404 or 22-407, but not likely. Again, most likely not a crime, and even if the words were Threats in a Menacing Manner, there's nothing the cop can do right there except take a report, investigate or have a Detective follow up and then apply for a warrant if ncessary, which I can't see being granted in this circumstance.

3) "However this does not negate the fact that the operator failed to pass me within a safe legal distance, and then attempt to use his bus as a weapon to strike me with." Good luck making that one stick unless passengers are willing to testify he was trying to hit you, or that there's camera footage. That, and the elements of an Assault with a Dangerous Weapon (not Deadly Weapon, people!) are simply not there. Most likely you were just pissed and paranoid.

4) "Because the operator didn't actually hit me she refused to file any sort of "accident" report." Completely correct procedure.

5) "It's also unconscionable for an officers to refuse to disclose their badge numbers, regardless of whether they are in the right or wrong about the underlying incident." I fully agree, and your friend can certainly call OCCR and mention that.

6) "If a citizen wants to file an assault charge, which apparently this cyclist tried to do, the police have to take it. It is not up to the police to decide what is and isn't assault. We have courts for that." Completely wrong. MPD can arrest you for any felony or misdemeanor offense, even if it's a misdemeanor punishable by a $5 fine. And it's never up to the victim whether or not an assault charge is filed. It's up to the reporting officer, and their only legally obligated duty is to take police action (i.e. listen to the story and decide whether or not to do anything). It's a TV myth that its up to the victim whether or not to file charges.

7) "As usual, a driver attempted to assault someone with a deadly weapon, police were notified, police did not do the job that they are sworn to do (PROTECT and serve)." We're obligated to take police action, nothing more. Professionally, however, we are obligated to follow General Orders when perform our jobs. From the narrative, it sounds like the officer did exactly what they were supposed to do.

8) "The driver's conduct, on the other hand, could be seen as assault with a deadly weapon (DC Code 22-402), a violation of DC Code 22-404(a) ("Whoever unlawfully assaults, or threatens another in a menacing manner"); or a violation of DC Code 22-407 ("threats to do bodily harm")." MPD would have a tough go of it trying to establish any sort of general intent to commit ADW in this case and, frankly, this narrative wouldn't support the charge at all.

Note: I'm not fully trained or versed in traffic law yet, and I commuted most every day to work for three years prior to joining up with MPD on a bike and 9 times out of 10 I rode on 14th street, so I can't be accused of being unsympathetic to your friend's plight.

by Boomhauer on Mar 5, 2009 10:13 pm • link • report

Really Lance? The 20 pound bicycle put the 4 ton bus in danger? Seriously?

by Brendan on Mar 6, 2009 8:01 am • link • report

The following is from the DC Driver's Manual on how to pass a bicycle when you're driving a car:

http://dmv.dc.gov/info/forms/dltest_pdf.shtm

Passing a Bicyclist

When passing a bicyclist, wait until it is safe and allow adequate clearance(usually about three feet from the side of your vehicle) and return to your lane when you can clearly see the bicyclist in your rear view mirror. Do not use your horn to alert or alarm the rider. If you are unable to safely pass, reduce your speed, follow the bicycle and wait for a safe opportunity to pass.

by Bianchi on Mar 6, 2009 8:37 am • link • report

@Bianchi,

"wait until it is safe and allow adequate clearance(usually about three feet from the side of your vehicle)".

The key words here are "usually about three feet" and "until it is safe". A bus operator, someone who drives his vehicle in heavy city traffic all day, for days and days, and usually years and years, passing bikes, cars, people on foot ... undoubtedly CAN "usually pass safely with far less than three feet distance". These bus drivers are sharp shooters in the game of judging safe passing distances.

by Lance on Mar 7, 2009 12:58 am • link • report

@Lance

Actually Metro's collision rate (where they deem the driver partially at fault) is around 14 per 1,000,000 miles. In 1999, the rate for all drivers for all accidents was around 3 per 1,000,000 miles. I'll take the three feet thank you.*

Number of collisions in 1999 ~ 6,289,000/number of miles driven ~ 2700 billion

by David C on Mar 7, 2009 12:56 pm • link • report

Late to this game but had to jump in...

@ Lance.

"I'm not so sure your statement is correct. I believe there actually is a law that slow traffic ('slow' as meaning 'not able to keep up with the flow of traffic') is indeed required to pull over and let traffic pass."

Did you read? The cyclist was going at or about the speed limit and the bus driver was speeding. The cyclist was keeping up with the flow of traffic, the bus driver was breaking the law. And also--no, slow moving vehicles are not required to pull over to let traffic pass. It is considerate to do so, but not required. Personally I am only considerate to those who are considerate to me, so I usually don't pull over to let cars pass. Sorry.

by Catherine on Jul 16, 2009 2:15 pm • link • report

@Lance

If a motorist encounters a slow-moving vehicle (farm equipment, construction equipment, buggy, bicycle) he must SLOW DOWN until he can pass safely. What's so hard to understand about that? Motorists have no special right to speed anywhere they please without regard to other vehicles around them. You are not in the Indianapolis 500 nor the 24-heures-du-Mans nor on the Autobahn. Were you even keeping the posted speed limit of 25mph or 30mph? Your impatient speeding by bicycles at close distances is not neighborly. SLOW DOWN until you can pass safely.

Who are you, and what is it with you and bicycles? The DC City council has found that increased use of bicycles for transportation will result in improved air quality, reduced levels of noise and traffic congestion, greater energy conservation, lower transportation costs, fewer parking problems, and increased physical fitness. Are you an apologist for smog, traffic noise, traffic jams, excessive reliance on oil, wasteful transport spending, parking tickets and fatness?

I am grateful for my heritage on these shores but am dismayed by a flaw in U.S. society: the assumption that the only means of transport for decent and serious persons is The Car. The Car dirties the air we breathe; makes our wastelines bulge; turns large tracts of good land into oil-smeared, treeless asphalt parking lots; and introduces noise, stress and mortal danger into what could be beautiful parkland such as along the Potomac in Arlington or along Rock Creek, or what could be pleasant places to stroll such as on M in Georgetown or around Dupont Circle. The Car deserves no pride of place in urban centers.

by Paul on Nov 6, 2009 12:57 am • link • report

Spitting on or towards a person drops the bar pretty low, and reinforces a negative view of those of us on bikes.

The bus driver was clearly in the wrong. The bicyclist reacted viscerally out of fear and anger and spun a bad situation into a worse one.

It's always better to try to engage verbally with the dangerous drivers. Granted: it's not as cathartic, but generally it makes folks a little more mindful about how much harm can be done to a lone biker by vehicle that ways more than a ton.

Plus you can always show your arse, if the driver fails to respond respectfully.

Win win.

by ceedub on Jun 17, 2010 4:44 pm • link • report