Local bike commuter fights, beats unlawful ticket

Photo by Brent Nimmo

Bike To Work Day was less than stellar for Brent Nimmo, a regular bike commuter who travels on Alum Creek Drive.  

Nimmo was stopped and ticketed by an Franklin County Sheriff's Deputy between Refugee Road and Winslow Road on his way to the #11 bus stop on Alum Creek. Many Columbus residents may recall Alum Creek Drive as the road where bike commuter Tracy Corbin was killed by a motorist on August 21, 2008. 

The deputy charged him with violating section 4511.55 section A of the Ohio Revised Code.  It reads:

4511.55 Operating bicycles and motorcycles on roadway.
(A) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

(B) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

(C) This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane.

Nimmo rightfully explained to the deputy (showing him his Consider Biking card with the text of State Revised Code 4511.55, including section C as listed above) that he didn't feel it was safe to ride too far to the right on that road.  He pointed out the large amount of debris, as well as the width of the average semi, and stated that he didn't feel he could share the lane with a passing semi with so little space.  The deputy did not agree, and gave him the ticket.  

Nimmo's research into the case included pictures of the debris on the road, discussion with semi drivers of the width of their vehicles (102 inches) and a measurement of the road at that point (127 inches).  Apparently the deputy thought that 25 inches was plenty of space for a cyclist to operate.  

Nimmo also requested advice from Consider Biking, whose success in a previous "take the lane" case was clear precedent for Nimmo's situation, as well as bike lawyer Steve Magas of Cincinnati.  

Their advice and the preparation Nimmo did in this case led to a successful dismissal of the ticket on June 3, 2010, with the prosecutor agreeing that section C, above, applied to Nimmo's case.  The fine of $97 was rescinded.  

Nimmo is now working to convince the city to install "Bikes May Use Full Lane" signs on Alum Creek Drive to remind both law enforcement and motorists of the right of cyclists to operate safely.  If you'd like to join him in his effort, contact the City of Columbus at 614-645-3111.  You may also make the request online, at the City's 311 Service Request website.  Please reference request # 1006035530.