Kissena Forum Archive

Close Encounters of the #%&*@! Kind (Legal too)

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from CRCA:

Hello Members,

The CRCA Board met this week to discuss how we can improve racing safety for the rest of the year and beyond. We talked though a variety of fundamental structure changes, but ultimately we decided to strengthen enforcement on existing rules. Based on photos and videos of Saturday's crash, it was not a matter of a crowded park or format but of reckless riding and members breaking basic rules of racing in Central Park. Below is an outline of our updated plan of action. As the season progresses and the park gets busier, we will continue to monitor safety protocols and adjust finish times or locations as needed.

We cannot have another incident like we did last weekend, and we need everyone's cooperation to ensure so. It's your responsibility to know these rules and behave accordingly.
Basic Rules of CRCA
  • Do not ride in the recreational/runner's lane**
  • Do not ride backwards on the drive
  • Do not ride on footpaths
  • Do not urinate publicly
  • Treat club members, racers, officials, park users and the public with respect

New Consequence Structure for Violating CRCA Rules

 

1st offense

Immediate DQ (pulled from the race, if applicable)

2nd offense

Immediate DQ & Suspension from next race (excludes team from Boyd/Team points)**

3rd offense

Immediate DQ & Suspension for the remainder of the year (excludes team from Boyd/Team points)


**Due to the high potential for danger, runners lane violations will begin at "2nd offense"
Additional Info:
  • Violations will be reported by race staff, motos, board members or through provided video. However, members can also submit observed violations through the Google Form for results protests, which is open for 48 hours following each race. A report will stand if the violation is sufficiently verified (reported by 2 members of different teams, etc).
  • Motos will be pulling riders during the race if they violate a rule. Please exit the race quickly, and do not argue. Their decision is final, and they will neutralize the field until you comply.

  • DQs and suspensions will be published 48-72 hours after each race in a race-report email to membership

  • If 2 or more teammates are caught violating a rule at the same time, the team will not receive Boyd or Team points at the next race. Individual consequences still apply. Remember, if a team has two suspended riders, the team cannot race in our club series.

  • Egregious offenses (determined at the discretion of the Board of Directors) will result in immediate suspension for the season

  • DO NOT RISK IT. We do not want to impose these strict penalties. We want to hold safe races.

NEW procedure for ambulance on the course:
When an ambulance is on the course, all fields will be neutralized. If an ambulance is in motion within sight of a lead moto, motos will call for a full stop of all fields. Ambulances are the priority always.
Other changes:
  • More marshals: There will be 2 additional finish line marshals to manage traffic and pedestrian crossings in the finish line chute. There will also be a marshal stationed at Boathouse following the finish to ensure riders are exiting with drive traffic.
  • Additional finish line signage and course tape to separate racers from recreational park users: coming soon.
  • Bathrooms: The Boathouse bathrooms will be open 30 minutes prior to race start for the month of April. Beyond April, we are looking at portable options... 
Thank you all again for your cooperation and understanding. See you Saturday for a safe & rainy race day!

Emily Singleton
CRCA President 
I would have gone even more harsh: 1st offense should have started with DQ and suspension for the next race and the 3rd offense ending with the racer getting booted from the club permanently with no option to join or form a new team until board review and approval the next calendar year. 
Runners lane violations are tricky to enforce without video. Did they get pushed in (momentary, it happens) or are they just using it like an expressway?

Either way it highlights what thin ice park racing is on at all times.
I think there would be a way for a middle ground.

Namely, put sub-teams under pressure.  taking points away from them, threatening them with expulsion, adding marshaling duties and the like might get teams to police their own people better.
mugwump said:
I think there would be a way for a middle ground.

Namely, put sub-teams under pressure.  taking points away from them, threatening them with expulsion, adding marshaling duties and the like might get teams to police their own people better.
I don't think that's enough pressure. Sub teams are cliques; expel a "team" and they reform under a different name. I'm also not sure it's the people hunting for points that are the culprits.

TBH it seems like (yet another) a place where USAC could help; if USAC had a standard set of safety rules for clubs to follow, then violations could lead to a USAC suspension. Something as simple as "obey the rules of the venue" would be sufficient, although it would require the venues to suspend speed limits in writing... maybe a non starter.
Someone's dog tried racing along with the 1-2-3's this morning... (46:51) https://youtu.be/eWjn6MsGc4M?t=2811 
Yikes, was talking to a guy who was super pissed off about the dog running into the pack on Sunday.
In the safety vein: https://reported-web.herokuapp.com/ is awesome.

If an Uber driver or Taxi is blocking the bike lane, or in the traffic light bike box, or parked illegally, take a pic and TLC will 100% prosecute (worst case you must be on the phone when it goes to court although so far, all my cases have pled guilty). I also report regular cars and trucks, the local precinct is obliged to respond to the complaint immediately. 

There's also a Slack channel if you want to nerd out. 
I was staring down a court hearing on Tuesday, September 30, 2025, for two red light tickets I was issued on March 3, 2020.

Then, yesterday, I got a letter postponing the hearing until October 6, 2026!

First Court Date:         March 23, 2021 at 2:30pm  

Second Court Date:    November ?, 2021

Third Court Date:       November 01, 2022

Fourth Court Date:      March 23, 2023

Fifth Court Date:        November 20, 2023

Sixth Court Date:        October 21, 2024

Seventh Court Date    September 30, 2025

Eighth Court Date       October 6, 2026


The sixth was postponed because I was in the hospital.  Otherwise, it is all on NYC.  

Of course I don't want to lose and pay two tickets.  At the same time, this does seem unfair.  Anyone know if there's a statute of limitations on this, or if the tickets can be dismissed because the state keeps on delaying?

Interestingly, a defendant can only postpone once.  THere's nothing on the DMV website stating why the state can do this, or for how long.

I did some quick googling and unfortunately it doesn't look like there is a SOL for red light tickets, so until it's resolved it can hang out there indefinitely. Fortunately though, at this point, I'm willing to bet if you show up whenever the hearing is because it's been so long a judge would dismiss them (but obviously caveats for our justice system because it rarely makes sense)
@Matt Budofsky

Thanks for looking.  I couldn't find anything either.

Possibly of interest is there's a Supreme Court case, Barker v Wingo, which asserts that a defendant has a right to a speedy trial.  

Here's the case briefs guide on it:

https://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/trial-and-trial-related-rights/barker-v-wingo-3/

"In its opinion, the Court used a four-factor balancing test to determine if the right to a speedy trial had been denied:
The Length of the Delay: the court concedes that five years a great time for delay

The governmental reasons for delay: to determine to delay in order to get a better witness against the defense is not a good reason; however, to do so because of witness availability is

The defendant’s responsibility to assert his rights

prejudice to the defendant

In the case at hand, the court found that there had been little prejudice to the defendant, because he had failed to assert his right or object to the delays until they had already occurred. Also, the court felt that Barker was gambling on the outcome of Manning’s trial, which is why he waited for the delays. Thus, the court held that Barker was not prejudiced by the delay."



Unfortunately NY decided to pick the most confusing naming scheme for their court system. The NY Supreme Court is actually the lowest level of court in NY (think trial court similar to a district court) and the NY Court of Appeals is the highest (think the NY equivalent to the SCOTUS) so although it may be persuasive to another court it has no precedential power
Can't believe I'm sharing another bike crash with you, less than a year after my big, bad one.

But so it goes.

So, today, October 1, 2025, just before noon, I was riding south on Closter Dock road, hustling to get home for a zoom meeting, when a driver heading north decided to make a fast, sharp left onto High Street.  I was already at the intersection when she started the turn.  

Seems like I probably was hit by the grille and rolled onto the hood and then fell off the hood and hit the ground.

To give you a sense of the driver's line, when I hit the ground on the right side of the car, I was on the edge of High Street's white stop line, and her car was in the middle of it.  It's less than a 90-degree angle when turning left from her position, so, whether or not she realized it, she was taking it pretty fast.

I'm not sure if there were witnesses at the moment, but a few folks came out right away.  It took the cops what felt like several minutes to arrive, but, considering the Closter PD's station was a block away, they could have walked it in three minutes or less.

Didn't think I was injured, but I asked for EMTs to come and check me out.  Lots of soreness.  Not alot of road rash.  Helmet was ok.

I ended up walking to the station to wait for a ride.  When my people didn't answer fast enough, I decided to take a cab home.

Bummed about the bike.  Snapped the fork.  Dented the top tube.  Not sure I can find another like it.  The left ergo lever was also smashed, as was the saddle (bent rails).  The rear wheel is fine, but the front is probably done for.  Not sure what else yet.  

That written, anyone have to deal with this in term's of the driver's insurance.  How long does it take?  I'm going to get the bike officially checked over by a bike shop tomorrow..

The Closter PD wanted the bike's serial number.  So, I said I'd provide it after I got home.  I called the cop who was with me.  He said it could take up to a week before the report is finalized, then they put it on a website called crashdocs.org.  All the same, he volunteered that the woman was going to get several summonses, and he'd think the insurance company would want to pay out fast.

Anyone have experience with this?


JP immediately call L&C and get their professional services. Do not hem and haw, seriously, call them right away, get the police report, and they will work it out from there with you.
Glad to hear you dont have any serious injuries and bummed about the bike.  It sounds like the PD is doing a god job on their end.
+1 to what @David Yang said. 

Also, very happy that you got out of that scrape relatively unscathed. Once the crash begins, the bike's only job is to save you - and it looks like it did just that.
Damn. That really sucks JP, hope no hidden injuries show up the next couple of days. 
spoke with Tom Lucarelli this morning:
 

Since I'm only bruised, I don’t have a personal injury case.   Significant damage to my bike, which I have, means I have a damage claim.

They (L&C) don’t take a fee on damages, but htey can help because they know that insurance companies have a big edge.

First, get the police report.  That will identify the insurance information on the vehicle.

KNow that for bikes over $5k or so, the insurance company will want an insurance adjuster examine the bike, possibly because they don't believe bikes are that expensive.

Generally, the insurance company is going to need is a detailed estimate.  They’ll want to know what the bike was, if it’s repairable. And how old it is, so they’ll depreciate it.  Once you gather all the info and send it to the insurance company.  Call them when the report.

I, JP, actually have bike insurance. It's from BikeInsure, that I get from USACycling.  https://www.bikeinsure.com/coverage

Tom Lucarelli suggests working with the bike insurance company.  The driver's insurance company is going to try to beat down any claim.  It’s going to be a much more adversarial process.  

Bike insurance company will probably ask for a right of subrogation, meaning they'll sue the insurance company if need be.    


Anyone have experience with BikeInsure paying out?

 

 

No experience with bike insurance, but I've dealt with one of the major yellow cab ins cos many years ago (2010s) and they are notoriously awful to deal with, even with professionals on your side. Private vehicle insurance is somewhat less so, but they will still be on the far side of difficult especially when they're not dealing with an opposing insurance professional (aka you). Tom's advice is sound: Let Bike Insure pay you out and haggle with the vehicle insurance company.

I have to imagine Bike Insure will be somewhat nice to deal with since they wouldn't get business if bad word of mouth got out? Good luck and let us know how it turns out since now I'm super interested in getting coverage by them if it turns out they're a solid company.

In the meanwhile, do you have a bike to ride until then (assuming you're physically okay to)?
damn JP, whatever good luck check karma is working on for you better be taking this shitty luck into account and then some. Glad to hear you're generally okay, but major bummer about the bike. Hopefully they don't drag you through the wringer for too long and you can get back out there soon