The Trials of Reed (Chipseal) Bates

by Reed Bates and Fred Oswald

Who is Chipseal?

Chipseal is the screen name for Reed Bates, a "car free" cyclist who lives and rides in Ennis Texas.

From my Boy Scout days in 1974 to about 1986, I rode tens of thousands of miles in California, even participating in USCF races.

In September 2009, I re-located to Dallas Texas. To force upon myself an exercise regimen, I chose to be car-free and get around on a bicycle. As my industry (Trucking) shrank in 2007, I became one of those who lost their job in November.

As my savings dwindled, a friend put me up in his home at a price I couldn't refuse. I live about six miles north of downtown Ennis. "Texas Works", the state unemployment resource is located in Waxahachie, the county seat about 15 miles to my west. I must travel there to access state financial help.

I have traveled more than 12,000 miles (More than 850 hours.) in Texas on bicycles and in the travel lanes. Because nearly all of Texas's travel lanes are less than 14 feet wide, I can lawfully drive anywhere in the lane (laterally) that I choose. I ride commonly centered or in the left tire track, depending on conditions.

In Dallas, the vast majority of my routes would take me on four lane artirials with 35 to 45 MPH posted speed limits. Now in Ennis, it is about evenly divided between two lane roads (30 to 65 MPH posted speed limits) and four lane roads. (30 to 65 MPH posted speed limits)

My first ticket was on October 1, 2009. I have had zero wrecks with a motor vehicle, and only one right hook -- They turned right across my path from the left lane.

You can read Chipseal's blog here

Please help Chipseal defend his right to use the roads in Texas.
Donate to his Defense fund!

Timeline

October 1, 2009 early morning, returning home from grocery shopping. Officer Watson of the Ennis PD stopped me in town on the 700 block of W Ennis Ave/Bus 287 while traveling west. The road changes from a 30 MPH speed limit four lane w/o shoulders to a five lane with shoulders (30 MPH, two lanes each direction with a common left turn lane.) Traffic was busy but not heavy. Officer Watson told me I had to travel within 10 MPH of the maximum speed limit to avoid an "Impeding traffic" charge. This is the first of three charges I have been convicted of on Feb. 16. It is on appeal, new court date yet to be determined. Legal counsel has been hired to handle the appeal.

December 16, 2009 Stopped four times by law enforcement officers for "mandatory safety lectures" while traveling on Hwy 287 between Ennis and Waxahachie (65 MPH). No citations issued. Two stops by Ennis PD, one stop by a Texas State Trooper and one stop by a Waxahachie PD officer on bus 287 in a 30 MPH zone. Occurred in light traffic in afternoon and heavy traffic in evening return. Officers reported of "many 911 calls" to me for the first time.

January 13, 2010 Stopped by State Trooper Jackson on Bus 287 near Waxahachie after I traveled from Ennis on Hwy 287. Traffic was light. No citation issued. He tells me that they had received a lot of 911 calls. Returning home later in late afternoon, stopped on Hwy 287 soon after crossing into Ennis city limits by Ennis PD officer Hudson. (65 MPH, limit moderate traffic). He issues a ticket for "Impeding Traffic". Dusk is falling while he leaves and I stow away the citation. This is the second charge I was convicted of on Feb. 16. On appeal now.

January 13, 2010 On Hwy 287 (65 MPH), while Officer Hudson drives away, Ellis County Sheriff's Deputy Zapata pulls up to me. He orders me to use the shoulder when I proceed. I tell him it is less safe than the roadway, and an unlawful order. He warns me that he will arrest me if I do not drive on the shoulder. I take to the roadway to travel home, and he arrests me. I do not recall what he said he was arresting me for, as it was changed during my trip to Waxahachie jail to "Operating a Bicycle on the Roadway." I was in custody from about 6:30 PM to noon the next day. When Ellis County announced a pre-trial conference, the listed charge had changed to "Obstructing Traffic". When I attended the pre-trial conference, Assistant DA Ms. Barnes said the final charge had yet to be resolved. I am still waiting on that as of March 15. Trial date ha yet to be announced as well. This is the ELLIS COUNTY charge!

January 14, 2010 On Hwy 287 (65 MPH) near where I had been arrested the night before. I am traveling home from Waxahachie after being released from jail there. It is about 2:30 PM, with a light rain falling with moderate traffic. Officer Watson of Ennis PD pulls me over and places me under arrest. I remain a prisoner until about 9:30 AM 1/15/2010. My seat bag on my bicycle has been searched while outside of my presence and my camera's LCD screen is busted. I have been charged with "Impeding Traffic". This is the third charge I was convicted of on Feb 16 and it is being appealed.

February 16, 2010 I had a trial by jury on February 16, 2010 at 5:30 PM that combined the two citations and one arrest by Ennis PD. It was a six member jury. All three charges were Sec. 545.363 Minimum Speed Regulations.

I represented myself.

Here are the jury instructions:

I. An operator of a bicycle commits the offense of FAILURE TO OBEY MINIMUM SPEED REGULATIONS (IMPEDING TRAFFIC) if the operator of a bicycle drives so slowly on a public road as to impede the normal and reasonable movement of traffic.

II. “Public Road” means the portion of a highway, other than the berm or shoulder, that is improved, designed or ordinarily used for vehicular travel.

III. “Bicycle” means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14" in diameter.

IV. You are instructed that an operator of a bicycle has the rights and duties applicable to a driver operating a motor vehicle.

The problem is that Sec. 545.363 is vague on what impede means.

The prosecution interpreted the statute to mean “if any operator is caused to slow his vehicle or change lanes to avoid Reed, he is guilty of breaking this law.” This absurd interpretation has only been enforced three times in the history of Ennis. Yet this interpretation is violated by every road user on every trip taken on the public road.

Another interpretation of the statute is that if an operator is able to go faster, but does not, he is guilty of breaking this law.

The prosecutions interpretation is inconsistent with Sec. 551.101, Sec. 551.103, Sec. 545.051 (b), Sec. 545.054, Sec. 545.060, Sec. 545.361 (b) and (d), and Sec. 541.301.

The other interpretation harmonizes Sec. 545.363 with those other nine statutes.

The practical effect of the prosecutions interpretation is to exclude any slow vehicle from lawfully operating on the public road whenever faster traffic appears, clearly in violation of legislative intent to the contrary.

The jury convicted me on all counts, imposing a fine of nearly $500.

March 9, 2010 I am traveling from Waxahachie (Where I had been ordered to appear for jury duty) to Ennis on Hwy 287 at around 10 AM (65 MPH) very light traffic. Officer McCurdy of Ennis PD arrests me after a conference with his supervisor. When he first stopped me he claimed I needed a "slow moving vehicle" triangle on my bicycle to drive on the roadway, but backed off that notion when I asked if I could drive on the roadway when I had one affixed to my bike. His supervisor, Sgt. Pillow, declares that the shoulder is a "designated bike lane". I am not told what my "crime" is until the next afternoon, when I am released from jail. "Impeding Traffic". No trial date set yet, but it will not be a jury trial.

This is current as of March 15, 2010.

It is clear that the Ennis PD expects cyclists to abandon the roadway at the approach of faster traffic if a shoulder is present.

The Trials of Reed (Chipseal) Bates

by Reed Bates and Fred Oswald

Who is Chipseal?

Timeline

Other articles about Chipseal's ordeal