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Tokyo bike lanes

Craig

Warming-Up
Feb 16, 2018
4
1
I was cycling to Asakusa yesterday, just after Minowa following the recently marked bicycle lanes. They seem to have become a parking lot of tour busses, does anyone have any idea about the legality of this? I questioned one driver, but he refused to answer me.
 
Roadside parking is legal only in marked areas, so my guess is that the buses are probably illegally parked.
But, TIJ, so laws are very much a case by case matter, my experience has shown.
 
Illegal parking is quite common in Sendai, although it is mostly taxis. The cops don't seem to care to enforce the rules, though, even though it'd be very easy to do so. I reckon bike lanes are an even lower priority. But in my experience that isn't unique to Japan, in Toronto it was the same: delivery and film trucks would usually clog up the bike lanes and you'd have to weave in and out of the regular car lanes with the added surprise bonus of being doored from time to time.
 
I remember a few years ago when, due to some high profile TV reports, there was a crackdown on folks parking in front of shops and clogging the roads. For a couple months, there were little green men writing tickets and actually enforcing the law. My guess, the shop owners complained. Whatever the reason, the little green men went away as quickly as they came rarely to be seen again. And this seems to be pretty much the pattern. Not sure I'd actually want the authorities to strictly enforce all the laws on the books.
 
Japanese rules also differentiate between parking or chusha, when the owner leaves the vehicle unattended, and stopping or teisha, when the driver is within reach and able to move the car at any moment if necessary. I recon the latter covers most of taxi and tour bus cases
 
In this case the busses are waiting at remote locations, not in front of shops. In respect to cycle safety I don't see why any cyclist wouldn't want them enforced? They are taking up the bike lane forcing me with my 6 year old son on a Burley trailer bike, to weave in and out to go around them. The driver I spoke to was a total prick, of course I had video from my GoPro but didn't want to spend the time pursuing it down the road at the Koban as we were going out for the day.
 
I hear you brother, and you're totally right. Since the driver was there, the only question is if that part of the road allowed teisha or not. Only chusha kinshi (no parking) would be insufficient in my opinion to pursue this, as that explicitly allows teisha, or mere stopping
 
And don't be confused about bike lanes either. They're just painted surface, without legal distinction, unless something changed recently. So having or not the bike space painted down there changes nothing legally. You are still allowed and required to ride on "the left half of the lane farthest to the left available"
 
@luka Thanks about sharing your wisdom on Japanese traffic laws. :)
Although do you count a taxi where the driver is waiting for the next customer (or taking a nap) as a teisha or a chusha? ;)

Be those as they may, in my experience the biggest problem is complete non-enforcement, though. Just like taxis here in Sendai, I assume the buses habitually stop in the same few locations, and it'd be relatively easy for police to anticipate those infractions and enforce them.
 
Thanks about sharing your wisdom on Japanese traffic laws. :)
I guess I am one of the rare people who have taken my first drivers license in Japan, and they do grill you properly for that.

do you count a taxi where the driver is waiting for the next customer (or taking a nap) as a teisha or a chusha? ;)
that is clear one, as long as the driver is within sight, it is teisha only, so not parked and left alone. basically, only on areas falling under the second sign here would mere stopping be against the rules, and even then I'm not sure you can enforce the rules anyway (perhaps only take photo and report?). I agree with @TokyoLiving , a losing battle.

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Out of curiosity and due to a recent experience, has anyone ever bothered to report the drivers of the large trucks that seem to make a game out of close passes? Had one happen to me the other day. The guy was driving a big truck on a dual lane highway and decided to squeeze between me and the other big truck in the rightmost lane. Worse still, he blew his airhorn just as he was off my starboard quarter. There was nothing I could do, couldn't get over any more to the left. Must have come within a few centimeters of ending my life.

I didn't report it because my experience up till now is that nothing will ever happen. My guess, the truck driver knew it too because he made it clear he didn't care when I caught up with him at the stoplight. I wish things didn't work this way but after all these years, I figure the best thing to do is just let it go and move on, but this thread makes me wonder if there's any benefit to pursuing this. Has anyone ever had any policeman ever follow up on complaints about dangerous drivers, even if you have video?

(I have been thinking of finally getting a video camera for these occasions but again, my guess is that the police would only care if I was actually hit and injured.)
 
has anyone ever bothered to report the drivers of the large trucks that seem to make a game out of close passes?
I have had a similar experience in Gunma about a month ago. there were 2 of us, riding 40-45km/h on a long, slight downhill section, single lane in each direction. the truck behind us had a hard time overtaking us (speed limit was 40 there too) because there was always traffic from the opposite direction, but we always kept as far to the left as possible. he was honking all the time and finally sped cm-s from us, doing at least 60. I had no video, but remeberd the numbers part of the truck ID, as well as the company name and wanted to report him when I got home. such reckless driving is in fact prohibited, and, at least by the book, he could and should be facing consequences. I thought even if we don't have video evidence, there were two of us to testify. eventually I forgot the company name, and decided to let it go once I cooled down, but seriously they can be bastards.

I'm copying here a relatively recent article from a popular law magazine on this very same issue, only in Japanese though:

車道をトロトロ走る「自転車」が鬱陶しい、クラクションや幅寄せしたらどうなる?

1/13(土) 10:13配信

(ナオ★/ PIXTA)

「また自転車がいた。本当に勘弁してほしい」。東京都の会社員ケイタさんは、自動車を運転して移動する際、車道を走る自転車が前にいる時が一番の憂鬱だという。

自転車がトロトロ走っていると、とてもそれに合わせて走ることはできないし、追い越そうとしても、接触しないように気を使ってしまう。

そこで、クラクションや幅寄せなどで、歩道に追いやってしまいたい、という衝動に駆られる時があるそうだが、犯罪ではないのだろうか。また、車道を走る自転車と自動車が共存するには、何が重要になるのか。平岡将人弁護士に聞いた。

●クラクションや幅寄せは犯罪?

まず、自転車の法律上の位置付けはどうなっているのか。

「軽車両である自転車は、道路交通法上『車両』に該当するため、車道を走るのが原則です。ただ、道路標識等で自転車が歩道を通行できる場合や、運転者が13歳未満あるいは70歳以上のような場合や、著しく自動車の交通量が多く、自転車が車道を走るのが危険な場合などは、自転車は歩道を通行できます。ですから、自転車が歩道ではなく車道を走るのは、法律上普通のことなのです」

それでは、イライラしてクラクションを鳴らしたり、幅寄せしたりしたらダメなのか。

「自転車に対して運転の邪魔だからといってクラクションを鳴らすことは、危険防止のためやむを得ない場合を除き、道路交通法54条2項に反し、2万円以下の罰金または科料の可能性があります。

幅寄せについても考えてみましょう。自動車に比べて著しく低速の自転車に幅寄せをするということは、追い越し間際に車間距離を詰めることでしょう。

そうすると、追い越しの際には、前車の速度や進路、道路状況に応じて出来る限り安全な速度と方法で進行しなければならないとする道交法28条4項の義務に違反します(3月以下の懲役又は5万円以下の罰金)。

また、刑法208条の『暴行』とは、狭い室内で日本刀を振り回す行為のように、身体へ直接的に有形力を行使しなくとも、怪我をする可能性が高い場合には認められる場合があります。ですから、故意の幅寄せによって、身体に直接有形力を加えない場合であっても、怪我の可能性が高いような幅寄せ行為の場合には、暴行罪とされることもあるでしょう(2年以下の懲役または30万円以下の罰金等)。

そして、故意に自転車の進路を妨害するために幅寄せをして、人を死傷させた場合には、危険運転致死傷罪に該当します(死亡の場合、原則として20年以下の有期懲役刑 、致傷の場合には15年以下の懲役刑)。

ここまでをまとめると、自転車への幅寄せは、非常に危険な行為として法律上も考えられています」

●自動車は「強者」、自転車は「弱者」

では、冒頭のケイタさんのような考え方については、どう考えればいいのか。

「パワハラ、いじめなど、多くの社会的問題は相対的な強弱の関係の中で起こっている問題です。

私は、自分より相対的に『強い』者に、邪魔だからといって排除されたりいじめられたりするような社会は望みません。多くの人は、私と同じように考えているのではないでしょうか。

道路上においては、自動車は相対的『強者』であり、自転車は相対的『弱者』です。歩道では自転車は『強者』となり、歩行者は『弱者』となります。

『強者』であるみなさんが、『弱者』に対してどのような行動をするか、それが問われているのではないでしょうか」

【取材協力弁護士】
平岡 将人(ひらおか・まさと)弁護士
中央大学法学部卒。全国で8事務所を展開する弁護士法人サリュの代表弁護士。主な取り扱い分野は交通事故損害賠償請求事件、保険金請求事件など。著書に「虚像のトライアングル」。実務家向けDVDとして「損保会社を動かす!交通事故被害者を救う賠償交渉ノウハウ全三巻」など。
事務所名:弁護士法人サリュ大宮事務所
事務所URL:http://legalpro.jp/

弁護士ドットコムニュース編集部
 
Out of curiosity and due to a recent experience, has anyone ever bothered to report the drivers of the large trucks that seem to make a game out of close passes? Had one happen to me the other day. The guy was driving a big truck on a dual lane highway and decided to squeeze between me and the other big truck in the rightmost lane. Worse still, he blew his airhorn just as he was off my starboard quarter. There was nothing I could do, couldn't get over any more to the left. Must have come within a few centimeters of ending my life.

I didn't report it because my experience up till now is that nothing will ever happen. My guess, the truck driver knew it too because he made it clear he didn't care when I caught up with him at the stoplight. I wish things didn't work this way but after all these years, I figure the best thing to do is just let it go and move on, but this thread makes me wonder if there's any benefit to pursuing this. Has anyone ever had any policeman ever follow up on complaints about dangerous drivers, even if you have video?

(I have been thinking of finally getting a video camera for these occasions but again, my guess is that the police would only care if I was actually hit and injured.)

I and my wife both have GoPro type Cameras (from Decathlon) on our bikes and I rarely ever don't ride without it turned on. Needless to say I've got all the video, license plates etc and am thinking of pursuing it to hear what the police have to say. I'll report my 'findings' here of course. BTW can't say I've had any trucks driving as you describe, but a bus did once when I was cycling out to Costco a few years back.
 
I and my wife both have GoPro type Cameras (from Decathlon) on our bikes and I rarely ever don't ride without it turned on.
yes, I have both rear and front facing cameras on my commuter, and they are on during the commutes when most of these close encounters take place. every once in a while, I do get road-rage/pricks etc on a weekend ride, when I normally don't keep a camera rolling...
 
@Craig Keep us posted if you have any success. My experience is, at best, you'll get an eye roll.

@luka Yeah. If it is going to be worth doing, you have to have both front and rear video cameras. Good solution for commutes but how long do the batteries last?
 
Camera batteries have 2-3h on full video mode if i remember correctly. I charge them at the office too, to lessen the charging time once I get home in the evening, but they could definitely take both my morning and evening commutes in a single charge. When I do full course, it's around 30km one way, or about 1h 10-15 min. They are Sony actions cams 100 something something and 300 something something
 
Same,
Camera batteries have 2-3h on full video mode if i remember correctly. I charge them at the office too, to lessen the charging time once I get home in the evening, but they could definitely take both my morning and evening commutes in a single charge. When I do full course, it's around 30km one way, or about 1h 10-15 min. They are Sony actions cams 100 something something and 300 something something

I have G-eye 900 cams from Decathlon (Japan has an online store) they get 2+ hours.
 
Out of curiosity and due to a recent experience, has anyone ever bothered to report the drivers?

Not trucks, but some weeks ago, the driver of an expensive German make tailed me for maybe 100 meters, blasting his horn the entire way as I (wrongly) tried to pass him on the right-hand side at a traffic light just as it went green.
Normally, I would have raised my hand in acknowledgement of being wrong, bowed and smiled to end the argument then and there. With hindsight, I should have done that. (Unfortunately, I tend to interpret hind-sight as looking at things like an arsehole).
Not long after, I was lucky enough to catch him at the next light and deposited a huge chunk of sputum on the windscreen in retaliation for his harassment. My "mature" behavior resulted in him driving directly in front of me and fishtailing to prevent me from moving forward at a freeflowing pace and yelling at me with lots of Rs rolling. Fortunately, there was a koban nearby and I could stop, explaining to the officer that I was being threatened by a violent driver and asking for help. I also had the footage of the entire incident on my helmet camera. The driver was screaming at the police to arrest me for damage of property (kibutsu sonkaizai). I was really confident of being in the right and told the police that if the driver persisted in demanding I be arrested, he should also be arrested for intimidation (kyohakuzai) and dangerous driving resulting in injury (kiken unten chishou). I showed the footage to the police. As soon as they saw me move to the right-hand side of the driver, they told me I was in violation of the Road Traffic Law and that they would arrest me if I persisted in fighting. I had to tell the driver that I apologized and would wipe the spit off his window, which I did. I asked the officers if they intended to take any action against the driver for his dangerous driving and they told me I shouldn't have spat on his car. They were right.
I learned:
1. Don't be a dickhead, however naturally it comes to me, as it rarely works out well, even if those around me are being dickheads. (I'm not implying others here are being dickheads, by the way. This is solely directed at myself. I was the dickhead that kicked off the incident by repeatedly ignoring road rules.)
2. Japanese cops aren't that keen on dealing with petty traffic matters where nobody has been hurt or no real damage occurred regardless of who is right or wrong.
3. @TokyoLiving was right...enjoy the ride and stay safe.
 
I have had a similar experience in Gunma about a month ago. there were 2 of us, riding 40-45km/h on a long, slight downhill section, single lane in each direction. the truck behind us had a hard time overtaking us (speed limit was 40 there too) because there was always traffic from the opposite direction, but we always kept as far to the left as possible. he was honking all the time and finally sped cm-s from us, doing at least 60.
This is really the worst: honking, especially when I don't expect it, freaks me out. And add to that all the risks associated to a speeding truck who usually underestimates your speed and the room you have, ugh.
 
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