Posts Tagged ‘law’

Driver and Writer CW Nevius Goes on a “Rant” Against the “Militant” Pedestrians of SF – Do They Have the Right to Jaywalk?

Friday, January 31st, 2014

Here’s the latest effort from CW Nevius, who’s taking a break from being spokesman for San Francisco’s right-side-of-the-aisle  political faction to go on a “bit of a rant” against local pedestrians. But what’s up with this?  

“Even when they are in the right, I worry about them. When the traffic light countdown gets to five or six, they step confidently into the crosswalk — which is their right…”

But pedestrians don’t have “the right” to do so. It’s agin CA law – check out V C Section 21456,* which is dealt with by Rule #3 of the Five Rules for Pedestrians.

Don’t you have an editor, Nevius? Oh, that’s right, you’re too old and experienced to have an editor, and plus, editors cost money, that’s right.

But don’t you have a fact checker, Nevius? Oh, that’s right, you’re too old and experienced to have a fact checker, and plus, fact checkers cost money, that’s right.

But don’t you have a photographer, Nevius? Oh, that’s right, photographers cost money. So all your observations, we’ll just have to take your word about them. OK fine. BTW, [sarcasmmode ON] nice stock photo you’ve got there, Neve. “Cause a stock photo taken in the People’s Republic of China, you know, from more than a thousand li away, well, that really illustrates how “militant” and “freaking nuts” San Francisco peds are, huh? [sarcasmmode OFF]

And oh, BTW Neve, the peds of SF aren’t militant, not at all. Try to find a different word for what you mean.

Of course you’re new in town, I get that. Sure, welcome to San Francisco, Neve.

But you’re doing a half-assed job doing your half-time gig.

You need to try harder.

*”Walk, Wait, or Don t Walk

21456. Whenever a pedestrian control signal showing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:

(a) “WALK” or approved “Walking Person” symbol. A pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.

(b) Flashing or steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the “WAIT” or “DON’T WALK” or approved “Upraised Hand” symbol is showing.

Amended Ch. 413, Stats. 1981. Effective January 1, 1982.”

The Five Rules for Pedestrians and Crosswalks in California – Or, How to Make Sure You Win Your Lawsuit Against That Uber Driver

Tuesday, January 28th, 2014

1. YOU NEED TO BE IN THE CROSSWALK WHEN YOU GET HIT. This one’s pretty basic. And actually, it’s pretty flexible IRL. So let’s say you’re over the line a bit, your foot was 18 inches away from the white paint, well that could be OK. This rule becomes important if you’re halfway between blocks and you start jaywalking – a top cause of death of peds in SF. There’ve been many cases of this on the streets of San Francisco lately, like Hayes, Lombard, Masonic, Market, I could go on and on.

2. YOU CAN’T START TOO EARLY. This is called jumping the light. So of course, you’ve got to wait for the green light (or green WALK signal), you already know that. BUT THAT”S NOT ALL. You’ve also got to wait for traffic legally in the intersection to clear the intersection. So, GREEN DOES NOT MEAN “GO.” Green means you need to look for traffic clearing the intersection. And if that traffic isn’t over the speed limit and if that traffic entered the intersection on a yellow (which is totally OK under CA law, generally) and you step off and get hit, then, surprise, you’re the one at fault. So yes, you were in the crosswalk, but the collision is your fault, sorry.

3. YOU CAN’T START TOO LATE. This means that DON’T WALK means don’t walk. Now, in many places about town, you don’t have a ped-only signal telling you what to do. So, you’re allowed to start crossing on a green all the way until a yellow light appears. Effectively, the yellow light is your DON’T WALK signal. Of course this means that you might still be in the crosswalk when the light turns green for cross traffic. But now the law is in your favor, ped. The law says that cross traffic needs to wait for you to clear the intersection.

4. YOU CAN’T GO TOO SLOW. This one’s easy – it means you’re not supposed to stop during your trip across the street as best I can figure. (Leaving aside the law, there are standards for how long peds should have to cross an intersection, but they get thrown out the window when SF deals with 100-foot-plus wide monsters like horrible, horrible Octavia Boulevard, oh well.)

5. YOU CAN’T GO TOO FAST. Ooh, joggers. Your California Vehicle Code was written without concern for joggers, pretty much. So if you’re sprinting into an intersection and get hit by a MUNI, look for the SFPD to put the blame on you, yes, even though you were in the crosswalk.

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So that’s reality.

But if you’d prefer a distorted, rose-colored view of reality, feel free to surf on over StreetsBlog SF (Straight Outta Park Slope!), or the SFBC (declining membership these days, despite being sponsored by SFGov SFMTA MUNI DPT) or Walk SF (sponsored by let’s-build-high-near-the-Waterfront real estate interests).

Your choice.

Longtime East Bay Resident and SFGate Advocacy Journalist CW Nevius ID’s Cable Car as a “Hyde Street Trolly”

Monday, January 6th, 2014

(You can take the boy out of the East Bay (and plop him in a SoMA condo), but you can’t take the East Bay out of the boy.)

Gentle Reader, consider CW Nevius and his most recent bit advocating for the oppressed white millionaire homeowners of Russian Hill – this time he’s acting at the behest of Supervisor Mark Farrell (R., District 2)

See that*? 

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Now I think the word you’re looking for, CW Nevius, is trolley with an “e,” as in potatoe.

Except it aint a trolley, it’s a cable car.  To wit:

“…electric tram (streetcar), sometimes confused with a cable car.”

And the vehicle code section cited here is wrong:

“The problem, says Deputy City Attorney Buck Delventhal, is California Vehicle Code 21106.1…”

CW Nevius, if you’re going to take the trouble to cite a law, why not take the time to do it the right way? Do you feel overworked, CW? You shouldn’t. Moving on…

And there’s this:

“Stefani says Farrell’s office was unaware of the 1987 law…”

Uh, former law? Or former bill? Did the “law” sunset automatically? And was it ever signed by The Duke in the first place? I don’t think so actually.

You see, CW Nevius, what you should look at are the reasons why the millionaires’ efforts always fail. Try this on for size:

The streets of a city belong to the people of the state, and the use thereof is an inalienable right of every citizen, subject to legislative control or such reasonable regulations as to the traffic thereon or the manner of using them as the legislature may deem wise or proper to adopt and impose.’ … ‘Streets and highways are established and maintained primarily for purposes of travel and transportation by the public, and uses incidental thereto. Such travel may be for either business or pleasure…”

Nevius, why don’t you retire or go back to sports, srsly? Then you’d get replaced by somebody who would do your job better than you, right? Wouldn’t that be a win-win?

But before you do that, why don’t you fix this**`?

“Jose had been struck by a late-’90s, silver, four-door sedan as he stepped off the curb at Oak and Scott.”

“And the intersection of Fell and Scott, where Jose was hit, has consistently been described as one of the city’s most dangerous.”

Fin. 

*Looks like somebody is striking a pose on the crosswalk:

I’m a model you know what I mean
And I do my little turn on the  
Yeah on the catwalk on the crosswalk, yeah
I do my little turn on the crosswalk

**I actually believed The Neve on the Fell and Scott thing, so I was going to go out there a week or two later on a Tuesday night at around the same time on the theory that this was somebody coming home during the evening drive. But then I saw that the actual location was on Oak so now I think the driver isn’t on a commuting schedule. You know, I’ve got a Canon 5D, crank the ISO up to 25,600, use a simple 200mm 2.8 prime to see if I could see some damage and get a plate. I mean it might have been worth the effort.

How to Handle Things When Your SF Cabbie Tries to “Surge Price” You on New Year’s Eve – “Failure to Convey” Misdemeanor

Tuesday, December 31st, 2013

What’ll happen is that your SFMTA-licensed hack will ask you where you’re going before you can get in. Then s/he might quote you a flat fee of like $40 to take you to your destination. This is what happens every new years on the mean streets of San Francisco.

FYI, this is called Failure to Convey. Check it:

“Driver Duties During Shift. (1) A Driver shall not refuse, or direct or permit the refusal, of prospective passengers in any place within the City for transportation to any other place in the City, or to or from the San Francisco International Airport, or to the Oakland International Airport, or Paratransit passengers within the Paratransit Program service area, at rates authorized by law, if the prospective passengers present themselves for transportation in a clean, coherent, safe and orderly manner and for a lawful purpose and the Driver has sufficient time before the end of his or her shift.”

So my advice would be to get in to get your ride and then deal with the fare at your destination. I mean, your fare is based on time and distance plus any bridge tolls or airport fees, that’s it.

This rule of course doesn’t apply to illegal taxis or town cars or Lyft or UberX or others similar.- it just applies to SF taxis.

Like this ride, DeSoto Deuce Triple One (2111). It’s a genuine SF taxi. (It’s shown here on the day it killed two passengers coming up the 101 from SFO, but oh well.)

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What I’m saying is that I knows my rights and you should know your rights as well. I’ve always gotten my way with cabbies, meaning, I always get to where I’m going and I never pay a cabbie-inflicted surcharge.

Happy New Year!

The Overwhelmed Dog Walkers of Golden Gate Park – Sometimes Five Pooches are Too Many

Monday, December 9th, 2013

As here:

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Official San Francisco Despises These “Rolling Billboard” Trucks, But Can’t Prevent Them From Circling and Circling

Thursday, December 5th, 2013

Especially in SoMA during convention time.

Why? Because of The Constitution. Or a constitution. Or one of them. Or both. (If a Scott Wiener-type really worked on this issue, it might have an effect, IDK.)

And oh yeah, these trucks all have Nevada license plates, ever more insulation from the long arm of SFGov

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Look for more of these trucks during next month’s “March of Life” 2014 on the Embarcadero

“We would circle and we’d circle and we’d circle to stop and consider and centered on the pavement stacked up all the trucks jacked up and our wheels in slush and orange crush in pocket and all this here county, hell, any county, it’s just like heaven here, and I was remembering and I was just in a different county and all then this whirlybird that I headed for I had my goggles pulled off; I knew it all, I knew every back road and every truck stop…”

If You Want To Legally Drink Beer Outside Next to the Sidewalks of the Tenderloin, Become a Law Student at UC Hastings on McAllister

Friday, August 23rd, 2013

Thusly:

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Traveling up from the corner of 7th and Jones near the check-cashing place, one first smells the ganja until the smell of spilt beer takes over near Hibernia Bank.

It’s called “Beer on the Beach.”

 

The Happy Morning Joggers of the Tenderloin – Could This Be the New UC Hastings Running Club, the “Legal Eagles?”

Wednesday, August 21st, 2013

Usually when people run in the corrupt Twitterloin / Civic Center / Tenderloin area, it’s because they’re either victims or perpetrators, right?

So just jogging around for fun, well, that’s something new I think.

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All the deets from the oldest and largest law school in the West:

Purpose: To encourage healthy living and life balance through regular athletic activity; to promote a positive image of UC Hastings to the larger Bay Area community through involvement in charity runs; and to foster a sense of community at UC Hastings”

San Francisco’s Proposed Ban on Aerial Advertising is Just Asking for Litigation – Lots and Lots of Litigation

Tuesday, July 23rd, 2013

And I’ll tell you, the ban, if enacted, will work about as well as our ban on “rolling billboard” trucks, which is not well at all.

Hello, BOS? You can’t rely on the Honolulu decision. Well, maybe technically you can.*

But if they millionaires of SoMA are crying, I guess you all should pass whatever unconstitutional crap you want, what do I care.

As seen (over Union Square) (and heard only a little) yesterday, the scourge of millionaire condo owners everywhere:

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*But not IRL, not really.

Corporate Bus Cavalcade: FaceBook MPK and Genentech SSF – Plus MUNI, 100 McAllister Hastings College of Law, 888 Howard

Tuesday, June 25th, 2013

As seen on Van Ness:

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