Cross-country cyclist ticketed for unlawful passing in Beaufort

After nearly 5,000 miles riding his bicycle across the United States, Kurt Taillon was less than a hundred away from his final destination when he got a traffic ticket while passing through Beaufort.

Taillon was on the final leg of his two-month journey -- riding from Los Angeles to Miami and on to Charleston -- when he was stopped by an S.C. Highway Patrol trooper on U.S. 21 earlier this week. To Taillon's surprise, the trooper ticketed him for unlawful passing, which brings a $247 fine.

Taillon said he still isn't sure why he was ticketed, but said it stemmed from how he approached a left turn lane at an intersection with U.S. 21. He had passed cars stopped in the turn lane.

"I did it so I wouldn't be hit by the cars behind me," he said. "I didn't even know that was a rule."

As he pulled onto U.S. 21, he heard the sirens of the Highway Patrol car behind him switch on. He was shocked to find out they were for him.

He was about to receive the first ticket of his trek.

"I told him I was riding 5,000 miles across the country," he said. "The trooper wasn't having any of it. I had a clean driving record and everything."

Attempts to reach the S.C. Highway Patrol for comment were unsuccessful Wednesday.

A COMPLICATED PROCESS

The ticket may also cost Taillon points on his driver's license, Charleston attorney Peter Wilborn said.

Wilborn, who has practiced traffic law affecting bicyclists since 1998, said the points associated with the ticket could affect Taillon's automobile insurance costs.

A traffic ticket for unlawful passing carries a four-point penalty, according to the S.C. Department of Motor Vehicles.

Wilborn said he has argued cases where the point penalties were dropped, but said applying laws meant for cars to bicycles is a complicated process.

The point system is meant to assess a driver's risk on the road so it would be inappropriate to apply it to a bicyclist, Wilborn said. The risk of a cyclist on a 25-pound bicycle injuring someone is much smaller than a driver in a much heavier car, he said.

While Wilborn said he did not know the details in Taillon's case, he said bicyclists should ride a bike on a road the way a driver would handle their car. Bicyclists should use the right-hand side of the rightmost lane to make turns, but can pass cars in the left lane.

Cyclists also should not take shortcuts that wouldn't be safe in a car, he said.

Wilborn said he has trained many bicyclists and police on laws pertaining to bicycles over the years.

"There's not a lot of uniform understanding of bicycle law in South Carolina," he said. "The trooper could have served safety and helped the cyclist going all the way across the country by pointing out what he had done and educating him."

'DUMBFOUNDED'

Taillon said the trooper asked him to provide his driver's license and insurance during the stop.

Steve Alfred, the president of the Kickin' Asphalt bicycle club on Hilton Head Island, said many cyclists do carry medical insurance information and identification on their rides.

Few riders, if any, carry their automobile insurance since a driver's license and automobile insurance aren't required to ride a bike.

Even fewer are ticketed, he said.

"I hardly ever hear of tickets given to cyclists," he said. "I've never heard of a bicyclist being ticketed for unlawful passing."

Taillon said he spoke to his mother and other riders in Charleston, who were all incredulous abut the ticket.

"We're all pretty dumbfounded by it," he said.

Taillon is still weighing his options on how to proceed with the ticket since he'll be in California on the scheduled court date. Wilborn said Taillon had reached out to him, but he had not reached back yet.

"I just wanted to see the country, go coast to coast at a slower pace," he said. "I guess I'll have to mail it in and pay it."

This story was originally published March 25, 2015 at 10:12 PM with the headline "Cross-country cyclist ticketed for unlawful passing in Beaufort."