BikePortland.org has a detailed and interesting review of a court case regarding fixie bicycles and the definition of a brake:
“The state is overreaching in seeking to define a brake as a lever and a caliper. The question remains; is the fixed gear the brake? The statutes are clear that the answer is yes.”
To solidify his point, he took out a huge Webster’s dictionary and opened it to the word “brake.” The definition stated that a brake is a “device to arrest the motion of a vehicle.” It did not stipulate anything about a distinct lever or caliper.
The best part is the dialogue between cop and victim:
Now it was time for Officer Barnum to ask questions. He asked Holland,
“What would you do if your chain broke?”
Holland:
“I would use my feet.”
Officer Barnum:
“What if your leg muscles had a spasm?”
Indeed. And what if your legs were suddenly amputated by giant fireballs from angry dragons on the street? Then how would you stop?
The judge seemed unable to come up with a reasonable definition:
In the Judge’s opinion, gearing itself and/or leg muscles are not a sufficient source of braking power. He said,
“The brake must be a device separate from the musclulature of the rider. Take me for instance. I don’t have leg muscles as strong as a messenger…how would I stop safely?”
He then turned directly to Ginsberg and said,
“If your client had a stick she could rub against her tire, you’d have a case.”
I thought you needed twelve sticks to have a case. But seriously, this judge is clearly a fool for saying that muscles are not allowed as a braking device because they are not a separate device and therefore may not work effectively. Did he not realize that muscles are used to operate all brake levers on a bicycle? The chainrings and crank arms are levers separate from the muscles of the rider. Did he also not realize that something “to rub against a tire” could include a shoe? And why not rub something on the ground instead of the tire? Cable cars have a brake that hits the ground, which might also be called a shoe. Anyway, the fixie brake debate is a good one to watch.
