Can the Army or my unit confiscate my bike from outside of the barracks?

SPC Private RallyPoint Member — Sun, 31 Mar 2019 17:03:02 -0400

I have a bicycle that i use to get to and from work. Today as I was locking my bike up to a pole outside of my barracks room a SPC from CQ ran up and told me earlier an NCO (SFC) said that "later they were going to cut the locks on the bikes and take them away" (about 4 bikes in the general area.) This really raises concerns for me because as a soldier on E2 pay my nice 1400 dollar bicycle kinda hurt the pockets just for it to get stolen. (I've always loved riding bike and easily justified the cost). Also yes i said stolen, that is stealing, because in the policy letter for barracks standards: nothing, signs stating no bikes: none. There is one bike rack for 5 Barracks stacks no where near mine and it is unquestionably not going to take any more bikes. I will bring this up with my first line but since its the weekend I'm worried. There is a sensing session with 1SG this week, would this be something to bring up? I use this bike for leisure and transportation. Without any signs or warnings other than the verbal one i mentioned, can the army or my unit STEAL my bike?

Response by SSG Brian G. made Mar 31 at 2019 5:47 PM

SSG Brian G. — Sun, 31 Mar 2019 17:47:29 -0400

Ok, what you are essentially doing is storing your property in an unauthorized area. That pole outside your area is not yours to do with as you please. You have two options: Use the bike rack or bring your bike into your barracks room. Anything else and the First Sergeant can have it removed and classify it as abandoned property, despite it being locked up with a bike lock and no, that is not stealing.

Response by Maj John Bell made Mar 31 at 2019 6:31 PM

Maj John Bell — Sun, 31 Mar 2019 18:31:49 -0400

Contact the SFC in question and respectfully ask, without any snark, where can I store my bike without causing problems. If he tells you to use the bike rack that is full. Let him know that it is full, and ask for an alternative. Keep asking the question until you get an answer that works, regardless of the of inconvenience. Then do that.

If he gives you no answer, keep going up the chain of command until you get one. It is a reasonable request to have a convenient and safe place to store your bicycle. It is the responsibility of the chain of command to provide solutions for reasonable expectation that are beyond the power of the Soldier making the request.

I'm betting there is some unit on base that could turn out bike racks all day long from scrap stored somewhere on base, while the unit improved its welding skills.

Response by SFC Private RallyPoint Member made Mar 31 at 2019 6:33 PM

SFC Private RallyPoint Member — Sun, 31 Mar 2019 18:33:52 -0400

Bikes can only be stored or secured in designated areas, if it is not in a designated area, the unit can removed it because it is in an unauthorized area. They remove bikes all the time in Korea, especially if they are not registered. Discuss the issue with your COC, find out if there is another authorized storage area.
Recommendation: if I paid as much as you did for a bike, I would be storing it in my room because there’s nothing stopping anyone else (other than the NCO) from cutting your lock and taking your bike. The safest place for your bike is with you.... Good Luck to you....

Response by SGT Private RallyPoint Member made Mar 31 at 2019 7:20 PM

SGT Private RallyPoint Member — Sun, 31 Mar 2019 19:20:05 -0400

Where are bikes properly stored? In a bike rack.
Are bikes authorized to be chained to the pole? No
Can leadership remove improperly stored bikes? Yes
Is your bike stored improperly? Yes

Can leadership remove your improperly stored bike?

When a question starts, “Can the Army do xyz...?”, the answer is generally yes.
Store it in your room, and work the proper channels to get another bike rack installed.

Best of luck

Response by SFC Private RallyPoint Member made Mar 31 at 2019 9:26 PM

SFC Private RallyPoint Member — Sun, 31 Mar 2019 21:26:47 -0400

If you park your car on the sidewalk and it gets towed away, has your car been stolen? No it has not. Just because the bike belongs to you does not mean you can place it anywhere you like. You are not entitled to outdoor bike storage In cities, many people even store there bikes inside their apartments.

But, you do have a valid issue to raise with your command team. They can elevate that to the garrison commander and come up with a solution. Until that happens, you're going to need to find an alternate storage solution.

Response by SSG Laurie Mullen made Apr 1 at 2019 12:08 AM

SSG Laurie Mullen — Mon, 01 Apr 2019 00:08:57 -0400

When I was stationed at Ft Lewis I had a road bike and a mountain bike that I kept in my room. Do you have enough space in your room for the bike?

Response by MSG Private RallyPoint Member made Apr 1 at 2019 9:55 AM

MSG Private RallyPoint Member — Mon, 01 Apr 2019 09:55:54 -0400

Dude...you parked/locked your bike at an unauthorized location. It wasn't stolen. It was towed.

Response by 1SG Private RallyPoint Member made Apr 1 at 2019 9:57 AM

1SG Private RallyPoint Member — Mon, 01 Apr 2019 09:57:25 -0400

They should not be cutting any locks or grabbing bikes without some kind of policy letter from a commander designating authorized parking/ storage spaces for them. This smells like 1SG/ CSM doesn't like the clutter.
Having said that, as the owner of a nice carbon frame, $1500 bike myself, ain't no way I'd leave that thing outside in a barracks area. I have a lock that would take a disc grinder or the jaws of life to defeat, and I still wouldn't do that. Keep it in your room.

Response by SGT Mathew Husen made Apr 2 at 2019 8:51 PM

SGT Mathew Husen — Tue, 02 Apr 2019 20:51:04 -0400

It's not stealing when you've been given notice like you described. I would however raise the issue with your unit to see if there can be other alternatives to securing your bike. I knew people in the past that took their bike to their room; so that could be an option.

Response by SSG Darrell Peters made Apr 3 at 2019 12:47 AM

SSG Darrell Peters — Wed, 03 Apr 2019 00:47:55 -0400

A Bicycle according to the Motor Vehicle Code is a Vehicle. At least According to U.S. Army Regulations dated 1913 they are classified as a Vehicle. Yes I have a copy. It falls into the same category as trucks cars and horse drawn wagons. Now since it is a Vehicle it is on par with an automobile as a method of transportation. Which means the Army can according to my understanding regulate them in the same manner as an automobile. Which means designated parking and in the old days even an inspection sticker and they are subject to POV inspections because they are a vehicle.
They must be properly stored "parked" like any other Vehicle. IF your bicycle is over a certain value your commander could even possibly require you have Insurance, because it is a vehicle subject to the same rules of the road as an automobile. Post Regulations can require you to wear a bicycle helmet and other safety equipment while on a road that has traffic.
Simply Put for everyday going back and forth to work I would get a cheaper bicycle and send the expensive one home or find somewhere to store it for recreational use. Either that or buy a bicycle rack that mounts to the back of a car. If you don't have a car then ask a buddy who does. Otherwise you are going to have to park your bicycle where ever the Army tells you to. Work with your Command and explain respectfully that you use it to get to work.

Response by LTC Private RallyPoint Member made Apr 5 at 2019 11:30 PM

LTC Private RallyPoint Member — Fri, 05 Apr 2019 23:30:34 -0400

I would bring this question up with the Provost Marshall immediately. What is the installation policy regarding locking up bikes outdoors? If an old bike is just rusting away with flat tires and has not been attended too, I can see cutting the locks and confiscating it. Even then, there should be some kind of public announcement about the confiscation of bikes on post. Soldiers should be able to get their bikes back as well. The last thing I ever want to hear of is Soldiers unjustly having their personal property confiscated. I ran into a similar problem when I was an enlisted man in the Navy. The petty officer who tried to confiscated my new bike just wanted it for himself.

Response by LTC Private RallyPoint Member made Apr 5 at 2019 11:37 PM

LTC Private RallyPoint Member — Fri, 05 Apr 2019 23:37:45 -0400

Contact the Provost Marshall and find out what the policy is for locking up bikes outdoors on post. Your command also needs a policy for locking up bikes outside the barracks. If your bike is confiscated, you must have the opportunity to reclaim it. Your command should also make an announcement in formation to give Soldiers an opportunity to properly stow and secure bikes before locks are cut. I had a similar problem when I was Navy enlisted. A petty officer just wanted to confiscate my newly purchased bike for himself.

Response by SGM Bill Frazer made Apr 6 at 2019 11:26 AM

SGM Bill Frazer — Sat, 06 Apr 2019 11:26:57 -0400

1. Kid, it is not being stolen anymore than an illegally parked car being impounded/towed. Stop being a barracks lawyer, they are the 1st to get sent home! 2. Every vehicle on Post has a proper parking space. We used to have a place in the quads for both motorcycles and bikes only. 2. Instead of being foolish, I would ask the 1SG exactly where is the legal approved place to park your bike, and move it there. If anything happens to it in that location, you can push for redress- something you can't do right now.

Response by SSG(P) Private RallyPoint Member made Apr 8 at 2019 8:18 PM

SSG(P) Private RallyPoint Member — Mon, 08 Apr 2019 20:18:02 -0400

Put it in your room

Response by Lt Col Jim Coe made Oct 24 at 2019 12:32 PM

Lt Col Jim Coe — Thu, 24 Oct 2019 12:32:11 -0400

Put the bike on your room. Talk to your chain of command about more bike racks.