Bicycle Board Members,
I need help editing this to maximize the probability that BikeWV and
WVDOH will read it, understand it and act on it. The Word file attached
contains the text so you can use Track Changes and Comments.
At the last BB meeting, we ran out of time before we could discuss the
nascent WVDOH Bicycle/Pedestrian Plan. I sent you all the draft plan on
11/3, Subject: Bicycles on roadway shoulders.
I don't know when the plan will be released but I think if we wait until
it is released to get our act together for a response, we'll be too
late. The draft message below is addressed to Kim Broughton. I think
she's acting as the leader of BikeWV and sees herself as representative
of all WV cyclists.
If you're willing to edit the message, please reply all. That way we'll
all know who's working on it and can coordinate.
If you look at the handouts that I provided at last week's BB meeting,
you'll see some PowerPoint slides. These slides illustrate some of the
points that I try to make in the message below. I sorely need help
creating a set of visuals that illustrate all the points I'm trying to
make in the message. Please, please if anybody has expertise in making
such graphics or could just teach me how to make such things, help me
however you can.
Frank
/Cyclists fare best when they act and are treated as drivers of vehicles
/*********************************************
Kim,
What is BikeWV doing to prepare a response to the WVDOH
Bicycle/Pedestrian Plan? I think we should be working on one so we'll
be ready when the plan is released. Following are some of my thoughts.
The plan is consistent with Paul Maddox' statement at the April 2009 WV
Cycling Symposium, "WV roads are too narrow and too winding for
bicycles". It is also consistent with dialogs that I have had with
WVDOH officials such as Ray Lewis that indicate that they will get
bicycles off the roads.
In response to the plan, we should advocate for paving shoulders. We
should oppose striping shoulders as bike lanes. We should vociferously
oppose prohibiting bicycles from using the roadway when a bike lane or
side path is present.
The legislation change proposals in the plan's Appendix A, particularly
17C-11-5 on page 77 deny cyclists' right to the roadway. We should
advocate for complete deletion of 17C-11-5. (For your convenience, I
have cut and pasted at the end of this message, 17C-11-2 with the
changes proposed in the plan.)
Paving shoulders is a good idea. Expecting cyclists to ride on them is
not such a good idea. Striping them as bike lanes is a bad idea.
Requiring cyclists to ride on them and forbidding cyclists to ride on
the roadway is a clear denial of cyclists' right to the roadway.
*PAVING SHOULDERS IS A GOOD IDEA*
Paving shoulders is a good idea because doing so reduces the cost of
maintaining the roadway, keeps the roadway cleaner and provides an
escape for cyclists or motorists who perceive that traveling on the
roadway is unsafe.
*EXPECTING CYCLISTS TO RIDE ON SHOULDERS IS NOT SUCH A GOOD IDEA*
Expecting cyclists to ride on shoulders is not such a good idea because
driving on shoulders is often less safe than driving on the roadway.
Paved shoulders may be great for climbing a long steep hill beside a
high speed narrow roadway that has no cross traffic but there are at
least 4 reasons that expecting cyclists to ride on shoulders is not such
a good idea.
1. Shoulders often collect debris such as gravel, glass, dead animals,
construction materials and car parts that present a very significant
crash hazard particularly on curvy high speed descents. I recently saw
a statistic that something like 75% of automobile crashes are due to
debris on the roadway. The WVDOH Bicycle/Pedestrian Plan does not
include any provision for keeping the shoulders clean.
2. The cross grade of shoulders is usually designed to channel water
from the roadway rather than to provide sufficient centripetal force to
hold a vehicle on the shoulder when traveling at speed. This is usually
not a problem when traveling slowly up hill but especially on curvy
descents, it can be quite dangerous particularly in wet or icy
conditions. The plan includes no provision to reconstruct the shoulders
to ensure sufficient traction for bicycles driving on the shoulders
particularly around curves on downhills.
3. Cycling on the shoulder puts cyclists where motorists don't look for
traffic. This problem is particularly severe at crossings. How often
have we heard a motorist exclaim after hitting a cyclist with his or her
car, "I didn't even see him!"? When a motorist makes a right turn from
a roadway into a driveway or a cross road, they look to the left for
traffic, not to the right. If a bicyclist is on the shoulder to their
right rather than in the travel lane, the motorist won't see them.
"Right hooks" are one of the most common types of crashes between motor
vehicles and bicyclists.
When a motorist makes a left turn into a driveway or a cross road, they
look for a break in on-coming traffic before making the left turn. If a
bicyclist traveling on the shoulder is obscured from the motorist's view
by vehicles on the roadway passing the bicyclist, the motorist can turn
left immediately after a gap appears in the line of on-coming motor
vehicles and into the the cyclist on the shoulder. "Left hooks" are
also one of the most common types of crashes between motor vehicles and
bicycles.
The most common cause of crashes between motor vehicles and bicycles is
the drive out from an intersection. One reason these occur is that the
motorist doesn't see the bicyclist when they drive out from the
intersection. The narrow profile of an on-coming bicycle makes it
difficult to see and judge its speed. This problem is bad enough when
cyclists are in the travel lane. It can be expected to be worse when
the bicyclist is on the shoulder where the motorist is even less likely
to be looking, especially when they're talking on the phone. The plan
does not recognize these dangers and includes no designs for handling
bicycles riding on the shoulders at traffic crossings.
4. Traveling on the shoulder and then merging from the shoulder to the
travel lane, to go straight through an intersection or to make a left
turn at an intersection is less safe than traveling in the through lane
or merging from the through lane to the left side of the lane or to a
left turn lane to make a left turn. The plan does not recognize these
challenges and includes no designs for ensuring safe merging from the
shoulder.
*STRIPING SHOULDERS AS BIKE LANES IS A BAD IDEA*
Striping shoulders as bike lanes is a bad idea for 3 reasons:
1. Striping the shoulders as bike lanes will encourage bicyclists,
particularly inexperienced cyclists, to drive on the bike lane when it
may indeed be less safe than the roadway because of inadequate bike lane
maintenance or unsafe bike lane construction as discussed above. The
plan does not provide justification for striping the shoulders as bike
lanes rather than just paving the shoulders and leaving them unmarked.
2. Striping the shoulders as bike lanes can be expected to confuse both
motorists and bicyclists about where the bicyclist should be on the
highway. Too many motorists and bicyclists already are unaware that the
law gives bicyclists the same rights to the roadway as motorists. Few
motorists and cyclists are aware that the safest position for the
cyclist can be on the left side of the travel lane, for example, when
making a left turn. Motorists can be expected to be less accommodating
of bicycles merging left across the roadway from a bike lane than of
bicycles merging left in the travel lane or from the travel lane. While
the design directives in the plan specify: " Cars hitting bikes that
make left turns from the right side of the roadway is also a common type
of crash between motor vehicles and bicycles. At locations where the
shoulder width becomes too narrow for use as bicycle lanes, signage will
be installed reading "BICYCLE LANE ENDS MERGE WITH TRAFFIC", the plan
does not recognize the turn movements that cyclists must be able to make
and it provides no provision for making such turn movements safer from
the bike lane than from a travel lane. It also provides no
justification that merging from the bike lane could be safer than
merging in or from the travel lane.
3. Striping shoulders as bike lanes can be expected to increase the
attitude among the general public, motorists and even many bicyclists
that bicyclists do not have a right to the road. Striping the shoulders
as bike lanes can decrease the safety of cyclists who choose to drive on
the roadway because motorists may believe that they are not required to
exercise due care for cyclists when they believe that cyclists do not
belong on the roadway. The plan does not recognize the problem of
erroneous perception of cyclists' rights to the roadway. The plan does
include laudable bicycle safety training but it is not clear that the
training will cover cyclists' right to the road.
*FORBIDDING CYCLISTS FROM DRIVING ON THE ROADWAY EXPLICITLY DENIES
CYCLISTS' RIGHT TO THE ROAD*
The design directives in the plan state: "Bicycles are required to use
marked bicycle lane if present." The proposed 17C-11-5c states:
"Whenever a paved path has been constructed and designated for bicycles
adjacent to a roadway, bicycle riders shall use such path and shall not
use the roadway".
Forbidding cyclists from driving on the roadway when a bike lane and
side path exists explicitly denies bicyclists' right to the roadway.
Forcing cyclists to drive on bike lanes and bike paths indicates that
even the WVDOH doesn't believe that they are safer than cycling on the
roadway. Requiring cyclists to drive on bike lanes and bike paths and
prohibiting cyclists from driving on the roadway indicates that getting
cyclists off the road is a higher WVDOH priority than cyclist safety.
My understanding is that all states put language such as that in
17C-11-2 that grants cyclists equal rights to the roadway into their
state laws in the early 1900's but language such as that in 17C-11-5 did
not appear until after World War II when our country became decidedly
auto-centric. While other states are recognizing the discrimination of
Far to the Right (FTR), Mandatory Bike Lane (MBL), Mandatory Shoulder
Use (MSU) and Mandatory Side Path (MSP) requirements and repealing these
discriminatory articles from their laws, WV is heading toward becoming
the only state in the union with all 4. The attached table shows the
current status of the 50 states with respect to these laws. (My thanks
to fellow LCI Dan Gutierrez for creating that file.)
Frank Gmeindl
Chairman, Morgantown Municipal Bicycle Board
LCI #1703
/Cyclists fare best when they act and are treated as drivers of vehicles/
*§17C-11-5. Riding on roadways and bicycle paths. *(as contained in
draft WVDOH Bicycle/Pedestrian Plan)* *
(a) Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
_except; when overtaking and passing another bicycle or vehicle
proceeding in the same direction, when preparing for a left turn at an
intersection or into a private road or driveway, when riding in the
right turn only lane, or when reasonably necessary to avoid conditions
including, but not limited to, fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards, or
substandard width lanes that make it unsafe to continue along the
right-hand curb or edge. For purposes of this section, a "substandard
width lane" is a lane that is too narrow for a bicycle and a vehicle to
travel safely side by side within the lane. _
(b) Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths or parts of roadways set aside for the exclusive
use of bicycles. _Persons riding two abreast, where allowed, shall not
impede the normal and reasonable movement of traffic and shall ride
within a single lane. _
(c) Whenever a usable path for bicycles has been provided _paved path
has been constructed and designated for bicycles _adjacent to a roadway,
bicycle riders shall use such path and shall not use the roadway.
_(d) Nothing in this chapter shall be construed as prohibiting persons
from riding bicycles on or along shoulders of a street or highway._
-------- Original Message --------
Subject: RE: Bicycles on roadway shoulders
Date: Wed, 04 Nov 2009 08:47:42 -0500
From: Robinson, Bill C <Bill.C.Robinson(a)wv.gov>
To: Kimberly Jo <kimberlyjoshi(a)gmail.com>
CC: Frank Gmeindl <fgmeindl(a)verizon.net>, Hudson, Jim E
<Jim.E.Hudson(a)wv.gov>, Simmons, Harold R <Harold.R.Simmons(a)wv.gov>,
Warner, Richard L <Richard.L.Warner(a)wv.gov>, Stanevich, Ron L
<Ron.L.Stanevich(a)wv.gov>
References:
<9F99D851A5A1AA42BC98EF491E731F8F31967E(a)WVOTMAIL04.executive.stateofwv.gov>
<4AE740C8.8050400(a)verizon.net>
<9F99D851A5A1AA42BC98EF491E731F8FD24DAE(a)WVOTMAIL04.executive.stateofwv.gov>
<bf837ff30911030817j7f632cc2ya2297cd14213fc3b(a)mail.gmail.com>
*Kim -- *
* *
*Regretfully, I would like to ask that you not distribute the draft plan
you received. This version is only the second draft; it has never left
our Division; it has never been seen by the top-level managers in the
WVDOH (such as the Secretary/Commissioner or the State Highway
Engineer); it really has no standing. It is what I've told you that it
is: simply a draft "starting point". We've already done one extensive
re-write; we expect probably at least one more before submittal to
higher level management. We have started with everything we think may
be possible for the WVDOH to achieve, but obviously without management
"buy-in" we can't promise anything. To release this draft plan (which
was meant to only be reviewed internally in the WVDOH) may jeopardize or
complicate the process; if WVDOH management is in disagreement or
apprehensive about any of the draft recommendations, public comment at
this point may erode our ability to sway people internally on what might
be perceived (again, internally) as questionable directions for the
WVDOH. In addition, in the interest of fairness to the citizens, we
don't want to "piecemeal" drafts out to people without all interested
parties having a chance to view it at the same time.*
* *
*As in our earlier conversations, when we have a version of this plan
that the WVDOH management is comfortable with, the WVDOH will have a
public comment period and will welcome input from the bicycle community
and all the interested citizens, but we're not at that point right now
and receiving comments on a "rough" draft document that may change
significantly won't be helpful to the WVDOH or a good use of the time
and energy of the bicycle community at this point. So please, just take
a look at the draft, see it as an indicator of the larger picture of
what the WVDOH is trying to do and I'll contact you when we are ready
for public comment.*
* *
*Bill*
*William C. Robinson***
*State Trail Coordinator*
*Progam Manager, Recreational Trails Program *
*WVDOH Bicycle/Pedestrian Coordinator*
*Chairman, West Virginia Recreational Trails Advisory Board*
* *
*West Virginia Department of Transportation*
*Division of Highways*
*Program Planning and Administration Division*
*1900 Kanawha Boulevard, East*
*Building 5, Room 863*
*Charleston, West Virginia 25305-0430*
*(304)558-9615 Fax -- (304)558-3783*
*bill.c.robinson(a)wv.gov <mailto:bill.c.robinson@wv.gov>*
*_"_**The life of the artist is, in relation to his work, stern and
lonely. He has labored hard,*
*often amid depravation, to perfect his skill. He has turned aside from
quick success in*
*order to strip his vision of everything secondary or cheapening. His
working life is*
*marked by intense application and intense discipline." - John F.
Kennedy, 1962 *
* *
* *
* *
* *
*From:* Kimberly Jo [mailto:kimberlyjoshi@gmail.com]
*Sent:* Tuesday, November 03, 2009 11:18 AM
*To:* Robinson, Bill C
*Subject:* Fwd: Bicycles on roadway shoulders
What's up Bill? Can I distribute this to our list.
Thanks!
---------- Forwarded message ----------
From: *Stanevich, Ron L* <Ron.L.Stanevich(a)wv.gov
<mailto:Ron.L.Stanevich@wv.gov>>
Date: Tue, Nov 3, 2009 at 10:53 AM
Subject: RE: Bicycles on roadway shoulders
To: Frank Gmeindl <fgmeindl(a)verizon.net <mailto:fgmeindl@verizon.net>>
Cc: Kim Broughton <kimberlyjoshi(a)gmail.com <mailto:kimberlyjoshi@gmail.com>>
Frank / Kim
Thanks for your responses last week.
I've attached a draft copy of the WVDOH's Bicycle / Ped Plan (note, I
don't think that this is the actual title, but because this is a draft
copy, some of the titles are missing).
In this plan are several changes to current WVDOH Policies and changes
that the DOH intends to make to the WV Code in the very near future.
Please note the DOH is only making changes that we feel affect its
operations and issues. What I'm told that has been the direction given
from our management.
Nevertheless I've been "befriended" some of the employees in Planning
and they've given me these draft copies to review. I asked if I could
circulate them to friends for comments. They said they had no problem
with that. So that's what I'm doing.
If you have comments on any of these proposals. Please feel free to
submit them to me as soon as possible. I have no clue as to when the
Division plans to submit this, or what the rest of the review process is
like or consists of. Again, it's not my section. But the sooner you
can get me comments, I will forward them on to the appropriate individuals.
Frank... concerning our correspondence last week about the shoulder
riding, the division has proposed a change to 17C-11-5 by adding a
section (d) that states that /Nothing in this Chapter shall be construed
as prohibiting persons from riding bicycles on or along the shoulders or
a street or highway/.
Anyhow, I thought I would circulate these proposals for a wider
reviewing audience. I did say that I would try to get comments back
to them shortly and they would look at them. Again this is just a
draft proposal of WVDOH Policies, and changes to the State Code that
deal with DOH issues in regards to Pedestrians and Bicycles.
Please feel free to review circulate and comment back to me if you wish,
and I'll try to make sure they get to the appropriate personnel.
/Ron Stanevich, PE/
/Specifications Engineer/
/West Virginia Division Of Highways/
/Contract Administration/
/1900 Kanawha Blvd East/
/Bldg 5, RM 722/
/304.558.9556/
*From:* Frank Gmeindl [mailto:fgmeindl@verizon.net
<mailto:fgmeindl@verizon.net>]
*Sent:* Tuesday, October 27, 2009 2:50 PM
*To:* Stanevich, Ron L
*Cc:* Kimberly Jo
*Subject:* Re: Bicycles on roadway shoulders
Ron,
Thanks for contacting me. I hope the class is stimulating and
informative. Wish I were there with you! I have a lot to learn:)
The WV code is unclear whether bicyclists are permitted to drive their
bicycles on shoulders. Since the code doesn't explicitly address
bicycling on shoulders, one could argue that it is permitted. However,
a problem arises when a cyclist is injured while bicycling on the
shoulder or when a bicyclist while bicycling on the shoulder, injures
someone. The WV code only says that bicyclists have the same rights and
duties as motorists when they're on the roadway.
WV code 17C-1-37 explicitly excludes the shoulder from the definition of
"Roadway". Specifically, 17C-1-37 says, ""Roadway" means that portion
of a highway improved, designed, or ordinarily used for vehicular
travel, *exclusive of the berm or shoulder*." That is, according to WV
code, the shoulder is not part of the roadway.
Why is that important? It's important because WV code 17C-11-2 only
gives cyclists equal right to motorists when the bicyclist is bicycling
on the roadway. Explicitly, 17C-11-2 says, "Every person riding a
bicycle *upon a roadway* shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of a vehicle by
this chapter, except as to special regulations in this article and
except as to those provisions of this chapter which by their nature can
have no application."
I am surprised that the NHI instructor believes that WV's State Code
falls back on the Uniform Vehicle Code because the WVDOH told me
otherwise. Here's a quote from a December 17 e-mail from Ray Lewis,
WVDOT Staff Engineer - Traffic Research and Special Projects to Bill
Robinson, WVDOH Bicycle/Pedestrian Coordinator
"The UVC is a model code, like many other model codes. There is no
requirement that West Virginia adopt it, or conform to it. The WV Code
language governs in all cases. We were able for several years to have
bills introduced in the Legislature to have the WV CODE brought into
conformity with the UVC; our efforts repeatedly failed."
Kim Broughton was copied on that e-mail.
The reason this came up is that Bill, Ray and I were discussing 17C-11-5
that says, "Every person operating a bicycle upon a roadway shall ride
as near to the right side of the roadway as practicable...". I cited
the UVC that clarifies "as near to the right as practicable" and above
was Mr. Lewis' response.
I hope this answers your question. Please let me know how it turns out.
Frank Gmeindl
League of American Bicyclists Certified Instructor #1703
Chairman, Morgantown Municipal Bicycle Board
On 10/27/2009 1:58 PM, Stanevich, Ron L wrote:
Mr. Gmeindle
I'm currently in a NHI bicycle & pedestrian facilities class. The
instructors here from FHWA feel that WV's State Code falls back on the
Universal Vehicle Code when it comes to the subject issue.
I remember at this past summer's Symposium, it was discussed that
bicycles were not allowed on roadway shoulders.
I was trying to find where this issue is addressed in state code, and
Kim Broughton passed me along to you.
Thanks
Ron Stanevich
WVDOH
Message sent from my Blackberry!
--
Kimberly Broughton
Creative Crosswalks, LLC
kimberlyjoshi(a)gmail.com <mailto:kimberlyjoshi@gmail.com>
304.483.1685
