Bicycle Board Members,
Please see message below from Bill Robinson, State Trail Coordinator.
PLEASE DO NOT DISTRIBUTE THE PRELIMINARY WVDOH BICYCLE/PEDESTRIAN PLAN
THAT I SENT YOU YESTERDAY. I still think it's worth reading to show us
what they're thinking.
Frank
-------- 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
