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.

 

 

304.558.9556

 

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

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