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@wv.gov To: Kimberly Jo kimberlyjoshi@gmail.com CC: Frank Gmeindl fgmeindl@verizon.net, Hudson, Jim E Jim.E.Hudson@wv.gov, Simmons, Harold R Harold.R.Simmons@wv.gov, Warner, Richard L Richard.L.Warner@wv.gov, Stanevich, Ron L Ron.L.Stanevich@wv.gov References: 9F99D851A5A1AA42BC98EF491E731F8F31967E@WVOTMAIL04.executive.stateofwv.gov 4AE740C8.8050400@verizon.net 9F99D851A5A1AA42BC98EF491E731F8FD24DAE@WVOTMAIL04.executive.stateofwv.gov bf837ff30911030817j7f632cc2ya2297cd14213fc3b@mail.gmail.com
*Kim -- *
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*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.*
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*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.*
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*Bill*
*William C. Robinson***
*State Trail Coordinator*
*Progam Manager, Recreational Trails Program *
*WVDOH Bicycle/Pedestrian Coordinator*
*Chairman, West Virginia Recreational Trails Advisory Board*
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*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@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 *
* *
* *
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*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@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@verizon.net mailto:fgmeindl@verizon.net> Cc: Kim Broughton <kimberlyjoshi@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!