Looks like the WVCC legislative platform for this year will include: Try again for a 3-foot passing law; Repeal 17C-11-5 (a) that requires cyclists to ride as far to the right side of the roadway as practicable OR replace it with language that says, "...far enough to the right as judged safe by the bicyclist to facilitate the movement of overtaking vehicles"; Repeal 17C-11-5 (c) that requires, "Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway..."; Repeal 17C-11-7 (b) that requires bicycles to be equipped with a bell or other device capable of giving an signal audible for at least one hundred feet..."; Add a Vulnerable User Law (e.g. http://www.bikeleague.org/content/model-legislation ).
Below is the thread of communication among the WVCC legislative committee members. Read from bottom up. The thread spans Nov. 14 - 22. On Nov. 18 at 10 am, the committee had a meeting in Charleston with several members including me dialing in.
I am not happy with the outcome. As you can see from the thread below. I tried to get them to focus on repealing 17C-11-5 (a) that requires cyclists to ride far to the right. I'm afraid they'll go to the legislature inadequately prepared and come out with legislation that is more harmful to bicyclists than the laws that we have now. I'm stymied and would appreciate any ideas.
Frank
Begin forwarded message:
From: "Steve Fowler" SMF@pffwv.com Date: November 22, 2013 4:11:07 PM EST To: "Strawn, Dennis A" dennis.strawn@highmark.com, "Christiaan Abildso" cgabildso@hsc.wvu.edu, "Frank Gmeindl" fgmeindl@gmail.com, "Greg Garrett" gagarrett@gmail.com, "John Francis" johncfrancis13@gmail.com, "Craig Slaughter" Craig.Slaughter@wvimb.org, "Patrick Donovan" pdonovan@njrati.org, "Rahul Gupta" rahul.gupta@wv.gov, "Don Spencer" dspencer36@comcast.net, "Emmett Pepper" epepper@vt.edu, "Gary Zuckett" garyz@wvcag.org Cc: "Kasey Russell" russell.kasey@gmail.com Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
I agree with Dennis, including the 3 foot rule. I think we can sell it as follows:
We have looked at the statutes of all 50 states, and worked with the leading advocates for bicycle safety and increasing ridership and these changes will bring WV into a leadership position with no cost at all to the State. We can use these statutes as a jumping off point to push tourism in the State as one the best cycling destinations in the country.
From: Strawn, Dennis A [mailto:dennis.strawn@highmark.com] Sent: Friday, November 22, 2013 2:05 PM To: Steve Fowler; Christiaan Abildso; Frank Gmeindl; Greg Garrett; John Francis; Craig Slaughter; Patrick Donovan; Rahul Gupta; Don Spencer; Emmett Pepper; Gary Zuckett Cc: Kasey Russell Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Hi all, I have been following the conversation and have been enjoying it. I like that we can share our thoughts openly. I perused the Rutgers 3-foot report and have seen the animation about taking the lane, which I agree would be a fabulous tool to have on continuous loop for anyone at the capitol to see.
I think we have unanimous thoughts to repeal the 'far right', side path' and 'bike bell' laws. And I think we have a majority in favor of introducing the 3-ft rule again.
I do not think it is at all too ambitious. It is very doable, revenue neutral and is the very reason we introduced it last year.
I hope that we all not get to wrapped up in language, because as Gary stated, which I know is true too, what goes in and what comes out at the legislature is different.
So let's set this agenda and work with our key representatives and their staff to get the best start we can for the upcoming session.
I really like the vulnerable user law conversation and it looks like Lab does too. They have helped get introduced new legislation concerning this subject, click the link below.
http://www.bikeleague.org/content/take-action-curb-bikeped-fatalities
Right now US DOT has refused to set a safety goal for non-motorized transportation. The new law would require US DOT to present one. The law would then direct state DOTs to measure safety and reduce bike/ped incidents. I am sure WVCC will be talking to our local representatives to support this and we hope you will too.
Thanks Dennis Strawn TQO Tech Team 304-347-7703
From: Frank Gmeindl fgmeindl@gmail.com Date: November 22, 2013 11:09:15 AM EST To: Emmett Pepper epepper@vt.edu, Gary Zuckett garyz@wvcag.org Cc: Steve Fowler SMF@pffwv.com, Christiaan Abildso cgabildso@hsc.wvu.edu, Greg Garrett gagarrett@gmail.com, Kasey Russell russell.kasey@gmail.com, John Francis johncfrancis13@gmail.com, Dennis A Strawn dennis.strawn@highmark.com, Craig Slaughter Craig.Slaughter@wvimb.org, Patrick Donovan pdonovan@njrati.org, Rahul Gupta rahul.gupta@wv.gov, Don Spencer dspencer36@comcast.net Subject: Re: [Bikeboard] WVCC Legislative Committee Meeting
I would limit the platform to repealing 17C-11-5(a) which requires bicyclists to ride as near to the right side of the roadway as practicable because it endangers bicyclists.
I would like us to give Gary and Emmett whatever support they need to get it repealed.
IMHO, we should start by understanding why FTR endangers bicyclists. We should test our understanding by trying to enlighten others, e.g. WVDOH.
Then, we should prepare responses to all possible objections to repealing FTR. For example, some will object, "If bicyclists are allowed to ride in the middle of the lane, I won't be able to pass them and they'll impede traffic". To that, we could respond that besides granting bicyclists the same rights as drivers of vehicles, 17C-11-2 also subjects bicyclists to the same duties as applicable to vehicle drivers and that 17C-7-3 (a) (2) requires, "...the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle..." Of course, we must also know that 17C-7-3 (a) (1) requires, the driver of the overtaking vehicle to "...pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle."
Maybe then, after we have a radiation-hardened case for FTR repeal, we can try making sausages.
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
From: "Don Spencer" dspencer36@comcast.net Date: November 20, 2013 7:55:42 PM EST To: "'Steve Fowler'" SMF@pffwv.com, "'Emmett Pepper'" epepper@vt.edu, "'Gary Zuckett'" garyz@wvcag.org Cc: "'Christiaan Abildso'" cgabildso@hsc.wvu.edu, "'Frank Gmeindl'" fgmeindl@gmail.com, "'Greg Garrett'" gagarrett@gmail.com, "'Kasey Russell'" russell.kasey@gmail.com, "'John Francis'" johncfrancis13@gmail.com, "'Dennis A Strawn'" dennis.strawn@highmark.com, "'Craig Slaughter'" Craig.Slaughter@wvimb.org, "'Patrick Donovan'" pdonovan@njrati.org, "'Rahul Gupta'" rahul.gupta@wv.gov Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Steve – Regardless of where it came from, it still has the weaknesses that I mentioned. In my opinion “far to the right” anything does not constitute model legislation that we should support.
The value of the video is that it shows the weakness of being at the right for other reasons than “judging movement of overtaking vehicles”. It includes relationships to oncoming vehicles; the danger of holes, grates and debris on the edge of the road; and keeping the bicycle vehicle visible to turning and entering traffic. The tape also demonstrates a positioning on the road surface which enables the cyclist to ‘move’ any overtaking traffic into a passing lane, rather providing any encouragement to the motor vehicle driver(s) to consider estimating a questionable 3 foot squeeze-by measurement while negotiating oncoming traffic at a speed over 35 miles an hour.
In my opinion, our platform for the “far to the right issue” should be the tape and whatever wording which enables it to be the standards for WV use of road surfaces by bicycle vehicle drivers. With the exception of the “far to the right” and the 3 foot rule, I support the other points that you make in your platform. If necessary, I could support the 3 foot rule if it relates only to a traffic speed zone of 35 miles an hour or less – with the rule being 4 feet in traffic speed zones exceeding 35 miles per hour.
Don
From: Steve Fowler [mailto:SMF@pffwv.com] Sent: Wednesday, November 20, 2013 4:13 PM To: Don Spencer; Emmett Pepper; Gary Zuckett Cc: Christiaan Abildso; Frank Gmeindl; Greg Garrett; Kasey Russell; John Francis; Strawn, Dennis A; Craig Slaughter; Patrick Donovan; Rahul Gupta Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
The language is from the Colorado Statute that the League holds out as a model.
From: Don Spencer [mailto:dspencer36@comcast.net] Sent: Wednesday, November 20, 2013 4:08 PM To: Steve Fowler; 'Emmett Pepper'; 'Gary Zuckett' Cc: 'Christiaan Abildso'; 'Frank Gmeindl'; 'Greg Garrett'; 'Kasey Russell'; 'John Francis'; 'Dennis A Strawn'; 'Craig Slaughter'; 'Patrick Donovan'; 'Rahul Gupta' Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Steve – My first reaction to your words, “far enough to the right as judged safe by the bicyclist to facilitate of movement of overtaking vehicles” is that it is 1) a bit cumbersome and too complex – especially for persons taking a DMV driving test, 2) too much like the current “as far to the right as possible”, and 3) unenforceable by law enforcement personnel. I think we have to let go of the dysfunctional “far to the right” mindset and have confidence in the much greater safety for cyclists which comes when cyclists act as legitimate and responsible vehicles on roadways. As the film shows there is no greater assurance of safety which accrues to a cyclist by being as “far to the right”. In fact the vulnerability is usually greater for the numerous reasons carefully presented.
Don
From: Steve Fowler [mailto:SMF@pffwv.com] Sent: Wednesday, November 20, 2013 8:49 AM To: Emmett Pepper; Gary Zuckett Cc: Christiaan Abildso; Frank Gmeindl; Greg Garrett; Kasey Russell; John Francis; Dennis A Strawn; Craig Slaughter; Patrick Donovan; Rahul Gupta; Don Spencer Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Here is my draft of the platform to pursue in this legislative session:
Overhaul our current code to make WV a bicycle friendly state in the WV Code. Repeal the “as far right as practicable” and replace it with “far enough to the right as judged safe by the bicyclist to facilitate of movement of overtaking vehicles”. Adopt a vulnerable user statute. Repeal law that requires bike path use and prohibits use of the adjacent roadway. Repeal the mandatory bicycle bell law. Adopt a three foot passing rule.
We can prepare packets of info with a copy of the bike video, and materials from the League of American Bicyclists to demonstrate that these are model statutes being adopted in forward thinking states.
If this agenda is too ambitious for the legislators we meet with, then we will focus on the repeal of the “as far right as practicable” statute.
Kasey, the League of American Bicyclists used to be called the League of American Wheelmen. I’m not sure when they changed their name.
From: Emmett Pepper [mailto:epepper@vt.edu] Sent: Wednesday, November 20, 2013 4:50 AM To: Gary Zuckett Cc: Christiaan Abildso; Frank Gmeindl; Greg Garrett; Kasey Russell; John Francis; Steve Fowler; Dennis A Strawn; Craig Slaughter; Patrick Donovan; Rahul Gupta; Don Spencer Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Playing that video in committee would be great. Also, maybe a table in the hallway with a computer setup for people to watch it? I'm envisioning a big banner that says something like "Forcing bicycles to the right is unsafe" to catch people's eye. You all would know better than I if that is a cost-effective use of resources, but I know I like to stop at tables during the session.
Also, forgive my ignorance on this, but are there committee staffers who could benefit from educating ahead of the session? Having people behind the scenes who understand where we are coming from might be a good strategy since I think there generally needs to be education on our positions. Until I saw this video, I didn't fully understand why forcing people on bikes to the right was bad. This could also help with getting the video onto the committee agenda.
-Emmett
P.S. Is Charleston's newly revised trestle rail-trail plan a finalized document or is commenting ongoing? Put another way, is there an outlet for involvement in these issues at the local level here in Charleston?
On Nov 19, 2013 6:14 PM, "Gary Zuckett" garyz@wvcag.org wrote: This is an excellent educational tool for our campaign. We need to figure how to get the legislators to watch it. Maybe get permission to play it in committee when bill is discussed?
From: Frank Gmeindl [mailto:fgmeindl@gmail.com] Sent: Tuesday, November 19, 2013 3:49 PM To: Steve Fowler Cc: Emmett Pepper; Strawn, Dennis A; John Francis; Kasey Russell; Rahul Gupta; Greg Garrett; Gary Zuckett; bikeboard@bikemorgantown.com Board; Patrick Donovan; Christiaan Abildso; Craig Slaughter; Don Spencer Subject: Re: [Bikeboard] WVCC Legislative Committee Meeting
WVCC Legislative Committee Members,
This one-minute animation: http://commuteorlando.com/ontheroad/animations/narrowlane/narrowlane.html illustrates many of the hazards of riding far right as required by 17C-11-5 (a).
The cyclist must be allowed to choose a lane position that avoids these hazards.
A 3-foot passing law will not mitigate:
- motorists pulling out in front of edge-riding bicyclists;
- right-turning vehicles colliding with edge-riding cyclists (right hook);
- on-coming left-turning vehicles crashing into edge-riding cyclists (left cross);
- overtaking vehicles rear-ending cyclists who make left turns from the right side of the road;
- edge-riding cyclists crashing because of debris, potholes, cracks, animals and pedestrians that are more prevalent at the right edge of the roadway.
Repealing 17C-11-5 (a) will free cyclists to choose a lane position that minimizes these hazards as well as close passes.
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
On Nov 18, 2013, at 9:26 AM, Steve Fowler wrote:
I would propose the following;
Do we focus on the passage of the “three foot rule” or attempt to clean up all the problem statutes?Current law for passing a bike requires an audible signal, and then passing and returning to the lane of travel only when “safe”. Almost no one follows this law when passing a bicycle. An easy to understand “three foot rule” would be much better.Problem statutes/
a/ 17C-11-5(a) “as near to the right side of the roadway as practicable” Fix – Colorado law “far enough to the right as judged safe by the bicyclist to facilitate the movement of overtaking vehicles”
b/ 17C-11-5(c) Have to use a bike path Fix – repeal c/ 17C-11-7(b) have to use a bell From: Kasey Russell russell.kasey@gmail.com Fix – repeal.
Date: November 15, 2013 10:11:07 AM EST To: Emmett Pepper epepper@vt.edu, Don Spencer dspencer36@comcast.net, Frank Gmeindl frank.gmeindl@comcast.net, Gary Zuckett garyz@wvcag.org Cc: Rahul Gupta rahul.gupta@wv.gov, "Strawn, Dennis A" dennis.strawn@highmark.com, Patrick Donovan pdonovan@njrati.org Subject: Re: WVCC Legislative Committee Meeting
All: attached is the bill from last year. It was killed on third reading on Special Calendar on the House Floor. Obviously, whatever we decide to pursue, we will devise a different strategy :). kasey
From: Kasey Russell russell.kasey@gmail.com Date: November 15, 2013 9:54:43 AM EST To: Emmett Pepper epepper@vt.edu Cc: Frank Gmeindl fgmeindl@gmail.com, Don Spencer dspencer36@comcast.net, Gary Zuckett garyz@wvcag.org, Rahul Gupta rahul.gupta@wv.gov, "Strawn, Dennis A" dennis.strawn@highmark.com, Patrick Donovan pdonovan@njrati.org, Christiaan Abildso cgabildso@hsc.wvu.edu, "bikeboard@bikemorgantown.com Board" bikeboard@bikemorgantown.com, Steve Fowler smf@pffwv.com, Craig Slaughter Craig.Slaughter@wvimb.org, Greg Garrett gagarrett@gmail.com, John Francis johncfrancis13@gmail.com Subject: Re: WVCC Legislative Committee Meeting
Re: agenda -- I was planning to discuss the "Bike Safety Bill" we introduced last year and to determine if we want to modify it in any way for the upcoming session. I think Frank's email that he just sent is a great place to start with our discussion. We will also discuss if there are any additional pieces of legislation that we could pursue given our resources. Things mentioned to date: uniform code on public trails regarding trespass (ATVs mostly); license plate special funding. Please let me know if I'm missing anything. Thanks, kasey
From: Emmett Pepper [mailto:epepper@vt.edu] Sent: Friday, November 15, 2013 9:42 AM To: Frank Gmeindl Cc: Kasey Russell; Don Spencer; Gary Zuckett; Rahul Gupta; Strawn, Dennis A; Patrick Donovan; Christiaan Abildso; bikeboard@bikemorgantown.com Board; Steve Fowler; Craig Slaughter; Greg Garrett; John Francis Subject: Re: WVCC Legislative Committee Meeting
Is there an agenda for this conference call/meeting?
On Fri, Nov 15, 2013 at 9:40 AM, Frank Gmeindl fgmeindl@gmail.com wrote: Kasey,
I would like to encourage WVCC to forget about a 3-foot passing rule and instead concentrate on repealing 17C-11-5 (a) which requires cyclists to ride as far to the right as practicable.
3-foot laws are not enforced and may not be enforceable. 3-feet is not enough when a 55 mph tractor trailer passes a 10 mph cyclist. (See attached Rutgers 3-foot final report.)
Riding far to the right leads to
- Motorists passing bicyclists too closely;
- Motorists intruding into the adjacent lane when there is on-coming traffic;
- Right-turning vehicles crashing into cyclists at intersections and driveways;
- On-coming left-turning vehicles crashing into cyclists;
- Overtaking vehicles crashing into left-turning cyclists;
- Cyclists crashing because of objects, debris; pedestrians; animals and surface hazards that are more prevalent at the right edge of the roadway.
(See attached talking point paper.)
Bicyclists that control the lane are almost always passed by the overtaking motorist making a full lane change, giving between 6 to 8 feet of passing clearance. If you have ridden this way, you know it is true. Why ask/plead/beg for 3 feet when predominant behavior secures more than twice that much passing margin and better passing behavior (lane changes instead of straddle and in-lane passes)?
Three foot passing laws are a bad reaction to the consequences of riding too far right. If you want passing space, solve the problem by eliminating the FTR law instead of applying a patch or "fix" such as a three foot passing law that doesn't address or solve the root cause of close passing.
We should also continue to pursue repeal of 17C-11-5 (c) which requires cyclists to use a side-path when available and not the roadway.
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
On Nov 14, 2013, at 10:48 AM, Kasey Russell wrote:
Thanks everyone for your responses. We will meet at Steve Fowler's office at 901 Quarrier Street, Charleston on Monday, Nov. 18th at 10 am. Steve, looks like there will only be a few in person but we will need a conference phone as a few will call in. For those calling in please use our usual number: 641-715-3620; code is 877115#. Kasey
On Thu, Nov 14, 2013 at 8:20 AM, Kasey Russell russell.kasey@gmail.com wrote: Hello WVCC Members -- We would like to have a Legislative Committee meeting on Monday, Nov. 18th at 10:00 a.m. Would you all be able to attend either in person or via conference call? We will be meeting in Steve Fowler's office in downtown Charleston and will have access to a conference phone. Please let me know. I would expect our meeting to last 1 12/ hours. Thanks, kasey
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
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