Bicycle Board Members,
At last week's meeting with Kasey Russell, Bill Austin and Christiaan Abildso, Kasey asked me to think about a legislative agenda for Connecting Communities. (Recall that in her white paper, she gave two examples: 3 foot passing law and a self-imposed tax on biking community.)
Well, I've given it some thought and wrote the attached document. Please read it and tell me what you think. Feel free to mark it up using track changes and comments and return it to me. Also, check
In it, I am recommending 4 legislative changes:
- Repeal 17C-11-5 (a) which requires bicyclists to ride as near to the right side of the roadway as practicable. Or, if not repeal, add exceptions such as when preparing to make a left turn, to avoid hazards such as debris, glass, holes, dogs, etc. and when the road is too narrow for a bicycle and vehicle to travel safely side-by-side within the lane.
- Repeal 17C-11-5 (c) which says, 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.
- Amend 17C-7-3 which addresses overtaking and passing to require motorists to allow 4-feet when passing a bicyclist and to pass at a prudent reduced speed.
- Adopt the 2009 MUTCD.
As you know, I have always resisted messing with legislation because I think most people and perhaps especially legislators hate bicyclists so once they turn their attention on us, we can only but lose out; especially competent bicyclists that operate their bicycles as vehicles. All 50 states have a law that says every person operating 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. Considering the level of bicycle friendliness that WV government has demonstrated, I wouldn't be surprised if WV were the first state to repeal that law or modify it so that we're not allowed on the roads anymore. Nevertheless, there seem to be more and more well-meaning people who are not competent bicyclists promoting new laws and changes to existing laws so I feel compelled to be proactive rather than reactive.
Kasey is a Charleston City Councilor and an experienced lobbyist. I think she's capable of getting something good done for WV bicyclists. She told me that she was 5 years old when she last rode a bike and she's afraid of bicycles. I'm sure she's getting legislation recommendations from all over the state. Since we're one of the few places in WV that has an organized body of bicycling experts, i.e. the BB, our recommendations might get attention.
I look forward to your responses.
Frank D. Gmeindl
Chairman, Morgantown Municipal Bicycle Board
LCI #1703
491 WilsonAvenue
Morgantown, WV 26501
304-376-0446
Cyclists fare best when they act and are treated as drivers of vehicles