Aira,

Please be aware that WV already has a mandatory side path law, 17C-11-5(c) that 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."  (Morgantown code 373.05(c) is identical.)

In the draft WVDOH Bicycle/Pedestrian plan, they propose to change 17C-11-5(c) to read: "Whenever a paved path has been constructed and designated for bicycles adjacent to a roadway, bicycle riders shall us such path and shall not use the roadway."

If you check the spreadsheet, Copy of US+State+FTR-MBL-MSU-MSP+Laws+Rev2.xls that I sent out, you'll see that none of the states surrounding WV, i.e. PA, OH, KY, MD and VA have a mandatory sidepath law and only 11 of the 50 United States have it.

My understanding is that in the early 1900's when bicycling was a prevalent means of transportation, all states adopted a law similar to WV 17C-11-2 that 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 as the driver of a vehicle".  Laws such as 17C-11-5 did not appear until  after World War II when our country became decidedly automobile-centric.  While other states are recognizing that Far to the Right (FTR), Mandatory Bike Lane (MBL), Mandatory Shoulder Use (MSU) and Mandatory Side Path (MSP) laws discriminate against bicyclists and are repealing these discriminatory articles from their laws, the WVDOH proposed 17C-11-5 would make WV the only state in the union to have all 4.  I would like to see the Bicycle Board pursue an initiative to repeal 17C-11-5.

Frank
Cyclists fare best when they act and are treated as drivers of vehicles

On 12/3/2009 9:27 AM, Aira Loren Burkhart wrote:
it's my friend's birthday (this is a year of thursday birthdays), so I will be at the blackbear beforehand. however, I am too concerned about the proposed cyclists-must-ride-in-path-provided proposed wv law to skip today.

aira

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