Good luck Frank- especially regarding convincing them about how wrong/ignorant they are with respect to parts a and c in 17C-11-5. Lt. Willliams comments also show the difficulty with "not less than" vs "more than" even though it amounts to the same thing. Most observing officers should be well enough trained and qualified to make a judgement whether the passing distance was more or less than 4 ft with sufficient accuracy to satisfy a judge or jury if it came to that. And I guess they just don't get it- if there isn't four feet of clearance to pass the bicycle without crossing the double yellow line then strictly speaking it just isn't safe/legal to do so. Oh, but I forget, a motorist is allowed to pass a bicycle whenever they want because the bicycles are delaying them :)

Sheesh, will the police ever be on our side?!

-------------------------------------------

Stephen G. Graber

Biochem & Mol Pharmacology

PO Box 9142, HSN-3122

West Virginia University

Morgantown, WV 26506-9142

phone: 304-293-2305

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________________________________ From: bikeboard-bounces@bikemorgantown.com [bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl [frank.gmeindl@comcast.net] Sent: Monday, March 18, 2013 3:22 PM To: Bike Board Subject: [Bikeboard] Fwd: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Begin forwarded message:

From: Frank Gmeindl <frank.gmeindl@comcast.netmailto:frank.gmeindl@comcast.net> Date: March 18, 2013 3:22:36 PM EDT To: Kasey Russell <russell.kasey@gmail.commailto:russell.kasey@gmail.com> Subject: Re: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Thanks, Kasey.

Frank

On Mar 18, 2013, at 3:15 PM, Kasey Russell wrote:

Just the bill. I have city council tonight and will bring the package. Another great idea :)!

On Mon, Mar 18, 2013 at 3:06 PM, Frank Gmeindl <frank.gmeindl@comcast.netmailto:frank.gmeindl@comcast.net> wrote: Did they read the rationales provided in WV Connecting Communities Legislative Agenda: Proposed Bicycle Legislation Changes or just the draft bill?

On Mar 18, 2013, at 2:46 PM, Kasey Russell wrote:

Thoughts? Thanks, kasey

---------- Forwarded message ---------- From: Webster, Brent <brent.webster@charlestonwvpolice.orgmailto:brent.webster@charlestonwvpolice.org> Date: Mon, Mar 18, 2013 at 10:54 AM Subject: FW: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc To: "Russell, Kasey" <russell.kasey@gmail.commailto:russell.kasey@gmail.com>

Kasey, Please review Lt. Williams’ response and opinion. I agree with him. Pay particular attention to his thoughts in yellow. I never thought about that when I first read the strike throughs. Thanks

Brent L .Webster Chief of Police City of Charleston (304) 348-6460tel:%28304%29%20348-6460

From: Williams, Shawn Sent: Monday, March 18, 2013 10:47 AM To: Webster, Brent Subject: RE: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

My only concern is someone like ***** who expects us to measure 4 feet or less on all vehicles passing a bicyclist. Also, if you take Washington Street for example, at four feet you will be forced to cross the double yellow line in the opposing lane. I think the words safe and reasonable are better than an actual distance.

Under 17C-11-5, taking the “a” and “c” out, undercut safety for cyclist in my opinion.

Shawn

From: Webster, Brent Sent: Monday, March 18, 2013 10:36 To: Williams, Shawn Subject: FW: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Do you have any thoughts on this? She wants an honest opinion so don’t hold back. Thanks

Brent L .Webster Chief of Police City of Charleston (304) 348-6460tel:%28304%29%20348-6460

From: Kasey [mailto:russell.kasey@gmail.com] Sent: Sunday, March 17, 2013 3:22 PM To: Webster, Brent Subject: Fwd: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Chief Webster, would you be able to offer me your opinion on a proposed state law requiring motorists to pass cyclists at a four foot distance. My new nonprofit is behind this legislation. We would be willing to drop the four to three. I would love to hear your perspective. Thanks, kasey

Sent from my iPhone

Begin forwarded message: From: "Gary Zuckett" <garyz@wvcag.orgmailto:garyz@wvcag.org> Date: March 15, 2013, 6:32:01 PM EDT To: "Kasey Russell" <russell.kasey@gmail.commailto:russell.kasey@gmail.com> Subject: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Kasey,

Here is the draft 2 of the bill. Can you look it over too?

Thanks

G

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