New subject: WVU Transportation Week

11 Sep 2012


      I like the New Hampshire version, I agree with Butch that it most likely won't be enforced but would be good to have on the books when a driver does hit a cyclis and then maybe it would be enforced.
-----Original Message-----
 From: "Graber, Stephen" sggraber@hsc.wvu.edu
 Sent 9/10/2012 11:37:28 AM
 To: "Frank Gmeindl" fgmeindl@gmail.com, "bikeboard@bikemorgantown.com" bikeboard@bikemorgantown.com
 Cc: "Eric Henrickson" moxiemeister@hotmail.com
 Subject: Re: [Bikeboard] Fwd: Connecting Communities
I favor repeal of 17C-11-(a) and 17C-11- 5 (c) (Far to the Right and Mandatory Side Path) as both limit cyclists rights to use reasonable roadways safely and completely.  As for 17C-7-3 I favor the amendment in the original document rather than the New Hampshire version.  I doubt the legislature would reject it because they feel 3 ft is enough so we might as well go for 4 ft.   Hard to believe it would be enforced, regardless.
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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 [fgmeindl@gmail.com]
 Sent: Sunday, September 09, 2012 10:29 PM
 To: bikeboard@bikemorgantown.com
 Cc: Eric Henrickson
 Subject: [Bikeboard] Fwd: Connecting Communities
Bicycle Board Members,
Thanks to Chet and Traci for responding to my message below.
Nobody said anything about the proposal to add a 4-foot passing law and I've been giving it some more thought.  The main reason I proposed a 4-foot law is that PA recently passed one and 4-feet seemed to be better than 3-feet which most states have.  Then, I wondered if since most states have a 3-foot law and only PA has a 4-foot law, would the legislature reject the 4-foot law but maybe look more favorably on a 3-foot law.  In my opinion, practically speaking, a fixed distance for passing doesn't make much sense.  Wouldn't you want a vehicle that's traveling 65 mph faster than you to give you a little more space than a vehicle traveling 10 mph faster than you?  So, instead or a 4-foot law, I would like to propose a law such as New Hampshire's that says, "... at least 3 feet when the vehicle is traveling at 30 miles per hour or less, with one additional foot of clearance required for every 10 miles per hour above 30 miles per hour".
What do you think?
Frank
Begin forwarded message:
From: Frank Gmeindl frank.gmeindl@comcast.net
Date: September 4, 2012 1:00:49 PM EDT
To: bikeboard@bikemorgantown.com
Subject: Fwd: Connecting Communities
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.
If you're interested, http://bikemorgantown.com/bikelaw.php has links to relevant law.
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
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