Agree with Butch, this is a big step in the right direction. Great work- let us know what we can do to support its passage!

Emily

On Sun, Mar 17, 2013 at 8:32 PM, Frank Gmeindl frank.gmeindl@comcast.netwrote:

Butch,

Thanks for the prompt response. I agree that "more than..." would be simpler and clearer than "not less than..." but "not less than..." is what we recommended and the language that we recommended is exactly the same as the PA language which sets a precedent.

Kasey called me today and left a voicemail asking for a prompt review response so I would appreciate BB members responding with comments ASAP.

Frank

On Mar 17, 2013, at 9:02 AM, Graber, Stephen wrote:

This will be a big step forward if enacted. In line 10 I think the wording "more than four feet" is simpler and clearer than "not less than four feet" but either way the meaning is unambiguous so not worht obsessing over.

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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 [ frank.gmeindl@comcast.net] *Sent:* Saturday, March 16, 2013 8:12 PM *To:* Bike Board *Subject:* [Bikeboard] Fwd: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Attached is the draft bill resulting from the legislative agenda that the BB recommended to West Virginia Connecting Communities.

Any comments?

The attached draft bill does not include our recommendation for the state to adopt the 2009 MUTCD. That will be addressed in a separate bill.

Please give me your comments ASAP as I would like to respond to Kasey no later than Tuesday.

Frank

Begin forwarded message:

*From: *Kasey russell.kasey@gmail.com *Date: *March 15, 2013 7:20:45 PM EDT *To: *Frank Gmeindl frank.gmeindl@comcast.net, Steve Fowler < SMF@pffwv.com> *Subject: **Fwd: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc*

Frank and Steve, please review this legislation. We finally got something! Kasey

Sent from my iPhone

Begin forwarded message:

*From:* "Gary Zuckett" garyz@wvcag.org *Date:* March 15, 2013, 6:32:01 PM EDT *To:* "Kasey Russell" 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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You might have trouble because I think that law doesn't exist! Searched [1] for keywords like "center" "double yellow" "passing" "overtaking"...and found.

*§17C-7-5. Same -- Limitations on overtaking on the left; penalty.* (a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.

*§17C-7-1. Driving on right side of roadway; exceptions; penalty.* (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

...

(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

*§17C-7-3. Overtaking and passing vehicle proceeding in same direction -- Passing on the left generally; penalty.* (a) ...

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and 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.

[1] http://www.legis.state.wv.us/WVCODE/code.cfm?chap=17c&art=1

On Mon, Mar 18, 2013 at 1:43 PM, Frank Gmeindl frank.gmeindl@comcast.netwrote:

Thanks to Butch, Don, Chip and Emily for responding. I called Kasey and said that based on review by me and a few BB members, the bill looks acceptable and that it's OK for her to proceed.

Emily, I am probably the last person on the BB that would know how to get a bill passed. I don't know what the WVCC plans to do to get it passed. Kasey is a professional lobbyist as well as a Charleston City Council member-at-large so if I learn anything from her, I'll pass it along. I would imagine it would be good for some people who are knowledgeable of cycling and the law and who know how to converse with legislators to get in touch with them and educate them. I don't count myself as such a person. I can't even find the WV code that prohibits a driver from crossing the double yellow line!

Frank

On Mar 18, 2013, at 9:27 AM, Emily Vasile wrote:

Agree with Butch, this is a big step in the right direction. Great work- let us know what we can do to support its passage!

Emily

On Sun, Mar 17, 2013 at 8:32 PM, Frank Gmeindl frank.gmeindl@comcast.netwrote:

...

Butch,

Thanks for the prompt response. I agree that "more than..." would be simpler and clearer than "not less than..." but "not less than..." is what we recommended and the language that we recommended is exactly the same as the PA language which sets a precedent.

Kasey called me today and left a voicemail asking for a prompt review response so I would appreciate BB members responding with comments ASAP.

Frank

On Mar 17, 2013, at 9:02 AM, Graber, Stephen wrote:

This will be a big step forward if enacted. In line 10 I think the wording "more than four feet" is simpler and clearer than "not less than four feet" but either way the meaning is unambiguous so not worht obsessing over.

---

Stephen G. Graber Biochem & Mol Pharmacology PO Box 9142, HSN-3122 West Virginia University Morgantown, WV 26506-9142 phone: 304-293-2305

------ _0 ------ _ <,_ ---- (*)/ (*)

---

*From:* bikeboard-bounces@bikemorgantown.com [ bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl [ frank.gmeindl@comcast.net] *Sent:* Saturday, March 16, 2013 8:12 PM *To:* Bike Board *Subject:* [Bikeboard] Fwd: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Attached is the draft bill resulting from the legislative agenda that the BB recommended to West Virginia Connecting Communities.

Any comments?

The attached draft bill does not include our recommendation for the state to adopt the 2009 MUTCD. That will be addressed in a separate bill.

Please give me your comments ASAP as I would like to respond to Kasey no later than Tuesday.

Frank

Begin forwarded message:

*From: *Kasey russell.kasey@gmail.com *Date: *March 15, 2013 7:20:45 PM EDT *To: *Frank Gmeindl frank.gmeindl@comcast.net, Steve Fowler < SMF@pffwv.com> *Subject: **Fwd: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc*

Frank and Steve, please review this legislation. We finally got something! Kasey

Sent from my iPhone

Begin forwarded message:

*From:* "Gary Zuckett" garyz@wvcag.org *Date:* March 15, 2013, 6:32:01 PM EDT *To:* "Kasey Russell" 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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