Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote:
Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 /Cyclists fare best when they act and are treated as drivers of vehicles/
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has
Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the same direction.
- When preparing for a left turn at an intersection or into a private road or driveway.
- When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote:
Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it's not listed on the committee's agenda for February 20th. Aren't we getting close to the end of the session? When we call should we state that we'd like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: 1. When overtaking and passing another bicycle or vehicle proceeding in the same direction. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote: Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
_______________________________________________
Bikeboard mailing list
Bikeboard@bikemorgantown.commailto:Bikeboard@bikemorgantown.com
http://wvcompletestreets.org/mailman/listinfo/bikeboard
_______________________________________________ Bikeboard mailing list Bikeboard@bikemorgantown.commailto:Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "H On 1st reading, Daily Calendar 02/20/14".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee’s amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it’s not listed on the committee’s agenda for February 20th. Aren’t we getting close to the end of the session? When we call should we state that we’d like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the same direction.
- When preparing for a left turn at an intersection or into a private road or driveway.
- When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote: Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Check my 5th paragraph. Third reading and vote probably can't happen until Monday.
On Feb 19, 2014, at 12:59 PM, Frank Gmeindl wrote:
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "H On 1st reading, Daily Calendar 02/20/14".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee’s amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it’s not listed on the committee’s agenda for February 20th. Aren’t we getting close to the end of the session? When we call should we state that we’d like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the same direction.
- When preparing for a left turn at an intersection or into a private road or driveway.
- When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote: Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Please find attached, the amended H.B. 4304 that I received at 4:52 pm today. Just speaking for myself, I have told WVCC that I cannot support the amended bill because it has become a mandatory bike lane bill. It requires bicyclists to ride in bike lanes when they are available. Bike lanes are almost always near the right edge of the road and requiring bicyclists to ride there is what we were trying to eliminate by repealing the 17C-11-5 (a). Bicyclists riding in bike lanes are more prone to right hooks, left crosses, drive outs and doorings. Before sending me the attached amended bill, the WVCC people told me that rather than repealing 17C-11-5 (a), the Judiciary subcommittee amended it by replacing it with Florida's language. Florida does not include mandatory bike lane use.
Frank
On Feb 19, 2014, at 12:59 PM, Frank Gmeindl wrote:
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "H On 1st reading, Daily Calendar 02/20/14".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee’s amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it’s not listed on the committee’s agenda for February 20th. Aren’t we getting close to the end of the session? When we call should we state that we’d like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the same direction.
- When preparing for a left turn at an intersection or into a private road or driveway.
- When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote: Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
So what's all this mean?
Is this the scenario that you were afraid of? How and who did all the rewriting? What are we supposed to tell our delegates and all that to do now?
On Wed, Feb 19, 2014 at 5:22 PM, Frank Gmeindl fgmeindl@gmail.com wrote:
Please find attached, the amended H.B. 4304 that I received at 4:52 pm today. Just speaking for myself, I have told WVCC that I cannot support the amended bill because it has become a mandatory bike lane bill. It requires bicyclists to ride in bike lanes when they are available. Bike lanes are almost always near the right edge of the road and requiring bicyclists to ride there is what we were trying to eliminate by repealing the 17C-11-5 (a). Bicyclists riding in bike lanes are more prone to right hooks, left crosses, drive outs and doorings. Before sending me the attached amended bill, the WVCC people told me that rather than repealing 17C-11-5 (a), the Judiciary subcommittee amended it by replacing it with Florida's language. Florida does not include mandatory bike lane use.
Frank
On Feb 19, 2014, at 12:59 PM, Frank Gmeindl wrote:
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "H On 1st reading, Daily Calendar 02/20/14".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee's amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it's not listed on the committee's agenda for February 20th. Aren't we getting close to the end of the session? When we call should we state that we'd like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has
Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the
same direction. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote:
Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Bikeboard mailing list
Bikeboard@bikemorgantown.com
http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
On Feb 20, 2014, at 10:00 AM, Gunnar Shogren wrote:
So what's all this mean?
That anything can happen when you mess around with legislation.
Is this the scenario that you were afraid of?
Yes.
How and who did all the rewriting?
I don't know. Supposedly the subcommittee members.
What are we supposed to tell our delegates and all that to do now?
Whatever you think is appropriate.
On Wed, Feb 19, 2014 at 5:22 PM, Frank Gmeindl fgmeindl@gmail.com wrote:
Please find attached, the amended H.B. 4304 that I received at 4:52 pm today. Just speaking for myself, I have told WVCC that I cannot support the amended bill because it has become a mandatory bike lane bill. It requires bicyclists to ride in bike lanes when they are available. Bike lanes are almost always near the right edge of the road and requiring bicyclists to ride there is what we were trying to eliminate by repealing the 17C-11-5 (a). Bicyclists riding in bike lanes are more prone to right hooks, left crosses, drive outs and doorings. Before sending me the attached amended bill, the WVCC people told me that rather than repealing 17C-11-5 (a), the Judiciary subcommittee amended it by replacing it with Florida's language. Florida does not include mandatory bike lane use.
Frank
On Feb 19, 2014, at 12:59 PM, Frank Gmeindl wrote:
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "H On 1st reading, Daily Calendar 02/20/14".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee's amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it's not listed on the committee's agenda for February 20th. Aren't we getting close to the end of the session? When we call should we state that we'd like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has
Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the
same direction. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote:
Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Bikeboard mailing list
Bikeboard@bikemorgantown.com
http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
I called Barbara Fleischauer and left a message asking her to remove "shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use" from the bill or to withdraw the bill. I emailed the other judiciary subcommittee members asking the same.
If you called or wrote anyone to encourage them to support the bill, you might want to follow up.
Frank
On Feb 19, 2014, at 5:22 PM, Frank Gmeindl wrote:
Please find attached, the amended H.B. 4304 that I received at 4:52 pm today. Just speaking for myself, I have told WVCC that I cannot support the amended bill because it has become a mandatory bike lane bill. It requires bicyclists to ride in bike lanes when they are available. Bike lanes are almost always near the right edge of the road and requiring bicyclists to ride there is what we were trying to eliminate by repealing the 17C-11-5 (a). Bicyclists riding in bike lanes are more prone to right hooks, left crosses, drive outs and doorings. Before sending me the attached amended bill, the WVCC people told me that rather than repealing 17C-11-5 (a), the Judiciary subcommittee amended it by replacing it with Florida's language. Florida does not include mandatory bike lane use.
Frank
<Bike bill Comm Sub 4304.docx>
On Feb 19, 2014, at 12:59 PM, Frank Gmeindl wrote:
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "H On 1st reading, Daily Calendar 02/20/14".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee’s amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it’s not listed on the committee’s agenda for February 20th. Aren’t we getting close to the end of the session? When we call should we state that we’d like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the same direction.
- When preparing for a left turn at an intersection or into a private road or driveway.
- When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote: Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Frank, Does it meet most of what you were hoping for, with the exception of the bike lanes? And is it any part of it moving backward in terms of progress for our safety? If most of it is consistent with our goals, can we recommend changes? I understand your frustration, and I was pretty disappointed last night. However, could we look at it more in terms of it meeting most of our goals? And will we have the opportunity to change it in future sessions, even if it's a year or two out? I am new to the process bills go through, so just want to know what our options are.
Thanks for letting us know. ~Derek
On Wed, Feb 19, 2014 at 5:22 PM, Frank Gmeindl fgmeindl@gmail.com wrote:
Please find attached, the amended H.B. 4304 that I received at 4:52 pm today. Just speaking for myself, I have told WVCC that I cannot support the amended bill because it has become a mandatory bike lane bill. It requires bicyclists to ride in bike lanes when they are available. Bike lanes are almost always near the right edge of the road and requiring bicyclists to ride there is what we were trying to eliminate by repealing the 17C-11-5 (a). Bicyclists riding in bike lanes are more prone to right hooks, left crosses, drive outs and doorings. Before sending me the attached amended bill, the WVCC people told me that rather than repealing 17C-11-5 (a), the Judiciary subcommittee amended it by replacing it with Florida's language. Florida does not include mandatory bike lane use.
Frank
On Feb 19, 2014, at 12:59 PM, Frank Gmeindl wrote:
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "*H On 1st reading, Daily Calendar 02/20/14*".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee's amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it's not listed on the committee's agenda for February 20th. Aren't we getting close to the end of the session? When we call should we state that we'd like to see it be voted on this session?
Traci
*From:* bikeboard-bounces@bikemorgantown.com [mailto: bikeboard-bounces@bikemorgantown.com] *On Behalf Of *Frank Gmeindl *Sent:* Tuesday, February 18, 2014 9:31 PM *To:* Jonathan Rosenbaum *Cc:* Bicycle Board *Subject:* Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has
Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in
the same direction. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote:
Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 *Cyclists fare best when they act and are treated as drivers of vehicles*
Bikeboard mailing list
Bikeboard@bikemorgantown.com
http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Bikeboard mailing list Bikeboard@bikemorgantown.com http://wvcompletestreets.org/mailman/listinfo/bikeboard
Derek,
Personally, I only wanted repeal of 17C-11-5 (a) which requires cyclists to ride as far to the right as practicable and repeal of 17C-11-5 (c) which requires bicyclists to use a sidepath when available and not use the road. Instead of repealing FTR, they replaced it with a requirement to ride in bike lanes or if a bike lane is not present, requirement to ride FTR but they added exceptions. The exceptions are an improvement of the current law. I can't think of any circumstances under which at least one of the exceptions doesn't apply, so technically, one could always argue that not riding in the bike lane or not riding FTR is justified. The problem is, how will law enforcement officers, traffic court judges and motorists learn all that and interpret it. People can't obey the current laws. How can we expect them to understand and obey such a complex law?
Anything can happen to the bill as it goes through the 2nd and 3rd readings in the House and then in the Senate. With the level of bicycling knowledge and experience that those in Charleston have, I don't expect improvement as it continues on. I don't know about future years. http://www.legis.state.wv.us/Educational/Bill_Becomes_Law/Bill_Becomes_Law.c... explains the process.
Frank
On Feb 20, 2014, at 10:03 AM, Derek Springston wrote:
Frank, Does it meet most of what you were hoping for, with the exception of the bike lanes? And is it any part of it moving backward in terms of progress for our safety? If most of it is consistent with our goals, can we recommend changes? I understand your frustration, and I was pretty disappointed last night. However, could we look at it more in terms of it meeting most of our goals? And will we have the opportunity to change it in future sessions, even if it's a year or two out? I am new to the process bills go through, so just want to know what our options are.
Thanks for letting us know. ~Derek
On Wed, Feb 19, 2014 at 5:22 PM, Frank Gmeindl fgmeindl@gmail.com wrote: Please find attached, the amended H.B. 4304 that I received at 4:52 pm today. Just speaking for myself, I have told WVCC that I cannot support the amended bill because it has become a mandatory bike lane bill. It requires bicyclists to ride in bike lanes when they are available. Bike lanes are almost always near the right edge of the road and requiring bicyclists to ride there is what we were trying to eliminate by repealing the 17C-11-5 (a). Bicyclists riding in bike lanes are more prone to right hooks, left crosses, drive outs and doorings. Before sending me the attached amended bill, the WVCC people told me that rather than repealing 17C-11-5 (a), the Judiciary subcommittee amended it by replacing it with Florida's language. Florida does not include mandatory bike lane use.
Frank
On Feb 19, 2014, at 12:59 PM, Frank Gmeindl wrote:
Traci,
Sorry to take so long to reply. To answer your questions, I had to consult Kasey Russell, WVCC Executive Director and lobbyist. She explained to me that Sen. Bob Beach introduced SB 608 to the Senate as a fall back in case HB 4304 didn't make it out of the House Judiciary Committee. HB 4304 did make it out of Judiciary so SB 608 is dormant.
We should be contacting House delegates and encouraging them to support HB 4304. I haven't done this yet because I still don't have the amended bill and do not know EXACTLY what it says. Kasey doesn't have it either but she's trying to get it and will send it to me. I called Barbara Fleischauer to get a copy but could only leave a voice message.
Kasey said HB 4304 was supposed to have its first reading today but http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?year=2014&ses... says, "H On 1st reading, Daily Calendar 02/20/14".
Under the State Constitution, a bill is to be read three times. The first reading of the bill is the information stage and alerts membership that the bill will be considered. On second reading, members vote on the committee’s amendment(s) and the amendment(s) individual legislators have proposed to the bill. The vote on passage of the bill takes place on third reading.
I suppose the bill could have its first reading by the house tomorrow; second reading Thursday and third reading and vote on Friday.
Kasey said the deadline for bills to crossover from the House to the Senate is next Tuesday, 2/25. I believe the last day of the session is March 8. Much can happen to the bill in that time.
As soon as I get the amended bill, I'll send it out to the BB and others that I've asked to contact their delegates.
Frank
On Feb 19, 2014, at 9:52 AM, Traci Knabenshue wrote:
So do you recommend that we call all the legislators on this committee in support of the bill?
http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=tra...
Also, I see it’s not listed on the committee’s agenda for February 20th. Aren’t we getting close to the end of the session? When we call should we state that we’d like to see it be voted on this session?
Traci
From: bikeboard-bounces@bikemorgantown.com [mailto:bikeboard-bounces@bikemorgantown.com] On Behalf Of Frank Gmeindl Sent: Tuesday, February 18, 2014 9:31 PM To: Jonathan Rosenbaum Cc: Bicycle Board Subject: Re: [Bikeboard] H.B. 4304
I've been told that the bill was amended in the house judiciary subcommittee before it was moved to Judiciary. The bill at the link that you provided is the bill before amendment. I've been told that instead of repealing 17C-11-5 (a) that requires bicyclists to ride as far to the right as practicable, the subcommittee retained the requirement but added a set of exceptions. I've been told that the subcommittee used language that Florida uses. Here's what Florida has Florida 316.2065 Bicycle regulations. (5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
- When overtaking and passing another bicycle or vehicle proceeding in the same direction.
- When preparing for a left turn at an intersection or into a private road or driveway.
- When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
I have not been able to get the amended bill. If you get it, I'd appreciate your sending it to me or telling me how I can get it.
Frank
On Feb 18, 2014, at 8:43 PM, Jonathan Rosenbaum wrote:
Don Spencer told me this evening that the bill is out of Judiciary, and I observe an identical bill, SB 608 (Beach is the lead sponsor), is now in the Senate Transportation and Infrastructure Committee:
http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=608&yea...
-Jonathan
On 01/31/2014 03:21 PM, Frank Gmeindl wrote: Dear Judiciary Subcommittee Delegates,
I understand that an exemption from H.B. 4304 has been requested for the Coalfields Expressway roads. Are the Coalfields Expressway roads exempt from the current 17C-7-3? If not, there's no reason to exempt them from the proposed amended 17C-7-3. They both require a vehicle to "...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". How do coal trucks pass farm tractors, school buses, highway maintenance equipment and other slow moving vehicles on the Coalfields Expressway Roads? Just run them over?
Frank D. Gmeindl LCI #1703 491 Wilson Avenue Morgantown, WV 26501 304-376-0446 Cyclists fare best when they act and are treated as drivers of vehicles
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Frank Gmeindl -
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Traci Knabenshue