Tuesday, July 25, 2017
Loudoun Police Warning Motorists NOT to Yield to Bicyclists - Update
VDOT and NOVA Parks recently installed a warning device at the W&OD Trail crossing of Sterling Blvd in Loudoun County to encourage motorists to yield to trail users. Today (Tuesday, July 25) Loudoun Sheriff's officers were issuing warnings to motorists who stopped for trail users at the crosswalk. Officers said they would be issuing citations soon.According to a May 2017 news release from the Sterling District Supervisor, the Loudoun County Board of Supervisors supported making this intersection safer for trail users: "The improvements currently being installed by NOVA Parks include the installation of a trail user activated rectangular rapid flashing beacon (RRFB) warning signal to alert motorists of an active crosswalk ahead."
 |
| W&OD Trail at Sterling Blvd Before modifications including RRFB |
It's crazy that Loudoun police plan to ticket motorists for yielding to trail users. VA law, 46.2-924 states that "The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway: 1. At any clearly marked crosswalk, whether at mid-block or at the end of any block;” This should be very clear. The law goes on to state that motorists also yield "3. At any intersection when the driver is approaching on a highway or street where the legal maximum speed does not exceed 35 miles per hour.” The later item does not refer to a crosswalk, but to an intersection. Over time this law has been misinterpreted by some to mean that unless the speed limit is 35mph or less, motorists aren't required to yield to users of a crosswalk.
We are consulting with local transportation and legal staff regarding their interpretation of VA law and what they think about Loudoun Sheriff's officers behavior. Loudoun Sheriff's department does not have a good reputation when it comes to enforcing the law as it applies to bicyclists. In 2009 they ticketed MS 150 riders for not coming to a complete stop at STOP signs. In 2012 they ticketed Reston Century riders for not putting a foot down when stopping at a STOP sign.
Update 28 July 2017: Today we spoke with Captain Hines, chief of the Eastern Loudoun Station, about the enforcement effort at this intersection. Captain Hines said officers were warning bicyclists to stop at the STOP signs at the crosswalk before entering and encouraged them to press the RRFB button before crossing. No tickets were issued.
Capt. Hines said that some motorists were stopping in anticipation of bicyclists crossing. The bicyclists were approaching the intersection and had not yet stopped or pushed the RRFB button. We disagreed about whether this was illegal or not. It's possible that the motorists could be cited for stopping on a highway (46.2-888): "No person shall stop a vehicle in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency, an accident, or a mechanical breakdown."
From the police perspective, they are concerned that motorists who stop prematurely could be struck from behind. Or that when one motorist stops prematurely and a bicyclist continues into the crosswalk without stopping first, the cyclists could be struck by a second motorist who is not aware that a bicyclist is approaching. This is a legitimate concern and several cyclists have been struck in this situation.
One way to address this concern is to do what other states have done, require motorists to stop at a crosswalk if the motorist in the adjacent lane has also stopped. In 2014 FABB worked with Del. Kaye Kory to get such a law passed, Reckless driving; passing other vehicles at intersections. (HB320). We may give it another try next year.
We appreciate Capt. Hines taking the time to discuss this issue with us and look forward to working with his office to help educate motorists and bicyclists about safety issues.
Update 28 July 2017: Today we spoke with Captain Hines, chief of the Eastern Loudoun Station, about the enforcement effort at this intersection. Captain Hines said officers were warning bicyclists to stop at the STOP signs at the crosswalk before entering and encouraged them to press the RRFB button before crossing. No tickets were issued.
Capt. Hines said that some motorists were stopping in anticipation of bicyclists crossing. The bicyclists were approaching the intersection and had not yet stopped or pushed the RRFB button. We disagreed about whether this was illegal or not. It's possible that the motorists could be cited for stopping on a highway (46.2-888): "No person shall stop a vehicle in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency, an accident, or a mechanical breakdown."
From the police perspective, they are concerned that motorists who stop prematurely could be struck from behind. Or that when one motorist stops prematurely and a bicyclist continues into the crosswalk without stopping first, the cyclists could be struck by a second motorist who is not aware that a bicyclist is approaching. This is a legitimate concern and several cyclists have been struck in this situation.
One way to address this concern is to do what other states have done, require motorists to stop at a crosswalk if the motorist in the adjacent lane has also stopped. In 2014 FABB worked with Del. Kaye Kory to get such a law passed, Reckless driving; passing other vehicles at intersections. (HB320). We may give it another try next year.
We appreciate Capt. Hines taking the time to discuss this issue with us and look forward to working with his office to help educate motorists and bicyclists about safety issues.
Labels: captain hines, eastern loudoun station, loudoun county, loudoun sheriff department, sterling boulevard
