Monday, February 7, 2011
Three feet passing bill (SB 928) passes Senate
The Senate version of the three feet to pass bill, SB 928, was approved by the Senate today in a unanimous vote, 40-0. Now it goes back to the House, where the House version was defeated in committee by a vote of 4-3. Newport News Delegate Oder, who voted against the House version, has indicated that he would support the Senate version after discussing the bill with VBF and others. No need to contact Delegate Oder; he has heard from cyclists.Update: We were premature in stating that the Senate passed SB 928 yesterday. It did pass the full Senate today.
Labels: delegate oder, sb928, three feet to pass
Thursday, February 3, 2011
Three feet passing bill (SB 928) passes Senate Trans Comm
According to folks at Virginia Bicycling Federation, the Senate version of the three feet to pass bill, SB 928, passed the Senate Transportation Committee by a unanimous vote this afternoon. It will now move to the full Senate. If passed it will then be sent back to the House Transportation Committee where we've heard there's a chance it could pass. Check the VBF site for action alerts.Labels: sb928, virginia bicycling federation
Tuesday, January 18, 2011
Three feet passing bill in House Trans Comm tomorrow
The bill to require motorists to allow three feet when passing cyclists will be heard in the Virginia House Transportation Committee tomorrow morning. From the BikeCharlottesville Facebook page:The House of Delegates Transportation Subcommittee #2 will be reviewing Delegate David Toscano's HB 1683 (3 ft passing) on Wednesday, January 19th beginning at 7am. Approximate duration: 1.5 hours. [The Senate Transportation Committee is also reviewing the identical bill (SB 928). No info yet on when that committee will meet.]
The more cyclists that come to the hearing to stand in support of the bill and, if inclined, offer their testimony, the greater our chances of positively influencing their deliberation. Bring your helmet for strong visual identification. Be mindful, there's no clapping or noise allowed from the audience.
We've heard that several cyclists from around the state are planning to attend the meeting. Here is a list of co-sponsors of HB 1683. Virginia Bicycling Federation put together talking points on the two bills:The more cyclists that come to the hearing to stand in support of the bill and, if inclined, offer their testimony, the greater our chances of positively influencing their deliberation. Bring your helmet for strong visual identification. Be mindful, there's no clapping or noise allowed from the audience.
TALKING POINTS - SB 928 & HB 1683
This bill is an effort to help educate Motor Vehicle drivers to pass bicyclists with a wider margin of error and thereby reduce the number of fatalities and serious injuries to cyclists. Current code says Pass by Two Feet, but it doesn't seem to be enough.
11 cyclists were fatally struck by Motor Vehicles in 2009 in Virginia, most of whom were hit from behind. Several were high profile cases: Daniel Hersh in VA Beach, Kevin Flock in Dinwiddie county, Dr. Joe Miranda from Lynchburg, all of whom were hit from behind. 11 were also fatally struck in 2010, but we do not yet have the details on their accidents.
Drivers involved in such cases often state that the cyclist swerved into them as they were passing the cyclist.
Vehicles pulling boats, horse trailers, and trailers with lawn care equipment tend to have extended mirrors on the passenger side which extend further than the driver realizes.
Neither drivers, cyclists, or law enforcement carry measuring devices to know exactly how closely one vehicle is passing another, but 3 feet seems to be a recognizable educational tool to give the drivers the message to give the cyclists a wider berth.
18 states, plus the District of Columbia, have now adopted 3 feet in their codes:
Arizona
Arkansas
Colorado
Connecticut
Florida
Illinois
Kentucky
Louisiana
Maine
Maryland
Minnesota
Mississippi
New Hampshire
New Mexico
Oklahoma
Tennessee
Utah
Wisconsin
and the League of American Bicyclists has adopted this standard as one of the criteria for designating a state or city as “Bicycling Friendly”, which VDOT has unsuccessfully applied for in recent years. Passage of this bill will help the state's application for this designation, which will help attract more cycling tourists, and the City of Virginia Beach has requested that this bill be passed in their 2011 Requested Code of Virginia Changes.
While two feet also leaves little room for error between two motor vehicles, motor vehicle drivers tend to give other motor vehicles a wider berth, particularly at higher speeds, and low speed maneuvering, such as in parking lots, often has vehicles as close as two feet. The driver and passengers in the motor vehicle are protected by the body of the vehicle, so passing by 24 inches seems to work well for motor vehicles.
On the other hand, the bicyclist has no protection, resulting in small miscalculations or errors having catastrophic consequences for the bicyclist. The wind blast from a truck passing a cyclist by two feet at high speed is far more problematic for a cyclist than it would be for a motor vehicle. The catastrophic results of a collision suggests that a greater passing distance be required when a motor vehicle passes a bicyclist.
Commonly Heard Objections to Such a Bill
It's unnecessary. How many cyclists have been killed or injured while being passed by 24"?
None, but 36" sends the message to give the cyclist a wider berth, more elbow room, in case the motorist misjudges, or the cyclist wobbles. A number of cyclists who have been hit while being passed have been hit by the rear view mirror on the passenger side of the vehicle, particularly the extended mirrors often hung on the passenger side of pickup trucks when pulling trailers or boats.
It's unenforceable. How can law enforcement, or the motorist, tell how many inches they are passing the cyclist by?
They can't, but again, 36" sends the message to the driver to give the cyclist a little wider berth when passing them. Most motorists are very good about this, but some persist in cutting it too close.
Many roads are not wide enough for the motorist to pass the cyclist without crossing the double yellow line in order to do so.
I drive on a street every day where motorists cross the double yellow line in order to pass pedestrians walking on the edge of the pavement (there are no shoulders or sidewalks), cyclists, the mail vehicle making deliveries to the mail boxes, and trash trucks picking up trash or recycling---- All if the coast is clear. If some one is approaching, they do not pass, until the coast is clear.
A lot of discussion last year that this is an educational problem, and DMV was asked to see if they could help. We met with DMV, who were very cordial, and we learned that the motorist taking the driver's exam will have one question out of 20 (rarely a 2nd one, since the questions are selected randomly from a pool of about 200 questions) pertaining to bicycles on the road. In addition there is a small mention of bicycles on the road in the Driver's Manual publication. Neither of these make a significant educational impact on the motorist, in my opinion, and the 36" passing law would be another item to drive home the message to give the cyclist a wider berth when passing them so as to pass them safely before pulling in.
This bill is an effort to help educate Motor Vehicle drivers to pass bicyclists with a wider margin of error and thereby reduce the number of fatalities and serious injuries to cyclists. Current code says Pass by Two Feet, but it doesn't seem to be enough.
11 cyclists were fatally struck by Motor Vehicles in 2009 in Virginia, most of whom were hit from behind. Several were high profile cases: Daniel Hersh in VA Beach, Kevin Flock in Dinwiddie county, Dr. Joe Miranda from Lynchburg, all of whom were hit from behind. 11 were also fatally struck in 2010, but we do not yet have the details on their accidents.
Drivers involved in such cases often state that the cyclist swerved into them as they were passing the cyclist.
Vehicles pulling boats, horse trailers, and trailers with lawn care equipment tend to have extended mirrors on the passenger side which extend further than the driver realizes.
Neither drivers, cyclists, or law enforcement carry measuring devices to know exactly how closely one vehicle is passing another, but 3 feet seems to be a recognizable educational tool to give the drivers the message to give the cyclists a wider berth.
18 states, plus the District of Columbia, have now adopted 3 feet in their codes:
Arizona
Arkansas
Colorado
Connecticut
Florida
Illinois
Kentucky
Louisiana
Maine
Maryland
Minnesota
Mississippi
New Hampshire
New Mexico
Oklahoma
Tennessee
Utah
Wisconsin
and the League of American Bicyclists has adopted this standard as one of the criteria for designating a state or city as “Bicycling Friendly”, which VDOT has unsuccessfully applied for in recent years. Passage of this bill will help the state's application for this designation, which will help attract more cycling tourists, and the City of Virginia Beach has requested that this bill be passed in their 2011 Requested Code of Virginia Changes.
While two feet also leaves little room for error between two motor vehicles, motor vehicle drivers tend to give other motor vehicles a wider berth, particularly at higher speeds, and low speed maneuvering, such as in parking lots, often has vehicles as close as two feet. The driver and passengers in the motor vehicle are protected by the body of the vehicle, so passing by 24 inches seems to work well for motor vehicles.
On the other hand, the bicyclist has no protection, resulting in small miscalculations or errors having catastrophic consequences for the bicyclist. The wind blast from a truck passing a cyclist by two feet at high speed is far more problematic for a cyclist than it would be for a motor vehicle. The catastrophic results of a collision suggests that a greater passing distance be required when a motor vehicle passes a bicyclist.
Commonly Heard Objections to Such a Bill
It's unnecessary. How many cyclists have been killed or injured while being passed by 24"?
None, but 36" sends the message to give the cyclist a wider berth, more elbow room, in case the motorist misjudges, or the cyclist wobbles. A number of cyclists who have been hit while being passed have been hit by the rear view mirror on the passenger side of the vehicle, particularly the extended mirrors often hung on the passenger side of pickup trucks when pulling trailers or boats.
It's unenforceable. How can law enforcement, or the motorist, tell how many inches they are passing the cyclist by?
They can't, but again, 36" sends the message to the driver to give the cyclist a little wider berth when passing them. Most motorists are very good about this, but some persist in cutting it too close.
Many roads are not wide enough for the motorist to pass the cyclist without crossing the double yellow line in order to do so.
I drive on a street every day where motorists cross the double yellow line in order to pass pedestrians walking on the edge of the pavement (there are no shoulders or sidewalks), cyclists, the mail vehicle making deliveries to the mail boxes, and trash trucks picking up trash or recycling---- All if the coast is clear. If some one is approaching, they do not pass, until the coast is clear.
A lot of discussion last year that this is an educational problem, and DMV was asked to see if they could help. We met with DMV, who were very cordial, and we learned that the motorist taking the driver's exam will have one question out of 20 (rarely a 2nd one, since the questions are selected randomly from a pool of about 200 questions) pertaining to bicycles on the road. In addition there is a small mention of bicycles on the road in the Driver's Manual publication. Neither of these make a significant educational impact on the motorist, in my opinion, and the 36" passing law would be another item to drive home the message to give the cyclist a wider berth when passing them so as to pass them safely before pulling in.
Wednesday, January 12, 2011
Virginia bicycle-related legislation
Several bills have been filed in Richmond that affect cyclists: Requiring motorists to allow three feet when passing a bicyclist, allowing bicyclists to pass through a red light after a specified period of time, and creating a new infraction, reckless operation of a bicycle, with lower penalties than the current reckless driving law. As we learn more about these bills we will publish it here. During the legislative session, which begins today, Virginia Bicycling Federation tracks bike-related bills on their site.Three feet passing bills:
HOUSE BILL NO. 1683 (SB1683)—A BILL to amend and reenact §§ 46.2-816, 46.2-838, and 46.2-839 of the Code of Virginia, relating to following too close and passing other vehicles. Patron: Delegate David Toscano (D-Charlottesville).
The bill involves three existing sections of VA code:
§ 46.2-816. Following too closely.
The driver of a motor vehicle shall not follow another motor vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.
§ 46.2-838. Passing when overtaking a vehicle.
The driver of any motor vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.
§ 46.2-839. Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.
Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle proceeding in the same direction shall pass at a reasonable speed at leasttwo three feet to the left of the overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle and shall not again proceed to the right side of the highway until safely clear of such overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.
The Senate version of this bill is SENATE BILL NO. 928 (SB928). It contains identical wording as HB1683. Patron: Senator McDougle (R-Hanover).The driver of a motor vehicle shall not follow another
§ 46.2-838. Passing when overtaking a vehicle.
The driver of any motor vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.
§ 46.2-839. Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.
Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle proceeding in the same direction shall pass at a reasonable speed at least
Proceeding through a red light:
HOUSE BILL NO. 1981 (HB1982)- A BILL to amend and reenact § 46.2-833 of the Code of Virginia, relating to traffic lights. Patron: Delegate Tag Greason (R-Potomac Falls)
B. Notwithstanding any other provision of law, if a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider (i) comes to a full and complete stop at the intersection for two complete cycles of the traffic light, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control device as a stop sign, and (iv) determines that it is safe to proceed.
A similar bill modifies the above so that a bicyclist can proceed through the light if after they have waited for 120 seconds:HOUSE BILL NO. 1991 - A BILL to amend and reenact § 46.2-833 of the Code of Virginia, relating to traffic lights. Patron: Delegate William Janis (R-Glen Allen)
B. Notwithstanding any other provision of law, if a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider (i) comes to a full and complete stop at the intersection for 120 seconds, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control devices as a stop sign, and (iv) determines that it is safe to proceed.
Reckless operation of a bicycle:SENATE BILL NO. 905 - A BILL to amend the Code of Virginia by adding in Article 12 of Chapter 8 of Title 46.2 a section numbered 46.2-908.1:1, relating to reckless operation of a bicycle. Patron: Senator Creigh Deeds (D-Bath)
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 12 of Chapter 8 of Title 46.2 a section numbered 46.2-908.1:1 as follows:
§ 46.2-908.1:1. Reckless operation of a bicycle.
Any person who operates a bicycle in willful or wanton disregard of the safety of persons or property shall be guilty of reckless cycling. No demerit points shall be awarded by the Commissioner for violations of this section.
1. That the Code of Virginia is amended by adding in Article 12 of Chapter 8 of Title 46.2 a section numbered 46.2-908.1:1 as follows:
§ 46.2-908.1:1. Reckless operation of a bicycle.
Any person who operates a bicycle in willful or wanton disregard of the safety of persons or property shall be guilty of reckless cycling. No demerit points shall be awarded by the Commissioner for violations of this section.
Labels: hb1683, sb928, three feet to pass, virginia
