Showing posts with label bicycle-related laws. Show all posts
Showing posts with label bicycle-related laws. Show all posts

13 November 2023

They Won’t Obey The Law. So Why Pass It?

 

Community Board 6, Manhattan . Photo by Kevin Dugan for Streetsblog NYC.

People kill people. Therefore, laws against homicide and manslaughter are pointless.

Any lawyer who made such a statement probably wouldn’t be a lawyer for much longer. And anyone else who uttered it might be committed—or, in some places, elected.

While nobody in Manhattan’s Community Board 6–which includes the east side of the borough from 14th to 59th Street, one member of that wise and worldly body said something that is, at least to mind, just as logically flawed.

Or could it be that Jason Froimowitz has access that I lack to powers of reasoning. He was reactingto a bill, proposed by City Council Member Robert Holden, that would require, “ every bicycle with electric assist, electric scooter, and other legal motorized vehicle that is not otherwise required to be registered with the DMV, to be registered with DOT and receive an identifying number which would be displayed on a visible plate affixed to the vehicle.”

That sounds good on its face. But, perhaps not surprisingly for anything from Holden—who’s never met a cop or car he didn’t like—it’s not very well thought-out.  For one thing,  doesn’t address a legal loophole that allows moped buyers to leave the shop without registering the vehicle. So someone could buy a moped and the city would be none the wiser—and thus unable to enforce a mandate to plate.

The bill also does not acknowledge a major source of dangerous moped and ebike operation:  food delivery apps, which guarantee customers that their ramen will be delivered within 15 minutes or some similar time frame.  As it stands, delivery services and the restaurants that employ them face no penalties when their delivery workers maim or kill someone.

To be fair, requiring registration—from the point of sale onward—would make it easier to hold Doordash and their ilk to account, in part because the police will have one less excuse for not enforcing bans on motorized vehicles in bike and pedestrian lanes—and for not citing dangerous operation on the streets.

Froimowitz's objection to the bill, however, has nothing to do with the flaws I have enumerated.  Rather, he seems to think that passing any law to address the issue is pointless.  This would-be bastion of jurisprudential logic instead offers up this analogy as his reason for voting against the bill:

We currently require registration and license plates for motor vehicles in New York City and there is a prolific problem of vehicles obstructing, and removing, and defacing those license plates, so I fail to see how a solution requesting new implementation of  license plates would be effective. 

Before I proceed, I must say that I fail to see how a vehicle can obstruct, remove or deface a license plate.  And I am trying to wrap my head around "a prolific problem."  When someone or something is "prolific," they produce something in abundance, whether it's fruit from a tree or writing from a blogger.  A problem does not produce anything; it is produced and whatever produces it might be prolific if it is making more problems or anything else.

Now that I have pointed out the mixed metaphors and overall lazy use of language by a member of a community board that includes some of the city's most affluent and presumably best-educated residents, I will say, in fairness, that he is right on one count:  No regulation will stop all dangerous, discourteous and simply stupid behavior.  But to use that as a reason not to require registration and plating is a bit like saying that there shouldn’t be any restrictions on guns because someone, somewhere will find a way around them.

03 June 2023

The ‘Bike Man’ in Washington




 Earl Blumenauer has done, possibly, more than any other politician to encourage cycling in the United States. Representing a district around Portland, Oregon (where else?) since 1996, he is responsible for, among other things, the bike lane on Pennsylvania Avenue—the location of the White House.

His wins include gaining tax benefits for bicycles commuters. On the other hand, a bill that would have provided subsidies for eBikes was yanked from the Inflation Reduction Act at the last minute.

In his interview with David Zipper, Blumenauer revealed that the loss (which he regards as temporary)of the eBike subsidies was a result of lobbyists.  

What we in the cycling community often forget is that the largest companies in the bicycle industry are minnows next to the whales and sharks of other industries.  Some of those corporations, particularly in the energy, automotive and tech industries, provide financial and other support to alternative-energy sources and electric cars.  Of course those corporations are acting in self-interest or, more precisely, their stockholders’ demands.  

Perhaps they see the current boom in bikes and eBikes in the same way as the ‘70’s Bike Boom.  But, as Blumenauer points out that “Boom” was really just a fad that petered out in part because no meaningful policies came from it.

Perhaps one day soon investors in alternative energy and electric cars will see that those enterprises are related to bicycles and eBikes—and Representative Blumenauer will once again be vindicated.

20 May 2023

Safer Passing In Oregon

 

Photo by Jonathan Maus of BikePortland



I have experienced my fair share of "road rage" from drivers. (OK, "What is a 'fair share?' you ask.)  Some times it came from the perception of "privilege" I have as a cyclist and, in at least one incident I can recall, the legitimate perception of my privilege as a white person. Other times, the rage was an expression of hostility from some other source, and I just happened to be in "the wrong place at the wrong time."

But, to be fair, I have to say that some drivers become--understandably, perhaps--frustrated because they just don't know how to act.  Often, that is a result of fact that they're not, or haven't recently been, cyclists. But I suspect that another factor could be ignorance of the law (also understandable, sometimes) or that said statutes are vague or don't address the situation at hand.

Doug Parrow and Richard Hughes understood what I've just described.  Fortunately for us, they're retired, so they had time to do the considerable legwork (pun intended) necessary to bring it to the attention of Oregon State Senator Floyd Prozanski and help him to bring it to the legislative body in which he works.  The result is Senate Bill 895, which has passed both houses of the state's legislature.  Next, it will go to the House floor and the Governor's desk, where it is likely to be signed into law.

This new regulation actually amends an older regulation that governs vehicles in a "no passing" zones.  The extant law, similar to others in other jurisdictions, says that you can pass on the left in a "no passing" zone if the vehicle you're passing has turned on to another road, driveway or alley. It also says that you can move further to the left, and even cross a center line, in order to avoid an "obstruction."

That all seems straightforward enough.  But like similar laws, it probably was drafted at a time when the "obstruction" was likely to be another motor vehicle, such as a truck that's taking up the whole lane or another vehicle that's disabled or has to, for whatever reason, travel at a slower speed.  It might also be a work site, which is likely to be clearly marked and blocked by a truck.  The law's framers probably didn't know any adult cyclists.

These days, of course, that "obstruction" might be a cyclist or a group of them.  That was a frequent occurrence on Skyline Boulevard, popular with motorists and cyclists alike because of its sweeping curves, scenic views and proximity to downtown Portland.  To address such situations, the new bill says that motorists must drive at least five miles per hour under the speed limit while passing, and amends the definition of "obstruction" to explicitly include "any person who is riding a bicycle or operating any other type of vehicle and who is travelling at less than one-half of the speed limit." 


28 February 2023

Bicycle Licensing: An Instrument of Racial And Economic (In)Justice

Last week, I wrote about the arguments over a planned bike lane in Berkeley, California. One resident referred to it as a "culture war."

If it is, I am surprised that controversy about another bit of bicycle-related policy or planning hasn't been seen in the same way.  I am referring bicycle-licensing regulations.

While bike lane battles have garnered a lot of attention during the past decade or so, bike licensing has been mostly an under-the-radar issue for nearly as long as bicycles have existed.  

The battle-lines in bike-lane conflicts are drawn largely along generational lines and between business owners who fear losing parking spaces and people who want more walkable and cycle-able downtowns. On the other hand, the quieter battles over licensing laws divide people, ironically, pit people against each other in a very visible way--one that has defined some loud and violent protests in recent years. 

While there was little or no bike lane construction, at least in the US, between the end of World War I and the beginning of this century, many jurisdictions, from small seaside villages to major metropoli, have had bicycle licensing regulations on their books for decades whether or not most citizens are or were aware of them. As an example, in 1957 Toronto repealed such a law that had been on the books since 1935.  Several times since, the idea of resurrecting the law, or some version of it has been re-visited and, ultimately, rejected, albeit for different reasons.

When the Canadian city got rid of the requirement that stood for more than two decades, few adults rode bicycle.  Thus, according to city fathers (yes, they were all men) "licensing of bicycles be discontinued because it often results in an unconscious contravention of the law at a very tender age; they also emphasize the resulting poor public relations between police officers and children."  Translation: Kids break a law they don't realize exists until they're busted for it, so no wonder they grow up hating cops.

The cost-ineffectiveness of the scheme was also cited in scrapping it and against reviving it.  Also mentioned in the discussions of bringing it back to life is that licensing does little, if anything, to promote bicycle safety or return stolen bikes to their owners--two rationales that have been given for mandating bike registration in what one of the city's most famous natives, Drake, calls "The Six." The cost of administering the program has also been invoked as a reason to end, or not to begin, bicycle licensing and registration programs in other locales.

During the last few years, however, an objection to bike licensing has echoed something that has motivated so many protests of the past few years:  racial injustice.  As an incident in Perth Amboy, New Jersey showed all too clearly, in those few instances when the police stop or even arrest cyclists for riding without a license--or not wearing a helmet, or for violating some other rarely-if-ever-enforced law--the ones penalized are not White and/or do not conform to gender "norms."


David Martinez



That is one reason David Martinez worked to abolish a bicycle registration mandate in his hometown and state of Costa Mesa and California, respectively. Three years ago, he went to the police to register his bike.  When he asked about the program and who gets ticketed, "they said, 'we might ticket the homeless."  That motivated him to make a public records request.  He found that, according to the department's own data, most of the citations were issued on the city's west side, an old industrial area where, not surprisingly, much of the city's nonwhite and homeless populations are concentrated.  He presented his findings to safe streets advocates who, in turn, contacted politicians.

Now Costa Mesa is about to comply with an omnibus bill California Governor Gavin Newsom signed in October.  It calls for, among other things, the abolition of bicycle-licensing and -registration laws and regulations, which have been locally administered, throughout the state. Costa Mesa is the latest municipality to align itself with the new law.

I don't know whether Martinez or anyone else in the Golden State has framed the effort to end bicycle registration as a "culture war."  However, whether or not he has used such terminology, he (like, I imagine, Newsom) no doubt understands bicycle licensing--or, more precisely, how it's enforced--as a racial and economic justice issue precisely because it has never served the purposes (safety, recovery of stolen bikes) given as its rationale.



18 August 2022

A Model For Bike Policy?

 For years, a rumor or urban legend--what's the difference between them?--said that bicycles were illegal in the People's Republic of Korea (PRK), a.k.a. North Korea.  Given the country's reputation as one of the most totalarian states, and the fact that almost no one in the West could be sure of what was happening in the country, the story seemed plausible.

Turns out, bicycles weren't officially banned.  But they were frowned upon as a primitive means of transport for a country whose leader saw it as a modern socialist utopia--until 1992.  That year,  cycling gained official acceptance, though the country's leader, Kim Jong-Il, officially banned it women because he thought the sight of a woman striking a "seductive" pose on the saddle would corrupt public morals.

Now, I must say that it still surprises me that anyone  has ever found  me "seductive," "sexy" or even cute in any position, whether as the woman in, ahem, late middle age that I am now or the dude I once was.  And, to my knowledge, the only ways in which I've ever "corrupted" anyone was to have them read essays, poems or books that provoke "subversive" thinking--or to have those people write what they were really thinking or feeling at that moment.





Anyway, for someone who thought he was turning his country into a socialist paradise--which, one presumes, is for the benefit of common people and not based on religious orthodoxy--Kim Jong-Il's attitudes, at least when it came to women and bicycles, weren't much different from those of the leaders of Saudi Arabia or other extreme theocracies.  His son, King Jong-Un, from what I understand, hasn't been enforcing that ban, in part because in a country where few people have cars and mass transportation isn't widely available, especially in rural areas, much of what's grown in that country--by women--would never get to market if women couldn't port it on bikes.

Kim Jong-Un has been pictured on amusement park rides and horses, but not on bicycles.  But, ironically, his non-enforcement of the ban on women riding bikes isn't the only thing that makes his country's capital city, Pyongyang, 'bicycle friendly."  Bicycles are not just socially acceptable; they dominate the streets as they did in Chinese cities a generation ago, for the same reason:  There are few cars.

Interestingly, while some cite bicycles outnumbering people in Dutch and Danish cities as reasons why cycling and cyclists are respected to a greater degree than they are in the US, bicycles aren't fetishized, the fact that they are a, if not the, major means of transportation in Pyongang and other PRK cities is the reason why they are status symbols, in more or less the same way as cars in other places.  Japanese-made bicycles are the most-after (Hmm...Perhaps I should have saved my Miyatas just in case I ever take a trip there!), followed by locally-made bikes that are rumored to be made by prisoners.  Chinese-made bikes are at the bottom of the heap, just as they were in the US about a generation ago.

Could it be that UK Transport Secretary Grant Shapps was looking to the PRK rather than the Netherlands, Denmark or France in proposing a new bike-related policy?

No, he's not looking to get more cars off the road or women on bikes, or to build more bike lanes.  Rather, he wants to adopt one of the PRK's more controversial policies:  registration plates, like those on automobiles, prominently displayed on the front of every bike.  

Oh, but he's looking to go even further than King Jon pere ou fils:  He wants to require insurance and impose speed limits for bicycles.  Moreover, he wants to impose a system of penalty points similar to the ones for motorists who violate the speed limit or other regulations. 

Now, to be fair, he's not the first British public official to propose such regulations.  But I think more citizens, whether they favor or oppose such rules, are paying attention because of the increasing numbers of people who are cycling for fun or to get to work, school or the store.

Whatever happens, it is ironic that an official of a Western country that is often seen as "liberal" would take one of the world's most illiberal states as its model for policies related to a form of transportation and recreation that can do more than almost anything else to liberate women--and men and children.

21 April 2022

Death At An Intersection Of Choices

A few years ago, I taught a "capstone" course, required of graduating students, about the Bronx.  It seemed to make sense, as the college is located in the borough--in the heart of the poorest U.S. Congressional District, in the South Bronx--and most students live there.  As much as I tried to make it interesting and relevant, students were less than unenthusiastic:  They saw the course as one more thing standing between them and graduation.

If they've forgotten me, the projects they did (or didn't do), the class itself and the college, I hope they remember one lesson that, I believe, the course reinforced: Everything they lived with, good and bad, in the Bronx was the result of decisions made by human beings.  Sometimes their motives were nefarious, but at other times they were simply misguided.

Fahrad Manjoo makes that point today in a New York Times editorial, "Bike Riding In America Should Not Be This Dangerous."  In his essay, he briefly recounts how urban and transportation has prioritized the "speedy movement of vehicles over the safety of everyone else on our streets.  He doesn't get much into specifics--whole books have been written about that--but that governing principle took hold well before the high priest of auto-centricity, Robert Moses, started his work.

Manjoo's editorial was motivated by the death of 13-year-old Andre Retana at a Mountain View, California intersection that is an "asphalt-and-concrete love letter to cars."  On two corners stand gas stations; America's Tire occupies a third and the fourth is taken up with a BMW dealership.  "To keep traffic humming along," he writes, "motorists on all of its corners are allowed to turn right on red lights."


The intersectio of El Camino Real and Grant Road, Montain View, CA. The "ghost" bike commemorates Andre Retana, who died here.  Photo by Mark Da


As I have pointed out in other posts, such an arrangement endangers cyclists--when they follow the traffic signals as motorists are required to do.  A cyclist at the corner of an intersection is vulnerable to a right-turning vehicle, especially a truck--or an SUV (which I call "trucks for people who don't know how to drive them")--makes a turn. 

To be fair, most truck drivers, especially the long-distance variety, courteous and conscientious.  On the other hand, their vehicles are particurly hazardous for two reasons.  One is that because their vehicles are so large, they sometimes veer into pedestrian and cyclists' paths, or even onto sidewalks, especially on narrow streets in dense urban areas. The other is sight lines, or lack thereof: Drivers sit so far away from everything else on the street that they simply can't see someone crossing a street.

Those factors, and the right to turn right on red, contributed to Andre Retana's death.  The truck driver came to a complete stop at the instruction.  Andre pulled up alongside him.  In an unfortunate twist, he fell off his bike in the crosswalk near the front of the truck--at the very moment the driver, who didn't see him, decided it was safe turn.

The driver didn't realize he'd struck the boy until bystanders flagged him down. Andre suffered severe injuries and died a short time later in the hospital.

Manjoo points out that the intersection, not surprisingly, doesn't have a "box" or safe area where cyclists and pedestrians can wait, and neither of the streets leading to it--El Camino Real and Grant Road--has a protected bike lanes.  But, as much as I respect him for pointing out the dangers-by-design, he seems to share the same misguided thinking behind too many schemes to make cycling safer:  That more bike lanes and other "infrastructure" will do the job and that planning future roads with built-in bike lanes will help.

As I've pointed out in other posts, too many bike lanes are poorly conceived, planned and constructed:  They go from nowhere to nowhere and actually put cyclists in more danger.  Staggered signals, which Manjoo also recommends, could also help.   Moreover, he says that while transitioning from gasoline- to renewable energy-powered vehicles will help for health and environmental reasons, we really need to find ways to get people out of SUVs and into smaller cars.  And, while he doesn't say as much, it could also help to re-design trucks with better sight lines.

But, as I've pointed out in other posts, other changes, like legalizing some form of the "Idaho Stop," are also needed.  Most of all, though, I believe--as Manjoo seems to--that the way transportation is conceived has to change.   Not only are new street and vehicle designs and regulations needed, things like the tax structure, have to change.  Most people don't realize just how much driving is subsidized--yes, in the US to the point that the worst car choices and driving habits are rewarded.

None of the needed changes will bring back Andre Retana.  But they might prevent future tragedies like his--and make cities and societies more livable.  Such changes can only come about by choice--just as all of the mistakes that led to a 13-year-old boy's death were.

  

 

  

16 April 2022

Assaulted For "Not Riding In The Lane"

A decade ago, a driver nearly hit me when she made a careless turn. (I think she was distracted.)  I yelled a few things they don't teach immigrants in English classes and flashed a one-fingered peace sign. She rolled down her window and lectured me on how I "should be riding on the bike lane."  Never mind that the lane was on another street and wouldn't have taken me where I was going.

To this day, too many drivers and  seem beholden to the same notion.  I was once stopped by a cop when I turned out of a bike lane onto a side street.  Said cop claimed that I went through a light--which I wasn't--and that I "should stay in the lane."  Never mind that I turned off the lane to go where I needed to go and that, in any event, even if I had gone through the light when there was no cross-traffic--or ahead of a driver who would turn right when the light turned green--I (and the driver) would be safer than if I'd strictly followed the signal.  When I pointed that out, the cop said, "I ride a bicycle, too," in a tone of reminded me of people who tell me about a gay brother, sister or friend before doing or saying something to hurt me.

If bicyclists could ride only in bike lanes, we couldn't go anywhere--unless, of course, the lane goes right to the doors of our homes, schools, workplaces or favorite stores, cafes, museums or anyplace else we go.

Erin Riediger understands as much.  The Manitoba-based architect and host of Plain Bicycle Podcast veered from the bike lane into the traffic lane so she could turn onto a side street.  A man walked in front of her bike, struck her and said, "The bike lane is over there."





Fortunately, she wasn't hurt, at least not physically.  She posted a series of Tweets about the incident and most of the responses were sympathetic.  However, as almost invariably happens on Twitter, trolls clambered from under their rocks.  One upbraided her for "wasting her time" with those posts (If she was "wasting her time," wha does that say about the troll?), she should have "called the cops"--which she did.  Others posted stuff that nobody should be subjected to.  

Still other twits (what I call trolls on Twitter) lectured her about how she should have handled the incident or stayed in the bike lane.  Then there were the ones who used the occasion to rant about how cyclists should have licenses, insurance, etc.--which many, if not most, of us have--never mind that those things have nothing to do with the real issue at hand:  someone--a woman--was assaulted--by a man--when she rode her bike.

A woman was assaulted by a man as she rode her bicycle. She was within the law; he wasn't.  Those are the facts of this case; they have nothing to do with licenses, insurance or anything else that's bothering trolls with too much time on their hands.

29 June 2021

New Law In Old Dominion

If you've been reading this blog for a while, you know that I'm critical, sometimes even cynical, about bicycle-related laws--especially when they are presented as being in the interest of "safety."

So when I heard that a new law is to take effect 1 July in Virginia, I thought, "What now?" 

According to the new law in Old Dominion, drivers are required to change lanes when passing cyclists unless the lane is "very wide."  It also stipulates that two cyclists are allowed to ride abreast of each other if a single is approaching.  These rules apply only to regular streets and roads; when cyclists are in a designated bike lane, neither they nor drivers will need to do anything different from what they do now.

It will be interesting to see the effects of this new law.  I think requiring cars to move over makes sense, but I wonder about cyclists riding next to each other with trucks passing at 50 or more MPH.  If cycling in Virginia (which I haven't done) is anything like cycling in Florida (of which I've done a fair amount), the scenario I described wouldn't be uncommon, especially in rural and other remote areas, where the only road might be a county or state road.



Entirely predictable were some of the ignorant comments that followed a news story announcing the new law.  They were full of stereotypes about cyclists and complaints that cyclists were taking "their" roads that they "paid for."  One said that cyclists should be taxed--apparently not realizing that bicycle infrastructure is usually paid through transportation funds, which come from the same pot of tax money into which we all pay.  Still someone else said bicycles should be allowed only on designated bike paths, sidewalks and roads on which the speed limit is not greater than 25 MPH.  

What those commenters don't seem to realize is that today, a greater number of cyclists than ever are pedaling for transportation, and not solely for recreation.  The new law--at least part of it--seems to show some cognizance of that fact.