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| Legislation |
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CBC proposes special penalties for careless drivers who injure bicyclists
Careless drivers who injure bicyclists or other vulnerable road users would face special penalties under legislation sponsored by the California Bicycle Coalition.
The bill, which is currently being drafted by San Francisco Assembly Member Tom Ammiano, would require a careless driver who injures a vulnerable road user to face a judge and possible penalties ranging from traffic school and community service to a large fine and suspension of driving privileges. The penalties would apply to drivers who injure bicyclists, pedestrians, runners, roadway workers, farm equipment operators and other lawful roadway users who are particularly vulnerable to careless driving.
Deterrence and education are the goals of the bill, which is modeled after a law enacted in Oregon in 2007. Judges would be given the option to waive fines and license suspensions for drivers who complete traffic school and community service. The service requirement could include projects directly related to roadway safety.
The bill would close a gap in the law that often leaves drivers not found to be impaired or criminally negligent to face no more than a simple traffic ticket for seriously injuring a bicyclist or pedestrian. A driver who kills a bicyclist or pedestrian may face vehicular manslaughter charges.
CBC strongly supports the use of differential penalties to make drivers more aware of special safety hazards, much the way California already provides enhanced penalties for traffic violations that occur near schools and in highway construction zones.
Bicyclists to be covered by expanded cell-phone penalties
Anyone who rides a bike for transportation knows how many drivers continue to use hand-held cell phones behind the wheel, despite a ban enacted two years ago.
Palo Alto Sen. Joe Simitian, author of laws that ban hand-held cell phone use and texting by drivers, wants to double the fines for distracted motorists. Simitian's Senate Bill 1475 also would extend those penalties to bicyclists, making California the first state to do so.
Six other states and the District of Columbia ban the use of hand-held cell phones while driving, while 18 other states and the District of Columbia ban texting while driving. A handful of cities in other states have enacted cell phone bans that apply to bicyclists as well as drivers.
Under the bill, the fine for a first-time violation of the hand-held cell phone ban would increase from $20 to $50 and for subsequent offenses from $50 to $100. The fine for violating the texting ban would rise to $100 from $20 (first-time) and $50 (subsequent). Violations would also add a point to a motorist's driving record.
CBC will work with Simitian to ensure that SB 1475's penalties are appropriate to bicyclists, given the substantially lower safety risk posed by bicycles. CBC supported Simitian's earlier bills to restrict cell phone use and texting by drivers, and continues to support efforts to prevent distracted driving.
Bike across the SF-Oakland Bay Bridge?
Bicyclists could find themselves closer to being able to ride between San Francisco and Oakland across the San Francisco-Oakland Bay Bridge.
Senate Bill 1061 authored by Sen. Loni Hancock of Berkeley would authorize the Metropolitan Transportation Commission to use Bay Area bridge toll revenues collected for seismic retrofit projects to improve bike and pedestrian access on the western portion of the span between Yerba Buena Island and San Francisco.
The new bridge being built to replace the east span between Oakland and Yerba Buena Island includes facilities for bicyclists and pedestrians.
In 2001 engineers affirmed the feasibility of installing cantilevered bicycle and pedestrian lanes on either side of the west span. |
| Bicycling and the law |
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Am I required to ride in a bike lane?
What the law says: Where a street or road has a bike lane, California Vehicle Code Section 21208 requires a bicyclist to use the lane when traveling slower than the flow of traffic. Moving out of the lane is permitted for passing another bicyclist, vehicle or pedestrian in the lane, avoiding debris or other hazards in the lane, making a left turn, or approaching a place where a right turn is authorized. Riding outside the lane is permitted in these instances only when it's reasonably safe to do so and after the movement has been signaled.
The rest of the story: State law and common roadway practice call for slower-moving traffic to travel on the far right of the roadway. Bike lanes provide a place for slower-moving bicycle traffic. The exceptions listed in Sec. 21208 make clear that bike lanes do not isolate bicyclists from the need to be responsive to roadway conditions.
Sec. 21208 implies, but does not directly state, that a bicyclist traveling with the speed of traffic may ride outside of a bike lane. The bicyclist who does so is subject to the same basic rules of lane positioning that apply to anyone riding on a road without a bike lane. Since most motorists expect to see bicyclists riding to the far right (whether or not there's a bike lane), riding safely within the flow of traffic requires remaining visible to other vehicles and riding predictably according to the rules of the road.
The take-away: Slower-moving bicyclists must use a bike lane where one is provided. A bike lane can be a safer place to ride, so long as the bicyclist knows the basic rules for responding to roadway conditions.
Do you have a legal question you'd like to see answered in a future issue of CalBike Report? Contact us!
Many thanks to CBC board member and bicycle attorney Gary Brustin for reviewing this article. |
| News from around the state |
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San José ranks first in youth bike education
San José, the nation's tenth largest city, ranks first in the nation for providing bicycle education to children, according to a recent survey of the 50 largest U.S.cities. The Alliance for Biking and Walking reported in their "Bicycling & Walking in the U.S. - 2010 Benchmarking Report" that one in eight San José youth receive bike safety education.
The Street Smarts School Safety Education Program, run by San José's Transportation Department, reaches more than 23,000 elementary and middle school students annually with bicycle and pedestrian safety assemblies, helmet events and bike "roadeos."
Read more about San José's bicycle and pedestrian program. Read more about the Alliance for Biking & Walking's 2010 Benchmarking Report.
LA police chief pledges greater protections for bicyclists
In the spiritual homeland of America's car culture, Los Angeles Police Chief Charlie Beck has promised local bicycle advocates the department will begin training officers about the rights of bicyclists on the road and how to deal with bike-related incidents.
Beck made his pledge during a recent L.A. City Council transportation committee "town hall" meeting with local bicycle advocates. It marks the first time LAPD's leadership has publicly addressed the issue of bicyclist safety.
Local advocates have been calling for justice for bicyclists injured in recent hit-and-run accidents, including City Hall employee Ed Magos. |
| CBC News |
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Sacramento Tweed Ride to benefit CBC
The Sacramento Tweed Ride, inaugurated last fall, has made the California Bicycle Coalition the beneficiary of its spring ride on Sunday, March 28.
The event, which recalls stylish British cycling of the early 20th century, will feature a raffle for a Breezer Citizen 3 and a Fuji Cambridge, valued at $1,600.
Ride organizers Rick and Erin Houston plan to hold 4-5 rides per year in Sacramento, with spring and fall rides to benefit CBC.
After the first tweed ride was held early last year in London, the concept quickly spread to cities throughout the U.S. In California, tweed rides have been held in Sacramento, San Francisco, Oakland, Fresno, San Luis Obispo, Los Angeles, Long Beach and San Diego.
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| National Bike Summit |
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California to send largest delegation to national summit
Once again, bicyclists from California will make up the largest share of participants in the League of American Bicyclsts's annual National Bike Summit, March 9-11, in Washington, D.C.
More than 60 of the 616 registered attendees will be from California.
The summit agenda includes general sessions and breakouts on such topics as livable communities, healthy transportation, complete streets, using social media for advocacy, traffic justice and involving bicycle retailers in advocacy.
Participants will also meet with their congressional representatives to encourage legislation, policies and funding that enable more people to ride bicycles for transportation and recreation more often.
CBC is coordinating meetings between California bicyclists and their congressional representatives. |
| Safety education |
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Carmichael
Traffic Skills 101, Sat., Apr. 17 & Sun., Apr. 18
Irvine
Traffic Skills 101, Street Skills, Fri., Mar. 19 & Sat., Mar. 20
Sacramento
Urban Cycling Skills, Bike Maintenance, Tues., Mar. 23
Santa Barbara
Street Skills, Thurs., Mar. 18
Santa Monica
West Sacramento
Basic Bicycle Maintenance, Thurs., Mar. 4
To learn more about other courses being offered throughout California, visit the League of American Bicyclists website and select "Courses" and "California." |
| Rides |
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Davis
Breakaway Ride, Sun., Apr. 11
Ride the Amgen Tour route from Davis to Santa Rosa
A benefit for Breakaway for Cancer
Humboldt County
Monterey
Sea Otter Classic, Apr. 15-18
Moraga
Sponsored by Grizzly Peak Cyclists
Napa Valley
Sacramento
A benefit for the California Bicycle Coalition
San Diego
Gran Fondo Colnago, Sun., Mar. 7
100, 53 and 32 mile options
A benefit for the American Melanoma Foundation
San Francisco
San Francisco, Pacific Coast, Wine Country and more
Thousand Oaks
Breakaway Ride, Sun., Apr. 25
Ride the Amgen Tour circuit route starting in Thousand Oaks
A benefit for Breakaway for Cancer
Find a full calendar of rides throughout California at Bikelink. | |
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