Bicycle Friendly State Application Issues
IntroTo be clear on the intent of this article, it's all about transparency and to get those higher up's thinking in different ways as we will now be watching this issue more closely. Any good advocacy tools will highlight things that are done well along with things that can improve. And in my opinion the State ranking tool is failing to make good points on both good and bad sides and Maryland's ranking of 11 last year has me concerned that we may not be getting the most from this tool as we should.
And please don't get me wrong LAB should be thanked for starting this effort and MDOT should be thanked for not only its willingness to participate but those within MDOT that fought to participate in this ranking. But as in all new things there is bound to be a bug or two to work out.
"Bike indifferent," I like that. "Bike-friendly" would certainly be nice, but I'd be happy enough with just "Don't kill me, or make me feel like you're about to kill me." - MM
The goal should not be to cook the books to make it seem like we are better then what we are, as MM stated bike indifferent is not a bad place to be, and trimming off some of the worst of the bad would be nice.
I've been looking and commenting on this report for a few years now and well it's getting rather exasperating making the same comments/corrections year after year. The basic idea behind Bicycle Friendly States is a good one and we need to start somewhere but at the basic issue, do we round up or do we round down? And are we really happy with Maryland ranking so high compared to other states and does that ranking serve us well?
Certainly if I was MDOT I would want to round up but at the same time if the State is trying to make a case that it understands our issues and to be truly bike friendly by making improvements in problem areas, it has failed. If you are like me, you start out seeing both sides but the time you are done you feel that the State is attempting something dishonest. Not that I think that was the intent to be dishonest, there is simply a lack of agreement on how to call this stuff. Hence me brining it out in the open. A simple yes or no does not (always) answer the question so let's look into some of the issues.
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(Note: answers shown have been supplied by MDOT)
7. When a bike lane is present, can a bicyclist legally choose to ride in the adjacent travel lane, or is there a mandatory bike lane use law that does not allow exceptions for cyclists to leave the lane?
√ Can ride in lane
[] Mandatory bike lane use law
LAB's wording "does not allow exceptions for cyclists to leave the lane" implies we are cool with our mandatory bike lane law. I do not agree with that implication
Does the law allow the following exceptions listed in the Uniform Vehicle Code?
8. c. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a 'substandard width lane' is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
√ Yes
[] No
Let's look at MD's law to see if it includes LAB's criteria
| LAB's List | MD Law |
|---|---|
| fixed or moving objects | |
| parked or moving vehicles, bicycles | Passing a stopped or slower moving vehicle |
| pedestrians | Avoiding pedestrians |
| animals | |
| surface hazards | Avoiding road hazards |
| substandard width lanes | Operating in a lane that is too narrow for a bicycle or motor scooter and another vehicle to travel safely side by side within the lane |
| Making or attempting to make a left turn | |
| Operating on a one-way street | |
| The right lane is a right turn only lane | |
| the speed of traffic at the time and place and under the conditions then existing on a roadway |
So MD is missing the ability to move left when there are fixed or moving objects or animals. Additionally MD uses the term "Stopped vehicle" while LAB and the Uniform Vehicle Code uses "Parked vehicle" so could one argue that you would be required to ride in the door zone of parked cars and only move left when they are stopped (driver still inside.) I would certainly hope not but the lack of mentioning parked cars as a legitimate hazards could cause problems.
So I can see wanting to "round up" as we are mostly there but as we will see there is a whole lot of rounding up going on so maybe we should insist this is a no.
It is also interesting what LAB missed that we have and the big issue that has been fought decades back is "The right lane is a right turn only lane" which should be changed to the Uniform Vehicle Code "where right turns are authorized" So LAB's not helping us with an issue we would like to eventually pursue and MDOT is not helping us by rounding up. Heavy sigh.
11. Is photo enforcement of moving violations permitted in your state?
√ Yes
[] No
11. a. Does the state have enabling legislation for local jurisdictions to use photo enforcement of moving violations?
√ Yes
[] No
Is restricting speed cameras to school and construction zones "enabling"? Of course the big question is Maryland's use of photo enforcement helping cyclists, this is after all about being bike friendly? We do have "slow" school zones where drivers can lawfully go 37mph compared to other efforts requiring 20mph in school zones. Which is more bike/kid friendly?
12. Does your state have a law that bans the use of cell phones, or that requires the use of a hands free device while operating a motor vehicle?
[] Yes, under 18 only
√ Hands free device only
[] No restrictions
Ban is a little strong for secondary offense that you can get off by showing you bought a hands free device.
14. How many state government employees, expressed in FTEs, work on bicycle issues in your state as detailed in their work description?
13
We were a little shocked at that number as we don't know of that many .
15. Does the state have a Complete Streets or Bicycle and Pedestrian Accommodation policy?
√ Complete Streets
[] Accommodation Policy
[] None
[From Jim Titus:] Accommodation is more accurate. There is--in theory--a complete streets policy in the view of some officials; but the policy is not really in force. It does not have the force of law. It would be more accurate to say that Maryland has both a complete-streets policy and a policy of favoring motorists to the exclusion of all other users, and there is often some negotiation between the two policies.
24. What is the state's current obligation rate for the following bicycle and trail related funding programs?
24. a. Transportation enhancements
74
First a dig at LAB, obligation rate of what? Last year's available funds , last year's apportioned funds (what was added to MD's fund last year) or over the entire life of the Transportation Edutainment Fund?
If this is over the life of the program, it's down from 83% last year but I strongly object to using this metric as it is slow to reflect changes. If it's apportioned funds it's up from 68% last year (2009 numbers) but contradicts the 51% reported to the Feds. And our big issue is why isn't Maryland going after all available funds? Which was obligation at a rate of 20% for 2010 (no projects were found for the reaming 80% of the funding available.)
25. What percentage of the following federal funding programs is typically spent on bicycling projects?
25. a. Congestion Mitigation and Air Quality (CMAQ)
1.6
25. b. Surface Transportation, not including Transportation Enhancements
6.4
25. c. Transportation enhancements
36.3
25. d. HSIP
0.00
25. e. SP&R
1.0
Transportation Enhancements (TE) and CMAQ are supposed to be our major funding sources , so while the National average for TE is 48% and the last report we have shows Maryland at 13% MDOT probably used the 20 year cumulative number rather then report current activities. Also note CMAQ national average is around 5% vs our 1.6% reported.
26. As a result of The Unemployment Compensation Extension Act (H.R. 4213) in August 2010, what percentage of overall rescissions came from:
26. a. Transportation enhancements
√ 0%
[] less than 5%
[] 5%-10%
[] 11%-25%
[] greater than 25%
26. b. Congestion Mitigation and Air Quality (CMAQ)
√ 0%
[] less than 5%
[] 5%-10%
[] 11%-25%
[] greater than 25%
26. c. Recreational trails
√ No rescission
[] Rescinded any RTP funding
Well this is good news.
30. Has the state identified a network or system of state bicycle routes?
√ Yes
[] No
30. a. Is there a publicly available map of the system network?
√ Yes
[] No
30. b. Are the routes signed and/or marked on the ground?
√ Yes
[] No
The State has identified which state roads that are more comfortable to bike on then other state roads and we have a map of that. But to call them "routes" is a bit of a stretch and there seems to be a lack of coordination with the localities to plan and improve bicycle routes as part of a transportation network (they might improve some state roads but that may or may not be for a route.)
Or stated differently, the routes we as cyclists use to get around are not all on the map and there are no plans yet to make a truly bicycle transportation network plan. If you look at the PA Bike routes (used as a sample by LAB) they have details on how the routes go on and off the state roads and there are signs periodically but more to the point
Maryland does not have any equivalent signage for a bicycle transportation network.
An additional point; Federal law requires all Metropolitan areas (MPO) to plan a bike route network like this one for the Baltimore area. What the law does not require is the State to help fund or even acknowledge that this is truly a bike route network and should enhance the usability of this network. So this network plan based on what cyclists use is gathering dust while busy fast state roads are put to the forefront, sort of.
37. In the state driver's manual is there information on the rights and responsibilities of bicyclists?
√ Yes
[] No
37. a. Is there language regarding motorists' rights and responsibilities towards bicyclists?
√ Yes
[] No
Per the Drivers' Handbook (pg 57):
Rules for Motorists
...
A bicycle should be operated as close to the right side of the road as practical and safe.
...
Oh great, tell drivers that we need to ride in the gutter (not true.) There is some other advice to drivers that is rather nice so if you can over look this error you could say there is stuff for divers in the manual. But I have to say Maryland's Drivers' Manual is the last place I would send bicyclists to learn about their rights and responsibilities. So how does one call this, especially in light of Recommended changes to the Drivers' Handbook what is in there seems... well very old and stale.
38. Are there questions regarding the rights and responsibilities of bicyclists in the state driver's license test?
√ Yes
[] No
38. a. Are there questions regarding the motorists' rights and responsibilities towards bicyclists on the test?
√ Yes
[] No
You can take the test here. I got the following question:
THIS ROAD SIGN MEANS:
- Bicycle crossing/bike path
- Stop only if other cars are approaching
- Soft shoulders for motorcycles
- Yield right-of-way
If you answered "Yield right-of-way" BUZZZ wrong! We do not ever say that bicycles have a right-of-way on a Maryland drivers' test. Yep that covers bicycle rights and responsibilities as well as motorists rights and responsibilities toward bicyclist.... NOT!
Now this is the same sign that is used with "Share The Road" placard (for supposedly a whole new and different meaning.) So we are training all new drivers if you see this sign bicyclists do not have the right-of-way. So between our manual and test motorists "learn" that bicyclist have to ride far right and if they see this sign bicyclists do not have the right-of-way.
* 39. In the state driver's CDL testing and manual are questions and information regarding motorists' rights and responsibilities towards bicyclists included?
√ Yes
[] No
Good bus driver training (not in our CDL) [video] (Something a lot better then here is being done!)
Previous discussion on the CDL and Bike Friendly States
I'm sorry but bicyclists are hazards and tap the horn at them is NOT "information regarding motorists' rights and responsibilities towards bicyclists" even if we apply the standard driver's manual (as close to the right as practical) and test (this sign does not mean cyclists have the right-of-way) we still do not really get a clear picture of motorists' rights and responsibilities towards bicyclists. We have the bare minimum CDL manual and training and nothing additional for cyclists, which is I believe the point of the question, we should/could do more.
45. According to the most recent ACS data, what percentage of people ride bicycles in your state?
0.2
Using the LAB supplied link it's 0.36%. Note the National average is 0.6% bike commuters so we are still behind the curve.
49. Is bicycle safety addressed in the state Highway Safety Plan?
√ Yes
[] No
http://www.marylandroads.com/index.aspx?pageid=240 No Bicycle mentioned.
http://www.marylandroads.com/oots/SHSP.pdf There is a noncommittal "may obligate funds for bicycling" in the Memorandum of Understanding at the end of this doc but does that really imply bicycle safety is addressed in Maryland's Highway Safety Plan? I don't think so. But I should mention there are side efforts going on like a police training video for bicycle safety enforcement. So all is not lost but trying to maintain a momentum from year to year is hard. (Like we have been out of print of Safe Bicycling in Maryland for a long time now and Bike Maryland is trying to get bicycle safety materials out in driver licence renewal package and so far that's still a big if.)
In contrast look at LAB's referenced site. Maybe another day I will enumerate all the things missing in Maryland from this document but I don't see Maryland's cursory mention of bicycle as any comparison to this document.
51. a. What is the average crash rate per one million population over the last five years?
107.0
Using the 5 year crash average from the table in here I get 133.9, hmmm.
3. Does your state have a law that increases penalties for motorists who injure or kill vulnerable road users, including cyclists?
√ Yes
[] No
3. a. Please describe the law
Section 27-114 of Title 21, Subtitle 4 of the Annotated Code of Maryland. If a person violates the right-of-way of a highway user and that violation contributes to an accident that results in death or serious bodily injury of another that person is guilty of a misdemeanor and subject to a fine of not more than $1,000 and license suspension for not more than 180 days.
This is not your typical vulnerable user law, it is more increased penalties for intersection right-of-way violations that result in severe injury or death. This law is not applicable for mid-block right-of-way violations like what happened to Nathan Krasnopoler and has never been applied as far as I am aware, so I don't think this should qualify to help make us "Bike Friendly."
23. Does the state offer driver training for state employees that includes information on sharing the road with bicyclists?
√ Yes
[] No
23. a. If so, please describe.
Bicycle related traffic information is listed in the State's Driver's handbook & applicants for MD driver's licenses are tested on this information. All state employees must have valid MD driver's licenses and attend periodic driver improvement classes. Bicycle traffic issues have arisen during these classes.
"have arisen" is not the same as including, knowing what a sign means is not learning to share the road with cyclists (drivers test) and a manual telling drivers bicyclists have to ride ride as far right as practical is not sharing the road.
32. How many recreational bicycle clubs are there in the state per capita?
288970
This is missing a decimal point or something as it works out to 1,668,383,321,440 (That's trillions of) bike clubs in Maryland.
56. Please describe your state's most significant accomplishment for bicycling in the last year.
Passed legislation requiring 3 foot minimum distance for passing bicyclists and eliminated mandatory shoulder use law.
Add "The 10 year old Bicycle Master Plan is now required by law to be revised every 5 years."
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