The death penalty for being in full compliance with the law


From the Baltimore Sun Bicyclist struck, killed by vehicle in Anne Arundel County

Police said Young was riding on the right lane of the highway, which did not have a shoulder and had little ambient lighting.

Young was wearing dark non-reflective clothing on his bike that had a makeshift headlight, which was on. The bike also had a red LED-flashing light on the back which police say did not appear to have been turned on, leaving one small reflective lens to make Young visible.

Police say the driver did not see Young in the lane in front of him.

Bicyclist visibility and possible driver error appeared to be significant factors in the accident, police said. Alcohol or speed were not suspected.


First our law:

§ 21-1207.(ii) On the rear, with a red reflector of a type approved by the Administration and visible from all distances from 600 feet to 100[0 ??] feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.

That "one small reflective lens" is our legal requirement and no more is needed to be legal. Are there issues with the national [and local] standards, you bet. And have we tried to change those standards? Again yes but the Consumer Product Safety Commission asserts that this"one small reflective lens" is the "best" standard.

So could a cyclists go to an automotive or hardware store and get a better reflector then one that comes standard on the bike, sure but would that be legal? Technically probably not so if AA Police assertion is valid cyclists are in a legal Catch 22 but more to the point why are we not asserting the Basic Rule for driving on the highway:
§ 21-801. Basic rule

(a) Reasonable and prudent speed required. -- A person may not drive a vehicle on a highway at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions.

(b) Driver to control speed. -- At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance that, in compliance with legal requirements and the duty of all persons to use due care, is on or entering the highway.


Drivers CANNOT overrun their headlights, so not seeing the cyclist is a confession of guilt of not driving at a prudent speed for conditions. If the police have a problem with bicycles reflective standards then take it up with Consumer Product Safety Commission in the meantime that is what is legal and we are not at fault for not exceeding what the law requires.

If you are concerned contact:
Col. James E. Teare, Sr., Chief (410) 222-8500
8495 Veterans Highway, Millersville, MD 21108
e-mail: jteare@aacounty.org
Washcycles coverage:

A cyclist - 40 year old Matthew Young - riding on Veterans Highway in Severna Park on Friday night (7:30pm) was hit from behind and killed. "Investigators do not believe that either speed or alcohol were factors in the crash. They have cited "bicyclist visibility" as the apparent cause of the accident, and noted the fact that the accident occurred at a particularly dark location on Veterans Highway, as well as the fact that Young was wearing dark non-reflective clothing." There's a pretty wide shoulder there. Was the cyclist on it? More here: "Police said the bike he was riding had a makeshift headlight, but a flashing light on the back of the bike does not appear to have been on." Can they tell after a bike has been hit from behind? Maybe they have witness testimony?

by B' Spokes

Like most people I live a hectic life and who has the time for much exercise? Thanks to xtracycle now I do. By using my bike for daily activities I can get things done and get an hour plus work out in 15 minutes extra of my time, not a bad deal and beats taking the extra time going to the gym. In case you are still having trouble being motivated; the National Center of Disease Control says that inactivity is the #2 killer in the United States just behind smoking. ( http://www.cdc.gov/nccdphp/bb_nutrition/ ) Get out there and start living life! I can carry home a full shopping cart of groceries, car pool two kids or just get lost in the great outdoors camping for a week. Well I got go, another outing this weekend.
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