Removal of manditory schoulder use Hearing 3/9 at 2:00 p.m.

HOUSE BILL 1193

Synopsis:

Authorizing a person operating a bicycle to ride the bicycle in or through a crosswalk in specified locations under specified circumstances; requiring a vehicle to yield the right-of-way under specified circumstances to a bicycle that is in a crosswalk; authorizing, under specified circumstances, a person who is operating a bicycle or motor scooter to use the roadway even if a shoulder is present; etc.

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Yesterday; what a roller coaster ride

To start the day off I woke up from a frustrating dream. In the dream I notified my neighbor that I was having a surveyor out to mark my property lines and he responded "No way unless you do something about my increased liability!" "But, but" I stammered, "the property line already exists, I am just defining were exactly it is." and the dream went on with more illogical conclusions and accusations. It should not take a professional to realize this is about my frustration over our 3' safe passing bill when we already have a safe passing distance required law (I really need to get a different life.)

Later on in the day One Less Car got a conference call together (unfortunately I was out and about and missed this.) And we found out the mysterious amendment was from MDOT. And we now have people working on a strategy that will strengthen rather than weakens bicyclist protection if this bill passes.

So the upshot is opposition to this bill is not the best strategy in the long run.
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Something better then nothing is not making the grade for our 3' safe passing bill

I decided to ask on a national bike forum what others involved in advocacy thought of our 3' bill and so far this is what I got:
image
 This is just really sad.

What should have been a clarification of § 21-309. Driving on laned roadways.
(1) While overtaking and passing another vehicle going in the same direction and while the center lane is clear of traffic within a safe distance; [no exceptions]

to specify that cyclists need at least 3 feet for safe passing has gotten all mucked up in trying to get it to apply only to cyclists riding legally, the only road user singled out for limited due care I might add. While I have some empathy that motorists should be exempt from gross errors by cyclists such as wrong way riding or suddenly swerving into the motorists path by more then 3' but no where else in the legal code for safety does it apply only if the other road user is operating in strict accordance of the law. I will also assert gross errors by the other party are already part of the legal system. As I noted previously pedestrians have § 21-504. Drivers to exercise due care.
(a) In general.- Notwithstanding any other provision of this title, the driver of a vehicle shall exercise due care to avoid colliding with any pedestrian.
But if a pedestrian suddenly runs in front of a car the driver is not charged with this violation, the same should hold true with cyclists.

The sad fact is this bill will most likely have the most adverse impact on kids (and MD and especially Baltimore are far worst then the national averages for kids on bikes crashes) as drivers are now exempt from passing with due care if they feel the kids are not riding per the strict rules of the road for bicyclists.
Damned if you, Damned if you don't

I was thinking of all the times police (but mostly motorists) want me to ride in the gaps between parked cars. To the police I usually respond with "Do you want me to weave in and out of parked cars?" and they just give me a disgusted look and move on. But now with this law it might be legal for cars to intimidate a cyclist into the gap and if a cyclist rides the gap then upon leaving they are failing to maintain a straight course so once again no requirement on motorists for a safe passing distance. [Note if you do the latter always signal and yield to traffic before moving laterally.]

Additionally in a side conversation one advocate said "But this rule seems to repeal the duty to pass with care." Hmmm...

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A thought about our 3' safe passing bill

In the State's Drivers' Manual it says the following:

"A pedestrian does not have the right of way to cross a roadway outside of a crosswalk. A pedestrian who crosses a roadway outside of a crosswalk must yield to any vehicle, although a driver must always avoid hitting the pedestrian."

That is to say even if the pedestrian is not crossing in a legal manner motorists must do their best avoid hitting the pedestrian. But in our safe passing bill the cyclist must be riding lawfully, that is to say as far right as practicable and if police and/or the courts or even possibly the motorist feel that the cyclists should be further right then their is no obligation for a 3' passing distance.

This years 3' safe passing distance adds these two exceptions:

(I) THE BICYCLE, EPAMD, OR MOTOR SCOOTER RIDER FAILS TO OPERATE THE VEHICLE IN CONFORMANCE WITH § 21–1205(A) OF THIS SUBTITLE (“RIDING TO RIGHT SIDE OF ROADWAY”) OR § 21–1205.1(B) OF THIS SUBTITLE (“ROADWAY WITH BIKE LANE OR SHOULDER PAVED TO SMOOTH SURFACE”); OR
(II) A PASSING CLEARANCE OF LESS THAN 3 FEET IS CAUSED SOLELY BY THE BICYCLE, EPAMD, OR MOTOR SCOOTER RIDER 10 FAILING TO MAINTAIN A STEADY COURSE.

In other words "but the cyclist swerved" would be a codified legal excuse as would be "but the cyclists was not riding as far right as possible."

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For a reminder, a summary of actions on last years bike bills

HB 187 Status as of January 23, 2009: Bill is in the House - First Reading Environmental Matters Failed - Dead Legislation
Sponsored By Delegates Shewell, Beidle, Hecht, Heller, Niemann, Riley, Robinson, F. Turner, Valderrama, and Walkup
Entitled Vehicle Laws - Bicycles and Motor Scooters - Protective Headgear
Committee
Assignments		 House: Environmental Matters

HB 224 Status as of May 7, 2009: Became Law - Chapter 233 Became Law - Governor Signed
Sponsored By Allegany County Delegation
Entitled Vehicle Laws - Motor Vehicle and Bicycle Racing Events - Sunset Repeal
Committee
Assignments		 House: Environmental Matters
Senate: Judicial Proceedings

HB 437 Status as of February 4, 2009: Bill is in the House - First Reading Environmental Matters Failed - Dead Legislation
Sponsored By Delegates Elliott, Bartlett, Bates, Boteler, Krebs, McComas, Montgomery, Myers, Riley, Shewell, Sossi, Stukes, Stull, F. Turner, and Walkup
Entitled Bicycles, Mopeds, and Motor Scooters - Minors - Protective Headgear
Committee
Assignments		 House: Environmental Matters

HB 481 Status as of March 27, 2009: Bill is in the House - Unfavorable Appropriations Failed Legislation
Sponsored By Delegate Bronrott
Entitled School Construction - Pedestrian and Bicycle Trail Enhancements - Funding
Committee
Assignments		 House: Appropriations

HB 496 Status as of March 23, 2009: Bill is in the House - Unfavorable Environmental Matters Failed Legislation
Sponsored By Delegates Cardin, Bobo, Bronrott, G. Clagett, Hammen, Morhaim, Ross, and Stein
Entitled Vehicle Laws - Bicycles, EPAMDs, and Motor Scooters - Rules of the Road
Committee
Assignments		 House: Environmental Matters

HB 1144 Status as of May 7, 2009: Became Law - Chapter 443 Became Law - Governor Signed
Sponsored By Montgomery County Delegation and Prince George's County Delegation
Entitled Bicycle and Pedestrian Advisory Committee - Membership MC/PG 115-09
Committee
Assignments		 House: Environmental Matters
Senate: Judicial Proceedings

HB 1197 Status as of March 23, 2009: Bill is in the House - Unfavorable Environmental Matters Failed Legislation
Sponsored By Delegate Carr
Entitled Vehicle Laws - Bicycles - Rules of the Road
Committee
Assignments		 House: Environmental Matters

SB 15 Status as of March 26, 2009: Bill is in the Senate - Unfavorable Budget and Taxation Failed Legislation
Sponsored By Senator Rosapepe
Entitled School Construction - Pedestrian and Bicycle Trail Enhancements - Funding
Committee
Assignments		 Senate: Budget and Taxation

SB 292 Status as of May 7, 2009: Became Law - Chapter 232 Became Law - Governor Signed
Sponsored By Senator Edwards
Entitled Vehicle Laws - Motor Vehicle and Bicycle Racing Events - Sunset Repeal
Committee
Assignments		 Senate: Judicial Proceedings
House: Environmental Matters

SB 428 Status as of April 6, 2009: Bill is in the House - Unfavorable Environmental Matters Failed Legislation
Sponsored By Senators Raskin, Astle, Frosh, Mooney, and Rosapepe
Entitled Vehicle Laws - Bicycles, EPAMDs, and Motor Scooters - Rules of the Road
Committee
Assignments		 Senate: Judicial Proceedings
House: Environmental Matters

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House Safe passing bill hearing 2/16 at 1:00 p.m.

HOUSE BILL 461 Vehicle Laws - Bicycles, EPAMDs, and Motor Scooters - Rules of the Road

Synopsis:

Requiring that a driver of a vehicle, when overtaking a bicycle, an Electric Personal Assistive Mobility Device (EPAMD), or a motor scooter, pass safely at a specified distance, except under specified circumstances; requiring a driver of a vehicle to yield the right-of- way to a person who is riding a bicycle, an EPAMD, or a motor scooter in a bike lane or shoulder under specified circumstances; etc.

Senate version passed (43-0)

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Senate wants drivers to move over for cyclists

by Julie Bykowicz

The Maryland Senate this morning unanimously approved a measure requiring drivers to give bicycles, scooters and other personal transportation devices, such as Segways, at least three feet of space when possible.

Drivers now are required to exercise "due care" when passing cyclists, but the Senate wants to get specific on what exactly that means. A House of Delegates committee is scheduled to hear the proposal next week.

Also included in the measure is a directive that drivers are to yield right-of-way at intersections when a cyclist is in a designated bike lane or lawfully riding on the shoulder.

Violating these new provisions would be a misdemeanor with a maximum fine of $500.

The Baltimore City Paper pointed out in a recent commentary on its news blog that the measures come too late for cyclist Jack Yates, who was killed last summer at the intersection of Maryland and Lafayette avenues in Baltimore. From Michael Byrne's entry:

He was riding to the right of the right lane of Maryland as a truck passed him, also in the right lane. That is, both vehicles were smooshed into the right lane as the truck instigated a right turn onto Lafayette. The accident that resulted is a classic "right hook," one of the most dreaded occurrences in urban bicycling—and one of the most common.

Maryland lawmakers are also considering several "move over" measures that would require drivers to pull away from emergency vehicles that are stopped on shoulders to investigate traffic accidents or infractions.

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Mandatory Use of Ignition Interlock System Program

While trying to skim what's going on this legislative system I ran across HB 515 and I have to wounder what was going on:

Altering the Motor Vehicle Administration's authority to establish an Ignition Interlock System Program to require the Administration to establish the Program; requiring rather than authorizing the Administration to establish a protocol for the Program by specified regulations; providing that individuals who are convicted of, or granted probation for, specified alcohol- or drug-related driving offenses must participate in the Program; etc.

Were the courts ordering a Ignition Interlock System and MVA not following through?

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Right to use crosswalks and roadway even if shoulder is present - Hearing 2/25 at 1:00 p.m.

SENATE BILL 624 Vehicle Laws - Bicycles and Motor Scooters - Rules of the Road

Synopsis:

Authorizing a person operating a bicycle to ride the bicycle in or through a crosswalk in specified locations under specified circumstances; requiring a vehicle to yield the right-of-way under specified circumstances to a bicycle that is in a crosswalk; authorizing, under specified circumstances, a person who is operating a bicycle or motor scooter to use the roadway even if a shoulder is present; etc.

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How clueless can the state be?

FISCAL AND POLICY NOTE House Bill 140 Bicycles, Mopeds, and Motor Scooters - Minors - Protective Headgear

"State Effect: Potential significant general and federal fund savings beginning in FY 2011 for the Department of Health and Mental Hygiene (DHMH) to the extent the bill reduces debilitating injuries from bicycle and motor scooter accidents.
...
There is insufficient data at this time to estimate the number of traumatic head injuries that could be avoided and the resulting potential savings to the Medicaid program.
..."

Ya, right. We all know fat lazy people make less demands on general and federal funds then healthy active people. And it is far more cost effective to harass cyclists off the road then to actually make the roads safer for them to ride. [/sarcasm]

See &quot;Robert Hurst on Maryland's Proposed Mandatory Helmet Law &quot; <a href="http://www.baltimorespokes.org/article.php?story=20100205083216676">http://www.baltimorespokes.org/article.php?story=20100205083216676</a>; for more info.

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