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Saturday, May 30 2015 @ 08:16 AM UTC

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Who can get justice for Patricia Cunningham?

Biking in Marylandby Jim Titus, Edgewater Patch

Cyclists from around the state of Maryland were appalled last week when an Anne Arundel County grand jury failed to indict Whitney DeCesaris for negligent homicide in the death of Patricia Cunningham, an Annapolis High School coach who was killed on Riva Road by Ms. DeCesaris's bad driving. The grand jury did indict her for a few traffic offenses such as negligent driving.

Shortly after the crash, I suggested in a Patch blog that the available information strongly suggested that this was negligent homicide (a misdemeanor with a maximum 3-year prison sentence), and urged people to email the State's Attorney. About 600 people did so, and it's clear that her office seriously investigated the possible homicide. I can not say whether the case was well-presented to the grand jury or not. If not, then the prosecutors can try again to get an indictment. The 5th Amendment's prohibition of double jeopardy does not apply to grand jury investigations. If she pleads guilty to one of the traffic offenses, however, the 5th amendment will bar additional prosecution.

A criminal conviction of Ms. DeCesaris, however, is not the only means of achieving at least a modicum of justice. Of course no one can bring Ms. Cunningham back, so any talk about justice is relative. The goals of criminal punishment include retribution, prevention of additional harm, and rehabilitation. Here are a few other options.
...

Drivers License Suspension.
,,,
According to Transportation Article §16-206(5)(i), the Motor Vehicle Administration (MVA) "may suspend the license of a person who is convicted of a moving violation that contributed to an accident resulting in the death of another person" for up to 6 months.
...

Fix the Roads
...

Do Some Soul Searching
...

<a href="http://edgewater.patch.com/groups/use-the-full-lane-/p/if-states-attorney-can-not-get-justice-for-patricia-cunningham-who-can">http://edgewater.patch.com/groups/use-the-full-lane-/p/if-states-attorney-can-not-get-justice-for-patricia-cunningham-who-can</a>;
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1,287 people died in 2012 crashes in D.C., Va. and Md.

Biking in MarylandBY ASHLEY HALSEY, Washington Post

...
Here are your closer-to-home numbers:

A total of 1,287 people died in crashes in Maryland, Virginia and the District last year, an increase of 11 over 2011. Of that number, 364 weren’t wearing seat belts, 476 were speeding and 375 of the deaths involved a drunk driver.

Motorcyclists accounted for 166 deaths, pedestrians for 166, and bike riders for 16.

The District had 15 fatalities, down from 27 in 2011. Virginia had 777, up for 764 the previous year. Maryland had 505 deaths, 20 more than in 2011.
...

<a href="http://www.washingtonpost.com/blogs/dr-gridlock/wp/2013/11/15/1287-people-died-in-2012-crashes-in-d-c-va-and-md/">http://www.washingtonpost.com/blogs/dr-gridlock/wp/2013/11/15/1287-people-died-in-2012-crashes-in-d-c-va-and-md/</a>;
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Alert: The State's new bike/ped master plan missing something important... appropriate levels of funding!

Biking in Maryland The Context: The number of cyclists are a strong indication of quality of life issues but it's not just about cyclists it is about people just out walking, kids outside playing, joggers, runners, moms with strollers, retires walking hand in hand... basically getting everyone outside and hopefully getting to know their neighbors. My challenge in this post is I dare anyone to make a good case why Maryland should continue to be below average (which would be a state ranking of 25) on these issues. If being below average is not acceptable then let's make more of an effort to be at least average.

Overview: While Maryland has done many wonderful things since the first 20 Year Bicycle and Pedestrian Master Plan but a few things have been overlooked:

Pedestrian fatality rate BEFORE the first Master Plan:
image*

Pedestrian fatality rate AFTER the first Master Plan:
image*

We need to be making progress!



And then there is this:

While efforts to improve conditions for bicycling in the region have been robust in the time since the 1999 analysis, the 2004 [the most recent data] value distribution is statistically identical.
http://www.baltometro.org/reports/BikePedLOS.pdf




This is part of that problem:
Jim Titus expressed concerns regarding the Maryland National Capital Park and Planning Commission –Prince George’s County’s designation of MD Route 564 as a bikeway was not recognized by the State Highway Administration. Michael [Jackson Director of Bicycle and Pedestrian Access] stated that because MD Route 564 is a State highway SHA was not bound to accept M-NCPPC-PG’s designation but recommended that Jim contact SHA staff about his concerns.
From 4/11 Maryland Bicycle and Pedestrian Advisory Committee (MBPAC) minutes


For a little background: SHA intermittently removed a bikeable shoulder for bypass lanes around left turns lanes on a designated bike route when for "the same money" they could have centered the striping on the roadway and have comfortable cycling conditions on both sides of the road.
Eliminating a bikeable shoulders should not be acceptable practice by SHA, this needs to be fixed!
We need to be making progress!


And finally:
The levels of walk and bike commuting have increased substantially over the last decade, though the mode shares are still relatively small. Statewide, approximately 2.5% of Maryland commuters walk to work and 0.4% bike to work, ranking Maryland 29th and 37th in the United States based on the share of workers walking and bicycling to work.
MARYLAND TWENTY-YEAR BICYCLE & PEDESTRIAN MASTER PLAN - DRAFT

After 10 years cycling has gotten "up to" a national ranking of 37th?
We need to do better than this!


Appropriate balance of funding:
First let's look at the law:
§ 2-602.(3) As to any new transportation project or improvement to an existing transportation facility, the Department shall work to ensure that transportation options for pedestrians and bicycle riders will be enhanced and that pedestrian and bicycle access to transportation facilities will not be negatively impacted by the project or improvement; and
. (4) In developing the annual Consolidated Transportation Program, the Department shall:
. . (i) Ensure that there is an appropriate balance between funding for:
. . . 1. Projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders; and
. . . 2. New highway construction projects;


While accommodating single occupancy vehicles is desired, really expensive and requires a lot of planning I must point out nobody really wants this:
imageChina after deciding to accomidate cars over cyclists.

Avoiding this and other undesirable outcomes of over accommodating single occupancy motor vehicles is why we have a Bicycle and Pedestrian Master Plan in the first place. I thank you for the work done so far. But I really have to ask after 10+ years of having a goal of improving conditions for bicycling and walking don't you think we should be doing better then what I have pointed out?

While I could and should make a strong case how Maryland's bike/ped funding should be increased by at least 4 fold but instead I will make this incredibly reasonable request...

The ask:

Every year our pedestrian fatality rate is below average or our bicycle modal share is below average there shall be a 10% increase in bicycle and pedestrian funding over the previous year's funding level. And any money left over stays available. (It may take a couple of years for the localities to be aware of the funds and make the appropriate plans.)

I could go into a lot of detail of what I expect from this action but the main point is there are a lot of low cost solutions** that are NOT done as a matter of routine by SHA so if the low cost solutions are not being done then we need more money for higher cost solutions, it's their choice. But progress must be made!

If this proposal is unacceptable maybe our funding should be based on the percentage of bike and pedestrian traffic fatalities, since so few bike and walk that shouldn't be so bad right? So how does only 22% of the budget sound? (The National average is 15.8%)*** As I said, a 10% increase over the previous year is a very reasonable request .

Take action:


Remember to include your address and phone number when writing. Also using your own words has more of an impact than just quoting this article but remember to be polite and say something positive. But just copying and pasting this article is better than not doing anything at all.

Write:
ksylvester@mdot.maryland.gov
governor@gov.state.md.us (Does he know that Maryland became the 4th highest in pedestrian fatalities under his administration and has stayed in the top ten worst?)

And write your representative as they have been looking at the attainment reports for years are they really happy with the progress the state has made? It might be interesting to ask about any designated Bicycle and Pedestrian Priority areas in their district, as that is supposed to be a way to get money into their district to address bike/ped issues.
Find you State representative.
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Spoted in Maryland

Biking in Marylandimage

Via Passive Aggressive Notes
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Really, only 15% of our major roads have sidewalks?

Biking in Marylandimage

From: Draft of Maryland's Bicycle & Pedestrian Master Plan
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Maryland U.S. Bike Route 50 Approved

Biking in Maryland
&quot;U.S. Bicycle Route 50 follows the established Chesapeake &amp; Ohio (C&amp;O) Canal National Historical Park through Maryland. Located along the north bank of the Potomac River, the 184.5-mile canal towpath originates in Washington, D.C., then arrives in Cumberland, Md.&quot;

Read more: <a href="http://www.bicycletimesmag.com/content/new-us-bicycle-routes-approved-maryland-and-tennessee">http://www.bicycletimesmag.com/content/new-us-bicycle-routes-approved-maryland-and-tennessee</a>;
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The road that killed 18 miles of a master planed bikeway

Biking in MarylandWhere’s the traffic? Critics point to the Intercounty Connector’s often empty travel lanes, like these at the Route 29 interchange in Silver Spring, as proof that the road was unnecessary.

<a href="http://www.bethesdamagazine.com/Bethesda-Magazine/September-October-2013/The-Intercounty-Connector/index.php">http://www.bethesdamagazine.com/Bethesda-Magazine/September-October-2013/The-Intercounty-Connector/index.php</a>;

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[B' Spokes: For this we sacrificed a bikeway???]
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Bicyclists embark on road to local healthy living

Biking in MarylandBy Rebecca J. Barnabi, SoMd News

More than 200 bicyclists rode from Gilbert Run Park on one of five routes to local farms in the Southern Maryland Agricultural Development Commission’s second Crop Hop on Saturday.
...

“I was diagnosed with diabetes in November,” Tena Branstetter said. “I wanted a way to lose weight and get in shape.”

She has lost more than 65 pounds and so far is able to control type 2 diabetes with diet and exercise, she said. Most of her exercising consists of bicycling, and she said her endocrinologist said she has never had a patient come so far.
...

<a href="http://www.somdnews.com/article/20131023/NEWS/131029712/1055/bicyclists-embark-on-road-to-local-healthy-living&amp;template=southernMaryland">http://www.somdnews.com/article/20131023/NEWS/131029712/1055/bicyclists-embark-on-road-to-local-healthy-living&amp;template=southernMaryland</a>;
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A Reminder about Bicycle Safety [by Maryland State Police] [video]

Biking in Maryland[B' Spokes: Overall very good but 33 minutes is rather long.

A few nitpicks: I wish they got into the whole cyclists impeding traffic thing as we have a on going history of MVA and police getting that wrong. Though they did mention cyclists are excluded from "laws that begins, the driver of a motor vehicle may not do some behavior " - OK that covers (I hope) the misapplying of § 21-804 "a person may not willfully drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic." But we do have that we may not ride two abreast if we are impeding traffic. Does that mean anytime we are not going the speed limit (I hope not) or if traffic starts to back up (at least two cars) and cyclists are still riding two abreast? It would have been nice to see some sensible direction on enforcement of this law as it has come up from time to time.

I am very disappointed that there was no mention to get the cyclist' statement after a crash. I hear about officers doing this too often and I encourage that if it happens to you request an amended police report. Though the video did mention to treat crashes involving cyclists just like two car crashes but I'm not sure if that would be enough to get rid of the outrageous behavior of not interviewing the cyclist at all.

I would have loved to see a bit more stress on warning/ticketing drivers parking in bikeways. It seems implied but they never come out and say it. Can we use this to encourage BCPD to do just that? As I said a little wishy washy with the wording.

Summary: Very good background and reasons given for the video. A must watch for that alone.]



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Md. State Police make 1,400 stops in 'move over' crackdown

Biking in MarylandPIKESVILLE, Md. — Maryland State Police made more than 1,400 traffic stops in one day during a crackdown on drivers who fail to move over or slow down for emergency vehicles.

Police say about 1,411 traffic stops on Monday led to 335 citations and 484 warnings for violations of the move over law.
...

<a href="http://www.heraldmailmedia.com/news/police_fire/md-state-police-make-stops-in-move-over-crackdown/article_c28028c8-3c0a-11e3-8f11-001a4bcf6878.html">http://www.heraldmailmedia.com/news/police_fire/md-state-police-make-stops-in-move-over-crackdown/article_c28028c8-3c0a-11e3-8f11-001a4bcf6878.html</a>;

******************************************************************************************************
[B' Spokes: Now if we could only get similar action and news coverage over enforcement of our 3' safe passing law or our crosswalk laws or... Something that affects them they enforce, if it affects others, who cares. :/ Seriously?]
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