Safety in Numbers.
Pedal Power
[I wounder if this can be done here.]What and Why
The purpose of this action pamphlet is to encourage injured riders to create strong enforcement of bicyclist rights to the road in injury accidents by taking things into their own hands and using laws already on the books to charge and convict drivers in court for violation of the Rules of the Road.
In spite of the best of intentions law enforcement agencies do not have the resources or the legal understanding of laws relating to bicycles from a bicyclist perspective, to investigate and issue citations for traffic law violations in most injury accidents. For example, in Portland, Oregon's most populous city known for its friendly attitude toward bike riders, city police maintain a departmental policy of facilitating exchange of information between the parties to an accident, but not investigating or issuing citations in traffic accidents unless one of the parties is placed into the area hospital Trauma system or the driver has a warrant or a suspended license. The Trauma system only takes the most serious injuries; entry triggers a police investigation including witness accounts and a scene diagram. However many bicycle accidents involve high energy transfers and serious injuries; yet no police investigation is provided-often an unpleasant surprise to many healing bike riders who later find out that it is their word against the motorist when it comes time to make an insurance claim.
Background
Police spokesmen have stated in the past that the Oregon statutes prohibit citation unless the cop witnesses commission of the offense. This is not technically correct because the law (ORS 810.410 (4) ) allows a police officer to issue a citation after an accident based on their own after the fact personal investigation. However, even if a police investigation of the accident is available, non-motorized roadway users may still not like the result because some police officers do not see these user groups as legitimate and rightful roadway users. This paternalistic attitude fails to accord full legal rights to the most vulnerable roadway users, those who because of their vulnerability (since they are not encased in sheet metal) most need vigilant protection of the law.
But, bicyclists must consider fully the high costs associated with more intensive traffic accident investigation by police. After all, the insurance adjuster/attorney system serve pretty well in sorting out who is at fault in most accidents. Police officers' primary mission is to protect public safety; in the great majority of collisions fault is clear and investigation of accidents is more appropriately performed by claim adjusters in insurance companies. Regardless of where one draws the line, there is a point after which it is just more important for a cop to be working on a criminal case than answering a radio call to conduct a traffic investigation for an intersection collision.
We Can Do It Ourselves
And, without requiring any change in law or policy, Oregon bicyclists already have the legal tools to initiate prosecution of traffic law breakers. Oregon law allows a citizen to initiate traffic violation prosecutions in state court, AND to have police help (per Oregon statute). After the initial report is taken and the citizen signs the Oregon Uniform Citation and Complaint, the completed paperwork is served on the bad driver summoning them to traffic court to face the charges in a non-jury trial in front of a traffic judge. The complaining citizen gives an informal presentation of the case, the judge hears evidence and testimony, and then decides. If convicted the bad driver receives a conviction and fine for a moving violation which is no different than one from a ticket issued by a police officer.
The process, known as a citizen "Initiation of Violation Proceeding " is important for bicyclists - we usually get banged up the most in a bike-car collision. Too many of these wrecks occur because drivers fail to yield to us or give us our legal share of the road. These drivers are among the most dangerous drivers on the road and it is important that their driving records reflect it. Also, Insurance adjusters frequently fail to give adequate recognition to bicyclist legal rights. Whether ignorant of the law or just hostile to bike riders, many insurance adjusters see a bike collision case and instinctively favor their insured motorist. Since only the most serious collisions involve law enforcement accident investigation, the bike rider who is hurt after a clear cut violation of the traffic law by a motorist is often disappointed to learn that the driver who was clearly admitting fault at the scene is now claiming that it was the bicyclist who violated the law. If the record contains a citation and traffic court conviction of the driver, then the insurance adjuster will be hard pressed to ignore the true liability picture.
12 steps to get your bike commute started
By Jenny C. McCune • Bankrate.comNeed some guidance to get started on your eco-friendly commute?
Biking to work
Follow these 12 steps to ensure a safe and comfortable ride to work.
Tips before getting started
1. Start off easy
2. Don't feel you have to go the distance
3. Figure out your route
4. Test it before you commute
5. Find a bike buddy
6. Learn the rules of the road for bicycles
7. Investigate parking
8. Devise a cleanup plan
9. Carry flat fix essentials
10. Learn emergency adjustments
11. Inspect your bike before every ride
12. Perform routine maintenance
The next Secretary of Transportation may well be a cycling advocate.
Names rumored to be on the short list include:• Representative Jim Oberstar — A Minnesota Democrat and nationally-renowned member of the Congressional Bike Caucus. Representative Oberstar chairs the House Transportation and Infrastructure Committee.
• Representative Earl Blumenauer — A Democrat representing Portland, Oregon, Representative Blumenauer—another nationally renowned Congressional Bike Caucus member and founder of the Bike Caucus—sits on the House Select Committee on Energy Independence and Global Warming.
• Representative Peter DeFazio — Another Oregon Democrat, and yet another member of the Congressional Bike Caucus, Representative DeFazio is a senior member of the House Transportation and Infrastructure Committee.
• Governor Ed Rendell — The Governor of Pennsylvania.
• Jane Garvey — The head of the Federal Aviation Administration from 1997 to 2002.
TODD LITMAN ON RETHINKING TRANSPORTATION SAFETY
"Truly optimal traffic safety policies require changing the way we think about, evaluate and implement traffic safety. Transportation policies that stimulate increased driving are likely to increase traffic risk, while mobility management strategies that reduce total vehicle travel and encourage shifts to alternative modes are likely to increase traffic safety. The new paradigm greatly expands the range of traffic safety strategies, including improvements to alternative modes, pricing reforms, and smart growth land use policies. It also requires considering co-benefits, since mobility management strategies can also help solve other problems, such as traffic and parking congestion, pollution emissions, excessive consumer costs, inadequate mobility for non-drivers, and inadequate public fitness and health..."
PRIVATIZATION IS THE ANSWER. WHAT WAS THE QUESTION?
by Mark Plotz - NCBW Program ManagerYesterday, as I was searching for statistics on the websites of NHTSA, BTS, and FHWA for use in a CenterLines story, I came across the Secretary of Transportation's latest press release (<a href="http://tinyurl.com/6m3xsw">http://tinyurl.com/6m3xsw</a>;). The news is that Americans drove less in FY2008 and, as a result, the Highway Trust Fund revenue will come up at least $3 billion short in FY2008. For me this was fantastic news because this was irrefutable proof that the non driving public was directly subsidizing the driving public. Or, to put it in terms the Secretary could understand: Bridges don't fall down because bicycle paths are built; bicyclists' taxes are building and maintaining those bridges.
Before I prematurely gave thanks, I read on:
Future Professional Development Webinars
The Professional Development Webinar Series is co-hosted by the National Center for Bicycling & Walking, Association of Pedestrian and Bicycle Professionals, (APBP), and Cullbridge Communications.Webinars in the Professional Development Series are scheduled for the third Wednesday of each month, from 3p.m. to 4p.m., Eastern Time.
Upcoming webinar topics and presenters include:
December 17th, 2008 – Bring Smart Trips Home: Linda Ginenthal, City of Portland, Oregon, and Jessica Roberts, Alta Planning + Design. Register now at this page: <a href="http://www.bikewalk.org/webinar.php">http://www.bikewalk.org/webinar.php</a>;
Google street view now in Baltimore
Check it out, you can drag the little guy that's above the zoom bar onto a street a get a picture (like the link below) of that street that you can rotate and click to walk along a street so you can get a feel how bikeable that street is. <a href="http://maps.google.com/?ie=UTF8&ll=39.337019,-76.634874&spn=0.016895,0.043945&z=15&layer=c&cbll=39.339487,-76.628569&panoid=xpWnNZ4-vH9qfEhYtIv2NA&cbp=12,92.936762231621,,0,15.89843749999998">http://maps.google.com/?ie=UTF8&ll=39.337019,-76.634874&spn=0.016895,0.043945&z=15&layer=c&cbll=39.339487,-76.628569&panoid=xpWnNZ4-vH9qfEhYtIv2NA&cbp=12,92.936762231621,,0,15.89843749999998</a>;
Extra points to anyone who can find a bicyclist captured in a street view.
Mountain bike ride at Patapsco State Park
There is an annual, fun, mountain bike ride at Patapsco State Park (Avalon area) from the Trailhead opposite the Park and Ride off the I-195 exit. The details for the mountain bike ride are as follows:Thursday morning 11/27, photo at 9:00, get back on the trail for a fun social ride no later than 09:30, sooner if possible. Tell as many people as you like. and also let them know where they can view the photo. So far weather looks good for thursday......
Last years photo can be found
<a href="http://donaldstar.smugmug.com/Sports/622615/">http://donaldstar.smugmug.com/Sports/622615/</a>; if you print the first 5 photos in the gallery and join them together you have a 44 11" photo, 80 people, 80 bikes.
We can top that.