Proposed bicycle ban in Missouri county may expand;
Update: State says bike ban has “no legal authority”

Update: Tuesday, July 13 — The Missouri Department of Transportation says a proposed bicycle ban in St. Charles County would have “no legal authority” and “could not be enforced,” according to St. Louis Post Dispatch.

Not to be outdone, bike ban bill sponsor Joe Brazil says they'll pursue its passage anyway and take it to court, if necessary. If the court rules in state's favor, he'll recommend the state legislators submit a bill to enable counties to ban bicycles on roads in their jurisdictions.

Also, Adventure Cycling Association says the ban would disrupt two corridors on the pending U.S. Bicycle Route system. Ginny Sullivan, special project coordinator for ACA, wrote the council members:

“While I understand your concern for safety, bicyclists have a right to the roads across the nation. I would encourage the Council to read the US DOT policy on Bicycle and Pedestrian accommodations  and begin to understand the positive effects of having cyclists and motorized vehicles share the road.”

See below for full response from Missouri Department of Transportation and Adventure Cycling.

Monday, July 12 — Members of the St. Charles (Missouri) County Council delayed voting on a controversial bicycle ban on some shoulderless roads in the southern part of the county on Monday night so they could consider expanding the ban to more roads.

A lot of bicyclists had hoped they would vote down the measure.

Council member Joe Brazil originally proposed the ban on highways D, DD, F, Z, and part of Highway 94 in the vicinity of Defiance, located in the county's wine-producing region. The ban would be lifted as shoulders are added to the highways, a long-term project that is getting underway next year. [See: Another bicycle ban proposed — this time it's a Missouri county]

 A vote on the first reading of the bill was scheduled Monday night.

Safety issue

Brazil earlier said the ban is a safety issue for both bicyclists and motorists. He says there are no shoulders, there's limited sight distance, and the speed limit is 55 mph. Not only can bicyclists be struck by a speeding car, but motorists are endangered when they try to pass bicyclists.

Apparently no one on the County Council is interested in lowering the 55 mph speed limit on these dangerous roads or suggesting that motorists cool their jets and wait to pass until the road ahead is clear.

Scapegoating bicyclists

The Missouri Bicycle Federation issued an Action Alert on the bicycle ban. In urging people to attend the meeting or contact the councilmembers, they suggested making several points. Among them:

 — Area bicycle organizations would like the chance to meet with county officials, MoDOT officials, concerned citizens groups, and others, and work out a solution that will actually solve the problem rather than simply scapegoating bicyclists.

— More study is needed–do they even know if **any** collisions on these roads are caused by bicyclists?  Have they studied causes of collisions on these roads?  If not, they need to stop and do so before taking drastic action.

No jurisdiction

The alert also contains contact information for other councilmembers.

Earlier, MOBikeFed executive director Brent Hugh told KSDK.com that the county doesn't even have the jurisdiction to ban bicycles; it's an issue for the Missouri Department of Transportation. (Note: It wouldn't be the first time St. Charles County stepped out of its jurisdiction; in May the councilmembers voted to endorse the Arizona immigration law. Like the bike ban, it was sponsored by Brazil.)

“The ban on bicycles is the absolutely wrong way to go about solving what is a very serious problem with roads in the area.”

Meeting

The St. Louis affliate for Fox News reported that Monday's meeting was packed with people supporting and opposing the ban.

A supporter, Stephen East, said:

“Hilly, curvy, shoulder-less roads with a 55 mph speed limit, is not where cyclists should be. Speed differentials between vehicles and bicycles – is just a recipe for disaster.”

An opponent, Doug Davis, said singling out cyclists wasn't fair because bikes aren't causing accidents:

“Usually the issue is driver impatience, and their urgency to get around us in an unsafe passing area.”

Fox News said council members tabled the issue, in part, to consider expanding the ban to roads in the northern part of the county. They'll discuss the issue next month. St. Charles County makes its agenda and minutes available online.

If you think bicyclists are facing an uphill battle, it's interesting to note that St. Charles County was ranked 78th of the 100 most conservative counties in the US by the right-leaning Daily Caller website. The description:

St. Louis has continually expanded beyond its small base on the Mississippi River. While St. Louis County has long since surpassed the city of St. Louis, now even exurban St. Charles County, at least 10 to 15 miles from the outer limits of St. Louis City, is likely to surpass the city in population in time for the next census. St. Charles is the wealthiest county in Missouri, and has a high number of home owners and married families. The area has a gun culture, and contains a contemporary extension of St. Louis’s strong Germanic religious heritage.

Hello to All, 

I have checked on the ownership of the roads below and they appear to be under the jurisdiction of Missouri Highways and Transportation Commission.  State law says: 

226.130. 1. The commission shall:

(1) Have supervision of highways and bridges which are constructed, improved and maintained in whole or in part by the aid of state moneys, and of highways constructed in whole or in part by the aid of moneys appropriated by the United States government, so far as such supervision is consistent with the acts of Congress relating thereto;

MoDOT has no intention of prohibiting cyclists from state roads.  Bicyclists have the same rights and responsibilities as drivers according to the law.  It is important that there is mutual respect and consideration between cyclists and motorists.  Cyclists must obey the laws and motorists need to respect a cyclist's right to use the road and not intentionally cause them harm.  Local law enforcement may be able to assist with both of these issues.

Shoulders on  two-lane roads increase safety for all users, unfortunately with current funding, it is not possible to add them to all the roads where they would be beneficial.  For your convenience, I am attaching a copy of Missouri State Statutes that apply to bicycles.  Section 300 statutes come from a Model Ordinance section and are not actually state law, but may be adopted by local jurisdictions.