It's good to see that Washington state bicycle advocates are not alone in making progress for so-called vulnerable users bills that seek to protect bicyclists and pedestrians. A bill in New Mexico is similarly moving forward, although one in Maryland might be stalled.
Although the bills aim to levy more severe penalties than simple traffic tickets on motorists who injure or kill bicyclists, they vary widely in their severity.
Washington bills
In Olympia, two vulnerable users bills, one in the House and in the Senate, have passed their respective chambers. Now lobbyists for Cascade Bicycle Club and Bicycle Alliance of Washington are pushing for at least one bill to win approval in the opposite chamber and go to the governor's desk for a signature.
Essentially, SB 5326 and HB 1339 hold negligent drivers accountable when they kill or maim vulnerable road users, such as bicyclists. Currently, negligent motorists who are not driving drunk face little more than a simple traffic ticket when they cause death or injury to bicyclists or pedestrians.
These bills would impose a fine of $1,000 to $5,000 and suspend driving privileges for 90 days unless the person appears in court and agrees to a $250 fine, completes a safe driving course and performs 100 hours of community service.
See the flow chart at the Cascade blog.
New Mexico
In New Mexico, HB 68 passed 68-0 in the House. It's now in the Senate Corporations and Transportation Committee.
The New Mexico bill allows for misdemeanor punishment of up to one year in county jail and fines up to $1,000 when careless driving leads to severe injury and death.
Maryland
The Maryland measure, House Bill 363, is apparently stuck in the House Judiciary Committee because chairman Joseph Vallario Jr. doesn't like the bill.
The bill makes it a misdemeanor to cause the death of another as a result of “driving, operating, or controlling a vehicle or vessel in a criminally negligent manner…” A conviction could lead to a maximum three years in prison and a $5,000 fine.
It tries to draw a fine line between driving in a criminally negligent manner, which would be a misdemeanor, and negligent driving, which would not.
A person who is criminally negligent is not driving as a reasonable person and should realize his driving could cause a risk of injury or death. Excessive speeding, running red lights or stop signs or violating crosswalk rules are examples of criminal negligence.
Someone who causes the death or injury of another by negligent driving, however, would not be prosecuted. Apparently, Vallario wants clearer language in the bill to ensure that someone guilty of inattentive driving isn't charged with a misdemeanor.
Inattentive driving
Personally, I don't think someone who is simply inattentive should get off scot-free. You should realize that you can cause serious harm with your vehicle and avoid distractions.
Columnist Michael Dresser of the Baltimore Sun explained this difference between criminally negligent and simple negligence in a column last week (“Bill to punish fatally bad driving: Pass it with care”). He says the bill should punish bad behavior, not bad mistakes.
Ironically, a story that ran beneath his column in the print edition reported on an 83-year-old motorist who right-hooked a bicyclist riding in a bike lane on a city street in Baltimore. The 20-year-old student at Johns Hopkins University was hospitalized in a coma. Here's his Facebook page.
A police spokesman reported the circumstances of the collision, then added:
“No charges or citations have or are likely to be filed against the driver of the vehicle.”
[This that initial report, police say that the investigation is still open.]
Like I said, I have a hard time understanding how inattentive driving can go unpunished.
Petition / links
A petition regarding the Maryland bill is posted online at Change.org. [Here's March 9 followup regarding 4,800 signatures.]
See the Bicycle Alliance of Washington blog for progress on more bills, such as Complete Streets and 20 mph speed limit.
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