Port Townsend (WA) passed a mandatory bicycle helmet law Monday night, although it won't go into effect until 2007.
The City Council, on a split vote, approved the law, which would affect not just cyclists, but skateboarders and equestrians as well, according to the Peninsula Daily News.
At a public hearing before the vote, several speakers said they approved of wearing helmets, but thought it should be handled through education and not enforcement.
One cyclist wore a helmet with the message:
“Helmet good, helmet law bad, don't need big brother in PT.''
More than a dozen cities and portions of three counties (King, Snohomish and Pierce) have mandatory helmet laws, according to the Washington State Department of Transportation Bicycle website.
There is no statewide requirement for bicycle helmets.
Find more about helmets at the Maryland Family Health website.
A tempest is brewing on Hilton Head Island, SC, over the death of a 64-year-old cyclist and the light punishment that's being considered for the motorist who struck her.
As the Georgia-based My Big Fat Geek Cycling Blog asks: “What's wrong with this picture?”
Plenty.
The 26-year-old driver of the SUV apparently struck Nhiem Kim, 64, from behind as the bicyclist was riding on the shoulder, to the right of the fog line and off the driving lane. The driver has been charged with one count of “driving too fast for conditions.” Conviction could lead to a fine and two points deducted from her driver's license, according to the Island Packet, the local newspaper.
The cyclist was reportedly carrying a bag of produce home from the grocery store.
The South Carolina Highway Patrol incident report (page 1 and page 2) states the bicycle “was travelling north off of the roadway. … The driver of Unit 2 (the SUV) was distracted by a cell phone. Unit 2 ran off of the roadway and struck Unit 1 (the bicycle) from the rear.”
According to the Island Packet
The driver is not facing more serious charges because the highway patrol and Beaufort County Sheriff's Office could not determine that she showed reckless intent when the collision happened, (Highway Patrol spokesman Lance Cpl. Paul) Brouthers said. Reckless homicide would have been the next highest charge.
“After careful and deliberate study with the (Beaufort County Solicitor's Office), we decided this is the best charge,” Brouthers said.
The police report shows the SUV was travelling at 40 mph, the posted speed limit.
The accident and charges have touched off a firestorm on the island. Comments have been filed online by witnesses, those attacking the driver and the criminal justice system, and friends supporting the driver.
The SUV driver, Carol Zampino, even filed online comments regarding the bicycle death. She wrote in part:
“It was never determined, or I was never informed of the theory, that I hit the victim from behind, because as I stated, I never even saw the victim, until after I heard the crash. I was informed that the passanger (sic) rear view mirror was the first that the victim more than likely struck, causing her to loose control of the bike and therfore (sic) strike the car.”
She also states that she wasn't chatting on the phone and had phone records to prove it (the police report says she was “distracted” by the cell phone). She also writes that it took 45 minutes for emergency personnel to arrive and another 15 minutes for “proper medical care.”
She also attacked the newspaper reporter for adding his own “distorted facts,” which drew a response from the Island Packet's managing editor.
The driver has a Dec. 27 court date.
I'd like to know how a person can drive off the highway and onto the shoulder, strike a bicyclist and not be driving recklessly, as in reckless homicide. I did some searching on the web and these descriptions didn't help.
Here's part of the South Carolina law describing reckless homicide:
When the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department must revoke for five years the driver's license of a person convicted of reckless homicide.
For for comparison, here's “reckless driving” from the same source:
Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. The Department, upon receiving satisfactory evidence of the conviction, of the entry of a plea of guilty or the forfeiture of bail of any person charged with a second and subsequent offense for the violation of this section shall forthwith suspend the driver's license of any such person for a period of three months.
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