The drive to make bicycling safer hit severe roadblocks in three state legislatures last week.
The bad week started in Virginia where a bill to require cars to give bicycles 3 feet of clearance failed on Monday in the House of Delegates by a 54-43 vote.
Then on Tuesday, Washington's state's “vulnerable user” bill died when it failed to meet a Senate deadline for transfer to the House. On Thursday, the South Dakota Senate rejected a 3-foot passing law by a 10-24 vote.
It makes us wonder what bicyclists have to do to protect our safety out on the road. Keep demanding changes in the laws, I suppose.
Virginia
The bill in Virginia would have extended the minimum gap for a motorist to pass a bicycle from the current 2-foot limit to 3 feet. Delegate John Cosgrove was quoted in the Virginia Pilot that the bill could force motorists into the oncoming lane to pass a bicycle.
At its website, the Virginia Bicycling Federation penned a response: “Three Feet to Pass — Why Such Resistance?” Explaining the justification for the bill:
“….we had hoped to make some progress in addressing incidents in recent years where Virginia’s criminal justice system turned its back on us. If you think that running over a bicyclist or pedestrian is illegal in Virginia, think again. The above legislation would not have totally fixed this, but the changes would have helped.”
Having attended the hearings and debates, the author reported on ridiculous issues touched on by the opposition:
“Bicyclists break laws, so they're unworthy of added protection under the law..”
“Bicyclists are inconsiderate when they delay drivers from getting to their destinations..”
“A 3-foot law would hazard motorists by forcing them into the oncoming lanes..”
“Bicyclists should police themselves before asking for added legal protections..”
The Virginia Bicycling Federation offers its clear and reasoned responses to these nit-brained objections. The piece concludes:
“VBF went into this thinking that our proposed changes were pretty straightforward and supportable. While we expected some difficulty, we did not expect to be roughed up for the reasons stated. But persistence pays, and we’ll be back next year.”
South Dakota
Senate Bill 70 would have required motorists to give bicycle riders 3 feet when passing. According to the South Dakota Bicycle Coalition, the bill at first fell prey to an amendment that would have required bicyclists wear reflective clothing.
That amendment failed in a voice vote, but then the Senate rejected the bill by a 10 to 24 vote.
The senators voted against the bill in spite of heart-rending testimony from local sports legend Larry Luitjens, one of the winningest high school boys basketball coaches in South Dakota history. He wrote about the trauma of being sideswiped by an RV in 2003:
“…I was on pain medication for over six months and suffered from deep depression. I basically spent two years in hell. But the sun did come up again and I am now 99% cured. …
“I have worked with young people for over 40 years and have always been concerned about their safety. There are a lot of young bikers and their safety has to be important to all of us. If a simple law like the 3′ rule saves one life it will be well worth it.”
Apparently a majority of senators did not agree.
Washington
Meanwhile, a Senate bill in Washington state that sought to give protection to vulnerable road users — such as bicyclists and pedestrians — ran out of time.
David Hiller, advocacy director for Cascade Bicycle Club, explains at the club's blog:
“A bad hearing, followed by a mad scramble for signatures, followed by disingenuous fiscal note by the Office of Administrator of Courts, followed by egregious mismanagement of Senate floor sessions – including the need to revote time consuming and controversial bills – all conspired against the Vulnerable User bill. Despite broad support and the votes necessary for passage, the bill died in the Senate at cutoff on February 16.”
The bill, SB 5838, calls for up to a $250 fine, a court appearance, a traffic safety course, and possible community service of up to 100 hours for drivers who kill or severely injure vulnerable road users. The law calls for license suspension and a $5,000 for drivers who don't fulfill the requirements.
Negligent motorists
The law is necessary because, all too often, traffic fatalities or serious injuries are caused by negligent motorists. However, the incidents are treated as mere traffic infractions without even a court appearance.
Oregon passed a vulnerable user law in 2007. It requires 2 court appearances, 100 to 200 hours of community service and traffic school; a $12,500 fine can be levied if the other conditions are not met. Hiller wrote:
“The issue won’t go away, and we made significant progress over last year, but that’s little comfort to the hundreds of families who will suffer grief and loss, and continue to ask: “Is this justice?”
Other bills
Other issues are still on the docket in Washington, says the Bicycle Alliance of Washington: House Bill 3001, Bicycle and Pedestrian Safety Eduction in Traffic Schools, passed the House and is in the Senate; and Senate Bill 6345 / House Bill 2635 to make texting and using a handheld cell phone while driving a primary offense passed the Senate and is progressing through the House.
The creation of a Complete Streets Grant Program died in the House for lack of a vote.
Currently, bicyclists in a half dozen or more states are trying to pass minimum clearances for passing bicycles. Check the list at “More states consider 3-foot bicycle-passing laws in 2010”. Currently 14 states require a 3 or more feet for passing.
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