SNOW HILL — A Berlin man pleaded guilty to manslaughter in connection with a June 2009 hit-and-run that left one bicyclist dead and another injured along the Route 50 bridge.
Daniel Matthew Bren, 35, struck a plea agreement in which he pleaded guilty to negligent manslaughter by automobile and leaving the scene of an accident. Several other charges, including driving under the influence, were dropped by prosecutors, who also sought restitution for funeral expenses.
>>[B’ Spokes: The legality of striking a plea bargain has always bothered me, maybe Mr. Bren is getting enough punishment for his past actions but removal of the DUI convection serves no purpose other then to lessen future charges if he drinks and drives again in the future.]
…
Manslaughter carries a maximum sentence of 10 years in state prison. Leaving the scene is a one-year maximum sentence.
"You’re going to be incarcerated for a long time," the judge said. "I’m sure you’re aware of how serious this is."
Maryland State Police said Maxim Matuzov, 20, and Edward Joseph Zisk, 41, were riding bikes west on the Harry W. Kelley Memorial Bridge when they were struck from behind by Bren’s 2006 Chevrolet Silverado.
…
Prosecutors said a taxi driver saw what happened, called police and followed Bren’s truck. According to the taxi driver’s account, one of the bicycles was trapped under the truck, making sparks. It soon became dislodged.
…
Police said they pulled him over, they found him glassy eyed and disoriented behind the wheel. He had an open container of beer in the truck. Later, Bren was found to have a blood alcohol content of .25.
"Why were they in front of my truck?" Bren told troopers, according to prosecutors’ court testimony. "Why do people always have to be walking and riding bikes over there?"
…
>>[B’ Spokes: With a statement like that, they should throw the book at him. It’s bad enough that he was drinking and driving but such a disregard to human life is unconscionable.]
Continue reading “Man pleads guilty in fatal hit-and-run”
The General Assembly Session is a Success for Alternative Transportation Advocates!
Five Smart Transportation Bills Passed. It is Time to Celebrate!
It is time to celebrate – FIVE significant smart transportation/commuting bills were passed during the 2010 Maryland General Assembly!
These bills are now on the way to the Governor’s office for his signature:
• SB 624 – Shoulder Rule bill – Sponsors Delegate Carr and Senator Frosh
• SB 51 – Three Foot Rule bill – Sponsors Delegate Cardin and Senators Raskin and Forehand
• HB 1155 – Transportation Transparency bill – Sponsors Delegate Lafferty and Senators Pugh and Harrington
• HB 282 – Funding for Bike/Pedestrian Access bill- Sponsor Delegate Peña-Melnyk
• SB 229/HB 710 – The General Assembly passed legislation (SB 229/HB 710) to appoint a Blue Ribbon Commission on Maryland Transportation Funding to study the state’s short- and long-term transportation funding needs.
Learn more here.
Three years ago, Delegate Jon Cardin took the initiative to promote the important Three Foot Rule bill. His dedication to the bicycling community, as the sponsor of the Three Foot Rule, has been outstanding! This year, OLC will continue to develop and strengthen bicycle safety bills with assistance from fellow bicyclists and with support and the sponsorship of leaders like Delegate Bronrott, Delegate Cardin, Delegate Carr, Senator DeGrange, Senator Frosh, Delegate Gaines, Senator Haines, Senator Harrington, Delegate Lafferty, Delegate Malone, Delegate McIntosh, Delegate Peña-Melnyk, Senator Pugh, Senator Raskin, Delegate Simmons and Delegate Stein who are passionate and committed to bicycle safety. Please contact these legislators and thank them for their support! To email a thank you go HERE.
A call or email from a constituent is a big deal to to our representatives. A few minutes of your time can make a big difference in how these folks view bicyclists.
One Less Car is greatly appreciative of everyone who contributed testimony, contacted a representative, advocated for this cause and helped to make this happen.
Over the next few months, a One Less Car Legislative Agenda for the 2011 General Assembly session will be developed.
Some topics of interest are:
• Strengthening the new three foot rule
• Strong focus on the manslaughter by vehicle bill
• Bills that promote teleworking
• Introducing a bill to increase tax credits for bicyclists
• Support bills that promote safe and effective alternate means of transportation
• Reintroduce the accident vs. crash bill
• Support bills that promote funding for public transit
There will be more to add to this list and your legislative assistance is appreciatively accepted. Please read below to learn how you can take action!
The One Less Car (OLC) Baltimore Bicycle Alliance!
Please join the One Less Car Baltimore Bicycle Alliance to help OLC strengthen the Three Foot Rule, promote bicycle safety legislation are help make bicycle lanes, safety and facilities a priority in Baltimore.
OLC is asking individuals, bike clubs, bike shops and other stakeholders to join the OLC Baltimore Bicycle Alliance. The goal is for local bicyclists to play an active role in shaping state, city and county legislative decisions which affect cycling in our area. During the 2010 legislative session, a small group of bicyclists from the community met with Delegates, worked on bill language, testified at the hearings and helped to gain support from representatives. This effort helped immensely. If a few concerned citizens can help pass legislation, with more involvement from the community, we can help create a new transportation culture and infrastructure! More involvement is needed.
On April 12th the bicycling community took action! About 80 bicyclists, many who took a day off of work, biked to Annapolis on the last day of the 2010 legislative session to honor Lawrence Bensky, 43, of Owings Mills, who died on April 6 while riding his bicycle on Butler Road in Baltimore County.
This is a rural road that many of the attendees and I bike on frequently. The bicyclists also rode to Annapolis in respect to the hospitalized bicyclist that was hit along with Lawrence. Supportive Delegates and bicyclists joined me in addressing the crowd. A huge thank you goes to the bicyclists who attended, the brave wife and family members of Lawrence Bensky and the organizers of this successful event! It was truly an inspirational day. This kind of support is needed prior to and during the legislative session. A significant difference will be made if everyone interested in bike safety would contact their state or county representative and ask them to support bike/pedestrian legislation prior to, during, and after the General Assembly session. Baltimore Magazine ranks Baltimore 48 out of 50 for bike-friendliness – here. A strong active bicycle alliance will help create the change we need to be safe on the road.
One more bike is one less car! We all seek solace from the daily automobile commute that includes congestion. This congestion results in employees arriving late to work, less time with family and friends, health related diseases such as obesity and asthma, environmental damage including air pollution and degradation of our Chesapeake Bay which is both an economic and natural resource, and an increased reliance on foreign sources of fuel.
Over time, bike safety legislation and other initiatives will increase the viability of smart commuting! OLC is the only non-profit in Maryland with an active presence in Annapolis working on state bike safety legislation. The Three Foot Rule bill is only one of six bike/pedestrian/alternative transportation bills OLC promoted this session. There is much more to do to promote smart commuting and a safe environment for bicyclists in Maryland. I hope folks will join in support of this effort during the 2011 session. To join the One Less Car Baltimore Bicycle Alliance click HERE and check bicycling/walking and under message write “alliance”. In the next few weeks we will schedule a meeting date.
Of current interest is the following Baltimore City Bicycle Legislation – which will be heard at Baltimore City Hall on Thursday, May 6th at 4 pm.
• 09-0429 – Required Parking for Bicycles
• 09-0430 – Transit and Traffic – Bike Lanes
• 09-0431 – City Streets – Bike-Safe Grates
• 09-0433 – Street and Transportation Projects – Complete Streets
Please attend to show support – learn more here.
The space required to transport 60 people
By car, bus or bicycle
National Zoo blocks pedestrian access from the east
Temporary fences all the way across the shoulder, police stationed to keep peds away and a report of a jogger hit… all in all does not sound like good planning for accommodate pedestrians during temporary construction.
Continue reading “National Zoo blocks pedestrian access from the east”
Drive Safe Contest Extended–We need your help!
CONTEST EXTENDED for both Video and Caption Submissions! SUBMIT CAPTIONS OR VIDEOS UNTIL APRIL 30, 2010. VOTING/VIEWING BEGINS MAY 1, 2010
In an effort to get representation from the entire Baltimore region we are extending the contest and looking for entries from Anne Arundel, Baltimore, Carroll, Harford, Howard Counties and Baltimore City.
If you are a young driver or have family or friends who are, please participate or encourage them to. This is a great opportunity to spread our message that Distracted Driving is Dangerous!
Baltimore Metropolitan Council/Baltimore Regional Transportation Board
Continue reading “Drive Safe Contest Extended–We need your help!”
Motorists Should Slow Down and Watch for Bicyclists
[in response to Daniel O’Neal Vona’s Letter, "Md’s New Three-Foot Rule won’t make bicyclists safer".]
Md’s new three-foot rule is intended to make motorists aware that they are sharing the road with bicyclists. Tragically, it took the death of bicyclist Larry Bensky to persuade the legislature, after 5 years, to finally pass this safety legislation.
Since the folks in Northern Baltimore County have opposed safety improvements like road widening and eliminating blind spots; to retain the rural, scenic charater of their roads; everyone who uses these roads needs to be extra careful. It’s not just bicyclists. There are school buses picking up and dropping off children. Carriers are delivering mail to residences. Tractors and horse trailers are extra wide, sometimes causing opposing traffic to have to pull over. As a motorist, I find it easier and safer to have to slow down and wait until it’s safe to pass a bicyclist then to have to stop and pull off the road for a horse trailer or tractor. But they are all part of N. Baltimore County’s rural heritage and should be respected.
People need to put aside their "me first" culture and begin looking out and caring for our fellow citizens. That bicyclist could be your doctor, accountant, or pharmacist – and a child’s mom or dad. Treat him/her like you would like someone else to treat your loved ones. Bicycling is a wonderful way to exercise , lose weight, and enjoy those treasured rural areas that are protected from development by zoning laws and tax dollars used to purchase development rights.
Requiring motorists to have to wait until it’s safe to pass a bicyclist is not giving bicyclists special treatment. The overtaking vehicle always has the duty to use due care and wait until it’s safe to pass. Also, most bicyclists wear bright clothing, making them easily seen. Blinking lights are only needed at night or during poor visibility in rain or fog. However, the combination of "Share the Road" signs and paved pulloffs on uphills, where bicyclists go slower, would facilitate easier passing and enhance safety.
Jeffrey H. Marks
Madison Avenue Bicycle Boulevard
By North Baltimore Bike Brigade
Biking around town, I discovered some very nice street treatments that diverted vehicular traffic but allowed pedestrian and bicycle traffic. Anywhere else in the world, this is a bicycle boulevard treatment. Here in Baltimore, I was taken a little off guard.
The two traffic diverters (Madison at Bloom and Robert), coupled with the Eutaw Marshburn Elementary School form an almost perfect bicycle boulevard. Riding at rush hour this morning presented no traffic north of McMechen and only a couple cars south of McMechen. Took this down to the future MLK, Jr. Sidepath and down around Camden Yards.
So, what do you think? With the community’s approval, should we push for this as a bike boulevard? Yes, Guilford Ave is still in the works, but Madison is already built.
Continue reading “Madison Avenue Bicycle Boulevard”
Memorable bicycle ride brings wounded warriors to Gettysburg
BY B.J. SMALL – Times Editor
“You see people coming out; taking time out of their day to watch some guys that have served their nation pass by on bikes,” Army Lt. Col. Greg Gadson says. “It’s just a huge pump-up; an adrenalin flow of patriotism. You feel so proud to be an American.”
Seventy injured veterans of the wars in Iraq and Afghanistan will be in the field of 370 bicycle riders who will make the 110-mile journey from the nation’s Capitol to hallowed Civil War battlegrounds later this month.
The 10th “Face of America” ride will leave the National Mall on Saturday morning, April 24, and wind its way to Gettysburg the next afternoon.
The effort is awesome to those watching along the route, and inspiring to the veterans and supporters who ride shoulder-to-shoulder.
Continue reading “Memorable bicycle ride brings wounded warriors to Gettysburg”
Maryland Legislation Final Outcomes
By Washcycle
Some good news. Among other things, cyclist in Maryland will no longer be required to use the shoulder just because one is present. And while criminally negligent driving that results in a death won’t be a misdemeanor, negligent driving that results in a death may result in a $1000 fine and a 180 suspension of a driver’s license.
SB 189, suspension of driver’s license for
reckless or
negligent driving that leads to a fatality: Passed.HB 282, Declaring that it is the policy of the
State that
the Maryland Department of Transportation shall work to ensure that
there is an
appropriate balance between funding for specified transportation
projects for
pedestrians and bicycle riders and specified highway construction
projects and
place increased emphasis on specified transportation projects:
Passed.SB 624, removing the mandate that bicyclists
ride on a
shoulder when one is present and allowing a bicyclist to cross a street
in a
crosswalk when riding on the adjacent sidewalks is legal, and requiring
vehicle
drivers to yield to cyclists in a crosswalk: Passed.SB 870, Making it a misdemeanor for a person to
cause the
death of another as a result of the person’s driving, operating, or
controlling
a vehicle or vessel in a criminally negligent manner: Failed.
The last bill is the three feet passing bill. As Contrarian points out it’s pretty weak. I don’t agree that it makes things worse because of part 1 that still requires due care. But the exceptions make it worthless beyond the symbolism. There is now a 3 feet law, but it has no teeth.
(a) Notwithstanding any other provision of this title, the driver of a vehicle shall
(1) Exercise due care to avoid colliding with any bicycle, EPAMD, or motor scooter being ridden by a person; AND
(2) WHEN OVERTAKING A BICYCLE, AN EPAMD, OR A MOTOR SCOOTER, PASS SAFELY AT A DISTANCE OF NOT LESS THAN 3 FEET, UNLESS, AT THE TIME:(I) THE
BICYCLE, EPAMD, OR MOTOR SCOOTER RIDER FAILS TO OPERATE THE VEHICLE IN
CONFORMANCE WITH § 21–1205(A) OF THIS SUBTITLE (“RIDING TO RIGHT SIDE
OF ROADWAY”) OR § 21–1205.1(B) OF THIS SUBTITLE (“ROADWAY WITH BIKE
LANE OR SHOULDER PAVED TO SMOOTH SURFACE”); OR
(II) A PASSING CLEARANCE OF LESS THAN 3 FEET IS CAUSED SOLELY BY THE
BICYCLE, EPAMD, OR MOTOR SCOOTER RIDER FAILING TO MAINTAIN A STEADY
COURSE.(III) THE
HIGHWAY ON WHICH THE VEHICLE IS BEING DRIVEN IS NOT WIDE ENOUGH TO LAWFULLY PASS THE BICYCLE, EPAMD, OR MOTOR SCOOTER AT A DISTANCE OF AT LEAST 3 FEET.
So if the lane [Law says Highway, which is all lanes] is too narrow for safe passing, you can go ahead and pass in an unsafe manner. I’d like to see LAB not give them credit for this poor law. This is not a three feet passing law. It’s a sham. Though I do like that the MSM is reporting it without caveats. It helps if people believe they always have to give three feet.
Legally, bikes do have a right to the roadways,
in most cases in most jurisdictions. Those rights have been expanded in
D.C. and Maryland where a 3-foot rule has been passed. That rule directs
drivers to give cyclists a 3-foot buffer. Harrison cites that as a
national trend.
Three-foot rule won’t make bicyclists safer
The road bicyclists use the death of one of their own this week to lobby the state for a mandatory three-foot buffer from cars. These road bicyclists choose some of the worst roads to ride on, rural route roads like Falls Road and the side roads of Upperco in Baltimore County, where if the state of Maryland wanted to do anything rational, it would ban the use of bicycles on all rural route roads without shoulders because it isn’t safe to operate bicycles on them.
These twisty, windy roads with blind corners and rapidly changing elevations and without shoulders are constantly used by commercial vehicles like horse trailers, farm equipment and people towing machinery, which many times extends beyond the lane they are traveling in. Motorists traveling in the opposite direction many times have to more off the road to allow these vehicles to pass. These cyclists expect to get a three-foot buffer on these roads? It is not possible.
Instead, these cyclists, who I see constantly without the proper safety equipment (rear-view mirrors on their bicycles or helmets and blinking lights on their bicycles) want to be given special treatment. Just using the picture in The Sun from Tuesday, not one of the people pictured atop a cycle is employing this equipment. They want to operate on roads where they are a danger to themselves and other motorists and constitute a public nuisance.
It is simply impossible to have a three-foot buffer for them on these roads. A three-foot buffer would require bicyclists to be riding on a wide shoulder or bike lane and the motorist to actually move about a foot into another lane to pass them. This is not possible on these roads, where the motorist would be required to cross over a double yellow every time a cyclist is encountered. Many times, due to the speed and the nature of these winding roads with blind turns, and the fact cyclists do not employ any safety equipment like blinking lights, the motorist will have to take this action suddenly because the cyclist will appear suddenly. Furthermore, because most cyclists do not use rear-view mirrors, they have no idea a car is bearing down on them and cannot even check for approaching cars. The motorists of the opposite side of the in this situation could easily find themselves in a head-on collision.
The fact is, this proposed three-foot buffer will probably encourage even more cyclists to use these roads because it is going to give them a false sense of security. This will probably sadly result in more cyclists being killed and worse road conditions on already dangerous roads for motorists.
– Daniel O’Neal Vona, Baltimore
Continue reading “Three-foot rule won’t make bicyclists safer”