Correction of Senate Bill 51 requested

Recently in the Columbia Patch:
Senate Bill 51
requires drivers to safely pass cyclists by maintaining a minimum
distance of three feet, as long as the road is wide enough to safely do
so. In return, cyclists must stay to the right side of the road (or the
bike lane, if applicable) and maintain a steady course while the vehicle
passes

https://columbia.patch.com/articles/a-spotlight-on-exercising-safely-in-the-dark

And on a DC area Law blog:

Senate Bill 51:

  • “Requires a driver of a vehicle to safely overtake a bicycle,
    electric personal assistive mobility device (EPAMD), or a motor scooter
    at a distance of at least three feet, unless at the time, the bicycle,
    EPAMD,or motor scooter rider fails to ride to the right side of the
    roadway, comply with a requirement to ride in a bike lane or shoulder,
    or maintain a steady course.
  • The passing rule under the bill also does not apply if 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 three feet.”

https://injurylaw.reganfirm.com/2010/10/articles/automobile-accidents/marylands-new-bicycling-laws/

And in the Examiner:

Maryland enacts pathetic excuse for three feet passing law

Senate Bill 51 requires a driver of a vehicle to safely overtake a
bicycle, electric personal assistive mobility device (EPAMD), or a motor
scooter at a distance of at least three feet, unless at the time, the
bicycle, EPAMD, or motor scooter rider fails to ride to the right side
of the roadway, comply with a requirement to ride in a bike lane or
shoulder, or maintain a steady course. The passing rule under the bill
also does not apply if 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 three feet.


https://www.examiner.com/alternative-transportation-in-tulsa/maryland-enacts-pathetic-excuse-for-three-feet-passing-law
(Read this article how the above summary would be read from a windshield perspective, pretty horrifying for getting additional legal protection via this bill.)


To the authors of the above articles I would like to point out where we have the corrected summaries of laws:
https://www.mva.maryland.gov/Driver-Safety/Bicycle/default.htm

and I will highlight:

  • Drivers shall exercise due care to avoid colliding

    with any bicycle, Electric Personal Assistive Mobility Device (EPAMD), or motor scooter being ridden by a person.

  • The driver of a vehicle must not pass any closer than three (3) feet to a bicycle or motor scooter if the bicycle is operated in a lawful manner. It is not lawful to ride against traffic.

As that is the summery of TR § 21-1209 which Senate Bill 51 modified.
As for a discussion what the heck do all those clauses mean in SB 51 see:
https://www.baltimorespokes.org/article.php?story=20101005122814769


To those working on correcting the summaries, per my Google search this is the offending document:
https://mlis.state.md.us/2010rs/90-Day-report/Part-G.pdf

Senate Bill
51 (passed) requires a driver of a vehicle to safely overtake a bicycle, electric personal assistive mobility device (EPAMD), or a motor scooter at a distance of at least three feet, unless at the time, the bicycle, EPAMD, or motor scooter rider fails to ride to the right side of the roadway, comply with a requirement to ride in a bike lane or shoulder, or maintain a steady course. The passing rule under the bill also does not apply if the highway on which the vehicle is being driven is not wide enough


Again let me express my displeasure on not mentioning this is in addition to exercising due care, how poorly a lawful riding cyclists is described, the selection of the secondary clause over the primary clause “less than 3 feet is caused solely by the bicyclist” and poorly summarizing the exception to an extremely rare road type both in occurrence and in conflicts.

I hope that all official documents in
relation to our 3′ safe passing distance bill will be corrected, thanks.

BaltimoreSpokes.org

Latest on Jack Yates

The family of a Baltimore man who was killed last year when his bicycle collided with a large truck has settled a lawsuit against the alleged hit-and-run driver and Potts & Callahan Inc. Trial in the case was scheduled to begin on Monday. However, attorneys for John R. Yates’ survivors and the defendants struck the […]
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[B’ Spokes: That’s all the info available to those who don’t subscribe (pay) to the Daily Record so I hope that is good news and justice was done. (Trucks turning across the path of a cyclist without signaling and not being at fault makes my blood boil.)]
Continue reading “Latest on Jack Yates”

What good are crosswalks anyway?

At intersections, watch for cars, pedestrians AND bicycles
A Sterling Park Virginia bike accident results in the biker getting crushed and then getting a ticket, despite being waved on by at least one car driver. The local biker contacted Abrams Landau after being struck by a car in Sterling Virginia and being issued a Traffic Court Summons at the hospital. Member of the Landau Law Shop sports injury team had heard of other cyclists and pedestrians receiving their citations at the hospital, but it always strikes Herndon lawyer Doug landau as “adding insult to injury,” especially where permanent injuries and disability are likely. In this case, as the local biker was headed West on the W&OD Trail from Herndon toward Sterling Virginia, he came to Sterling Virginia and then two lanes of motor vehicles heading South toward Route 28 (Sully Road) in Loudoun County.
There was no traffic in the first two lanes, so the cyclist crossed safely to the center grass and paved strip. the car in the first Southbound lane stopped and waved him and another cyclist to proceed. The other cyclist proceeded safely to get back on the W&OD Trail, however the local biker was struck broadside in the 4th lane by a car that never saw the athlete or his bicycle. The local cyclist was taken to the emergency room after this “T-bone” crash with fractures, lacerations and permanent injuries and scarring. However, the police officer charged the biker. Citing the lack of certain reflectors; lights during the evening ride and failure to wait for both lanes of Southbound traffic to stop and signal that it was safe to proceed, the Virginia law enforcement authorities charged the bike rider after the crash.
The lesson to be learned is that a cyclist should make sure that ALL lanes are clear before leaving the island or safety of the median strip. If you are not waived through and making eye contact, then think twice about cycling across the road. Just because you are following the W&OD Trail, it does NOT mean you have the right of way or superior rights when crossing the lanes of motorized traffic. Your bicycle commuting time, training ride or recreational spin make take longer, but your odds of returning safely should be your primary focus. Be alert, be smart and cycle safely.
Continue reading “What good are crosswalks anyway?”

Grant paves way for Hyattsville pedestrian, cyclist improvements (Baltimore County eat your heart out.)

Bike lanes, sidewalk widening among changes considered
by Daniel Leaderman | Staff Writer – Gazette
Bicycle and walking routes may soon improve in Hyattsville, thanks to an $110,000 state grant for the city to improve pedestrian and bicycle transit.
"We have two of the most-used Metro stations in the area; it would certainly behoove us [for] people to bike and walk there safely," said Jim Chandler, Hyattsville’s community development manager.
There are some bike lanes already in Hyattsville — such as on Hamilton Street near Magruder Park, Chandler said — but they don’t connect to other trails or bicycle routes such as the Anacostia Tributary Trails System.

The funds were award through the state’s Community Legacy Program, which sponsors revitalization projects by local governments and community development organizations.

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[B’ Spokes: Granted there is a need in Hyattsville but what about Baltimore County, there is no need there? Why does it seem easier to get money from a new $4M state funded program to a few projects then tap the much larger $25M in Transportation Enhancement funds from the Feds for even more projects? We pass laws so MDOT will fund these types of projects but MDOT still doesn’t get it IMHO. ]
Continue reading “Grant paves way for Hyattsville pedestrian, cyclist improvements (Baltimore County eat your heart out.)”

The Tough New Vancouver Drunk Driving Laws – An Attempt to Protect the Innocent, or a Self-Serving Money Grab?

by Average Joe Cyclist

If I had to pinpoint the one news story that has disturbed me the most this year, it would definitely be the trial of Carol Berner, the woman who apparently downed most of a bottle of wine before mowing down four-year-old Alexa Middelaer, while the little girl was feeding a horse at the edge of a quiet street in Delta. I do have some sympathy for Berner, who made a tragic mistake and will have to live with it forever.

But mainly, as a parent of three wonderful daughters, I just feel overwhelming sympathy for the parents of that beautiful little girl. Watching them talk on TV over the past few months, I have actually wept for them. And they are not the only parents to have suffered such a tragedy …

So of course I was happy on September 20th, when the BC Government changed the Motor Vehicle Act, announcing that it was introducing the toughest drinking and driving laws in Canada. Effectively, the limit for blood alcohol levels was decreased right down to 0.05, meaning that small people cannot risk even one glass of wine. Even though this means that Maggie and I will no longer be able to go out for dinner and a bottle of wine, if it saves one family from that kind of grief, who am I to complain about minor inconveniences?

Drunk driving can cause devastating accidents. Photo by Hussein Isa

However, right back when it was introduced, the Times Colonist warned that “Critics of the new law say it will effectively `decriminalize’ drunk driving by having many cases dealt with roadside instead of in a courtroom”. I didn’t even notice that warning – I was too busy being happy that cyclists, pedestrians and innocent motorists would be in less danger from impaired drivers.

Has our DUI  Criminal Process been Turned into Nothing but an Administrative Process?

Two months in, lawyer Michael Shapray is saying that what has really happened is that the government has come up with a regime to turn the criminal process that used to handle drunk drivers into an administrative process. Shapray is upset because the number of DUI clients coming into his offices has plummeted. He believes the government’s real motive is to alleviate the pressure on the courts, which are hamstrung by a shortage of judges and prosecutors.

Apparently police used to send suspected DUI drivers in for breathalysers, which initiated criminal charges that often ended up in the courts (providing plenty of business for lawyers). Now, if drivers fail a roadside screening breath test, police just seize their cars and impose the new administrative penalties. This saves the police a lot of paperwork and the courts a lot of cases. It also nets a lot of money for government, as those who blow a “fail” end up paying about $4,000 in administrative penalties. (A heavy hit for those who may have had just two glasses of wine; a get-out-of-jail-almost-free ticket for the very drunk.)

When I read this, I began to think that a move that has been hailed as Canada’s toughest ever crackdown on drunk drivers was just a clever sleight of hand, designed to create the impression of cracking down, while secretly just helping balance the budget by taking pressure off the courts and bringing in revenue.

The Tragic Results of Impaired Driving

However, I changed my mind this morning, listening to an interview on CBC with an emergency room doctor. He spoke about dealing every day with the severely injured or dying victims of drunk drivers. He spoke of the horror of having to give parents the devastating news that their child has been killed by a drunk driver. As he said, these parents will never be the same again (and I know that from personal experience too). This doctor applauded the new laws, saying that the number of victims of drunk drivers coming into his emergency room has plummeted since the new legislation came in.

So now I think that whatever the motive for introducing the new tough laws, if they are saving lives and saving people from the agony of losing their loved ones, then I am 100% behind them.

Random Roadside Checks as Well?

Then the doctor added that the laws don’t go far enough:  what we also need is to introduce random roadside checks. He said that in all the countries that have introduced these, accidents caused by drunk drivers have declined dramatically. (These kinds of checks are however opposed by those who believe they invade privacy rights. Personally, I don’t think anyone has the right to be privately drunk on a public road.)

All of this is especially pertinent today, given that Carol Berner has just been released on bail pending her appeal. Despite accepting responsibility for her actions in court, Berner apparently doesn’t think she should actually be punished for them.

Finally, why is this relevant to a cycling blog? Well, the doctor interviewed on CBC noted that drunk driving has been growing steadily over the years, and that presently if you are driving at night, you should expect that at least one in 42 of the cars you see will be driven by impaired drivers. Well, given that I have noticed that drivers often have difficulty noticing cyclists even when they are sober, I find this pretty terrifying.

Remnants of a bicycle after being hit by a sober driver in broad daylight. Apparently, the motorist did not see the cyclist. The cyclist was seriously injured. Photo by Roadside Pictures

So I say, if even tougher laws will make all of us safer (and when I say all of us, I include motorists, pedestrians, cyclists, little children feeding horses and babies in strollers), then bring ’em on!

And I have to say I am finding it hard to care that fewer impaired drivers means lawyers have less work … almost as hard as I am finding it really hard to care that business in pubs and restaurants is down because patrons are drinking less before they get in their cars …

Continue reading “The Tough New Vancouver Drunk Driving Laws – An Attempt to Protect the Innocent, or a Self-Serving Money Grab?”

Long-Range Transportation Plan eyes next step

From Cleveland Daily Banner by DAVID DAVIS, Managing Editor

Most people chose enhancing and maintaining transportation choices as their main goal with a number of people identifying enhancements for bicycles/pedestrians, or enhancements to roadways and intersections as their top priority.
Promoting targeted growth and sustainability received the second highest number of priority votes. Under that category, developing traffic calming options and updating the downtown plan both received a significant number of votes.
A number of people in attendance considered development of green space, or a green corridor plan and establishing gateways as top objectives under the goal of preserving the existing rural character.

Doug Coulter, owner of Scott’s Bikes, who attended the Oct. 18 meeting said it was exciting that Cleveland was looking at transportation through the eyes of the public. His vision is for more bicycle friendliness.
Nothing worth doing is easy, he said, but adults ride bikes to work and children ride them to school in other communities. There is an up-front cost but he said a bicycle and pedestrian friendly infrastructure is cheaper in the long run.
“In Portland, Ore., the biking community is huge,” he said. “They were taking parking areas for cars and changing them into parking for bicycles. They added a lane to a bridge. Instead of adding a lane for cars, they added a lane for bicycles, the cost of that is minuscule compared to adding a lane for cars.”

More people work from a home office or have jobs allowing workers to live just about anywhere. Sprawl, congestion, and continuing growth in vehicle miles traveled continue to challenge efforts to have clean air, a risk to health and quality of life.

Continue reading “Long-Range Transportation Plan eyes next step”

How far right is “practicable?”

In the words of the late great Ed Kerney, former executive director of the
National Committee on Uniform Traffic Laws and Ordinances (NCUTLO),
“practicable” means “possible, reasonable and safe.” The more research
we do on how actual behaviors impact “safe,” the farther to the left
…this position becomes. (from John Schubert)
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