NEW HIKER-BIKER PATH ALONG MD 51

Via email:

STATE HIGHWAY
ADMINISTRATION BUILDS NEW HIKER-BIKER PATH ALONG MD 51 NEAR C&O CANAL’S PAW
PAW TUNNEL IN ALLEGANY COUNTY

Half-Mile-Long Shared
Use Path is Part of $3.2 Million Resurfacing Project along MD
51

(July 17,
2014)
– This fall,
bicyclists and hikers will have a safer way to access the MD 51 (Oldtown Road)
Bridge over the Potomac River from the C&O Canal Towpath near the PawPaw
Tunnel in Western Maryland. The State Highway Administration (SHA) partnered
with the National Park Service to design a new shared-use path along the south
side of MD 51, between the towpath trailhead and the Potomac River
Bridge.

“A popular
side trip for hikers and bicyclists on the towpath has been to leave the trail
and follow MD 51 about half a mile to the bridge to stop in town in Paw Paw,
W.Va., or use the river access there, but as a winding, two-lane road without
shoulders, MD 51 was not particularly friendly to bicylists or pedestrians,”
said SHA District Engineer Anthony Crawford. “We are pleased to partner with the
Park Service to design a safe, attractive and environmentally-friendly
solution.”

SHA is
constructing the 1,700 foot-long, 10-foot-wide shared-use path as part of a
resurfacing project on MD 51. The path will be separated from the roadway with a
concrete barrier topped with fencing. Weather permitting, it will be complete in
October.

Do cyclists get a fair shake with the law?

It just came to my attention that Whitney Decesaris was never charged with this:

§ 2-210. Manslaughter by vehicle or vessel — Criminal negligence

. (a) “Vehicle” defined. — In this section, “vehicle” includes a motor vehicle, streetcar, locomotive, engine, and train.

. (b) Prohibited. — A person may not cause the death of another as the result of the person’s driving, operating, or controlling a vehicle or vessel in a criminally negligent manner.

. (c) Criminal negligence. — For purposes of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:

. . (1) the person should be aware, but fails to perceive, that the person’s conduct creates a substantial and unjustifiable risk that such a result will occur; and

. . (2) the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.

. (d) Exception. — It is not a violation of this section for a person to cause the death of another as the result of the person’s driving, operating, or controlling a vehicle or vessel in a negligent manner.

. (e) Violation. — A violation of this section is criminally negligent manslaughter by vehicle or vessel.

. (f) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.

Note: this is a misdemeanor charge and not a criminal charge like what the Grand Jury acquitted her of.

Remember Nathan Krasnopoler when the police refused to acknowledge the law that gave cyclists the right-of-way in a bike lane? It looks like something similar is going on here.