Don,
Ray Lewis offers us an option that we should pursue: "File a request
with the FHWA for Permission to Experiment with either or both of these
new traffic control devices; the DOH would entertain a permit
application for any affected State facilities, once the City has this
in hand." That's how Pgh got theirs.
Frank
-------- Original Message --------
Subject: FW: [Fwd: Re: capital]
Date: Thu, 18 Dec 2008 07:38:44 -0500
From: Robinson, Bill C <Bill.C.Robinson(a)wv.gov>
To: Frank Gmeindl <fgmeindl(a)verizon.net>
CC: Kimberly Jo Broughton <kimbroughton(a)verizon.net>
*Frank -- *
* *
*I forwarded your E-mail to the Traffic Engineering Division. This is
their reply on your interpretation of the situation; they end on the
possible options for the City at this point.*
*William C. Robinson***
*State Trail Coordinator*
*Progam Manager, Recreational Trails Program *
*WVDOH Bicycle/Pedestrian Coordinator*
*Chairman, West Virginia Recreational Trails Advisory Board*
* *
*West Virginia Department of Transportation*
*Division of Highways*
*Program Planning and Administration Division*
*1900 Kanawha Boulevard, East*
*Building 5, Room 863*
*Charleston, West Virginia 25305-0430*
*(304)558-9615 Fax -- (304)558-3783*
*bill.c.robinson(a)wv.gov <mailto:bill.c.robinson@wv.gov>*
*_"_**The life of the artist is, in relation to his work, stern and
lonely. He has labored hard,*
*often amid depravation, to perfect his skill. He has turned aside from
quick success in*
*order to strip his vision of everything secondary or cheapening. His
working life is*
*marked by intense application and intense discipline." - John F.
Kennedy, 1962 *
* *
*From:* Lewis, Ray C
*Sent:* Wednesday, December 17, 2008 1:43 PM
*To:* Robinson, Bill C
*Subject:* RE: [Fwd: Re: capital]
Bill:
Based on our discussion, and the attached e-mails, I would like to
provide some clarifications. The City's position, expressed by Mr.
Spencer, is that the sign and shared lane markings are approved traffic
control devices. This is not the case. The MUTCD to which they are
referring is the PROPOSESD 2009 Edition, which is currently the subject
of a Notice of Proposed Amendment published in the FEDERAL REGISTER on
January 2, 2008.
There were over 1400 comments, mostly multi-part comments, received on
the Notice. The FHWA is now faced with the task of reviewing and
evaluating the comments before the new MUTCD can be adopted. It will
not be official until the FEDERAL REGISTER notice adopting it is
published. In the meantime, the States have asked that a Supplemental
Notice of Proposed Amendment be published so that the many stakeholders
in the MUTCD can review and comment on a version with the comments
addressed.
State Law requires that the Commissioner of Highways adopt a manual and
specifications for a uniform system of traffic control devices
consistent with "this chapter" [Chapter 17C] for use upon highways in
this state. Such uniform system shall correlate with and so far as
possible conform to the system THEN CURRENT (my emphasis) as approved by
the American Association of State Highway [and Transportation]
Officials. The current system is found in the 2003 MUTCD, which does
not contain either the bicycle markings or the BICYCLES MAY USE FULL
LANE sign. Both State and Federal law and regulations require
conformity with the current MUTCD. WEST VIRGINIA CODE §17-3-3 makes the
MUTCD applicable to municipal streets; WEST VIRGINIA CODE §17-3-2
prohibits the installation of traffic control devices on state highways
without the approval of the Commissioner of Highways.
Chapter 17C-11 of the Code contains provisions which are incompatible
with the use of the bicycle chevrons, such as the requirement that
riders travel as far to the right as practicable; a provision that
bicyclists may ride two abreast; and the provision that traffic laws
apply to persons riding bicycles. In regard to the last, The CODE
prohibits, at §17C-6-3a(a), the operation of a vehicle in such a way
that it impedes the normal and reasonable flow of traffic. The
artificial placement of bicyclists to the left will increase the
difficulty for other vehicles to pass.
The UNIFORM VEHICLE CODE is not in play in the resolution of this
issue. The UVC is a model code, like many other model codes. There is
no requirement that West Virginia adopt it, or conform to it. The WV
Code language governs in all cases. We were able for several years to
have bills introduced in the Legislature to have the WV CODE brought
into conformity with the UVC; our efforts repeatedly failed.
I told Mr. Spencer in a telephone conversation last Thursday that I
would be willing to meet with a delegation from Morgantown at such time
as they could present new information. From our perspective, the City
presently has two alternatives open to them:
1) Apply for a permit (where State-maintained streets are involved
and install SHARE THE ROAD signs, which are an approved traffic control
device; or
2) File a request with the FHWA for Permission to Experiment with
either or both of these new traffic control devices; the DOH would
entertain a permit application for any affected State facilities, once
the City has this in hand.
Ray Lewis
Staff Engineer -- Traffic Research
and Special Projects
WVDOT, Division of Highways
1900 Kanawha Blvd. East
Charleston, WV 25305
Telephone: (304) 558-9451
Fax: (304) 558-1209
e-Mail: ray.C.lewis(a)wv.gov <mailto:ray.C.lewis@wv.gov>
*From:* Robinson, Bill C
*Sent:* Monday, December 15, 2008 3:31 PM
*Subject:* FW: [Fwd: Re: capital]
*FYI -- *
* *
*Response from Morgantown to my E-mail this morning...*
* *
*Bill*
* *
*From:* Frank Gmeindl [mailto:fgmeindl@verizon.net]
*Sent:* Monday, December 15, 2008 1:54 PM
*To:* Robinson, Bill C
*Cc:* Kimberly Jo; Don Spencer; Jennie Selin; Glagola, Charlene
*Subject:* Re: [Fwd: Re: capital]
Bill,
Check the code. It says as far to the right as *practicable*, not
possible.
The Uniform Vehicle Code Section 11-1205 Position on a roadway, provides
some clarification:
(a) Any person operating a bicycle upon a roadway at less than the
normal speed of traffic at the time and place and under the conditions
then existing shall ride as close as practicable to the right-hand curb
or edge of the roadway except under any of the following situations:
1. When overtaking and passing another bicycle or vehicle proceeding
in the same direction.
2. When preparing for a left turn at an intersection or into a
private road or driveway.
3. When reasonably necessary to avoid conditions including but not
limited to: fixed or moving objects; parked or moving vehicles;
bicycle; pedestrians; animals; surface hazards; or sub-standard
width lanes that make it unsafe to continue along the right-had
curb or edge. For purposes of this section, a "sub-standard width
lane" is a lane that is too narrow for a bicycle and a motor
vehicle to travel safely side by side within the lane.
When the WV code says ride as near to the right side of the roadway as
practicable, it means to ride as near as can reasonably accomplished
under the circumstances to the right.
Approximately 40 other state's codes have similar "far to the right"
clauses. I doubt the FHWA would publish a MUTCD that violates those
state's laws. The new MUTCD recognizes that cyclists and motorists
might need some help understanding the intent of the code. Section
9C.07 Shared Lane Marking states, "The Shared Lane Marking shown in
Figure 9C-9 may be used to:
A. Assist bicyclists with lateral positioning in a shared lane with
on-street parallel parking in order to reduce the chance of a
bicyclist's impacting the open door of a parked vehicle,
B. Assist bicyclists with lateral positioning in lanes that are too
narrow for a motor vehicle and a bicycle to travel side by side within
the same traffic lane,
C. Alert road users of the lateral location bicyclists are likely to
occupy within the traveled way,
D. Encourage safe passing of bicyclists by motorists, and
E. Reduce the incidence of wrong-way bicycling."
We need that in Morgantown.
Concerning the Bicycles May Use Full Lane signs, Section 9B.06 Bicycles
May Use Full Lane Sign (R4-11) states, "The Bicycles May Use Full Lane
(R4-11) sign may be used on roadways where no bicycle lanes or adjacent
shoulders usable by bicyclists are present and where travel lanes are
too narrow for bicyclists and motor vehicles to operate side by side.
The Bicycles May Use Full Lane sign may be used in locations where it is
important to inform road users that bicyclists might occupy the travel
lane."
I understand that Don Spencer, Deputy Mayor has been trying to set up a
meeting with Ray Lewis. I hope that the meeting will be arranged so we
will have the opportunity to reach a meeting of the minds.
Frank Gmeindl
Chairman, Morgantown Municipal Bicycle Board
Robinson, Bill C wrote:
Kim -
I talked this morning to Cindy Cramer, who is the Acting Director for
Traffic Engineering Division. She said that the people from Morgantown
needed to talk to Ray Lewis (558-9451) or Travis Miller (558-9455) about
the signage issue.
I had a copy of the October 30, 2008 letter, I just didn't realize it
was the one that everyone was talking about. The bottom line is that
state code says that bikes have to ride as far to the right as possible.
The signage/markings being discussed either explicitly, or implicitly,
encouraged bicyclist to utilize the entire lane. While the City could
decide to do whatever they want on the City maintained streets, the City
is justifiably concerned about liability about posting signs and
markings that seem to contradict State code.
If the City has issues with WVDOH's position, then they need to schedule
a meeting with either of the two Traffic Engineering personnel above.
If I were the City, I would explore marking the routes with
markings/signage presently being utilized that emphasized that the
bicyclists must keep to the right, but that is their call. I
recommended the signage/markings to the Rahall Transportation Institute
(RTI) for a project they were doing in Huntington. After discovering
the conflict with State Code, they are considering using conventional
signage markings and moving them to the right. In fact, my contact at
RTI had recently viewed a similar signage/marking system in Louisville,
Ky.
While this may be a temporary setback, both the City and DOH had
concerns, it isn't that the WVDOH acted unilaterally or is discouraging
the overall idea of the bicycle routes.
Bill Robinson
WVDOH
