On Mar 7, 2014, at 6:47 PM, gunnar wrote:
On Fri, Mar 7, 2014 at 3:57 PM, Frank Gmeindl fgmeindl@gmail.com wrote:
The WV Senate unanimously passed H.B. 4304 after they slightly amended the bill that the House amended substantially before they passed it to the Senate. If the governor signs it, it will become law July 1.
The bill that the Senate passed is attached and at http://www.legis.state.wv.us/bill_status/bills_text.cfm?billdoc=HB4304%20SUB....
The bill:
- Requires motorists to allow 3-feet when passing a bicycle;
Although it is a nice figure for education purposes, it is not very enforceable. Who has a yard stick while riding or driving? I have advocated for passing in the next lane. Yes, crossing the center line completely. You're crossing over the center partially when passing within 3', why not cross the whole thing to make things safer for everybody? If someone knows that they have to pass in the other lane then they will probably make damn sure that they can, other wise with you gutter riders the cars will pass with the least amount of movement possible. Have the rules for when you're allowed to cross the center (double yellow line) changed? More inconsistency and ambiguity. Bah.
As you, I have found that when I ride in the center or even farther left in narrow lanes, virtually every vehicle that passes me changes lanes to pass. I also wave to them after they've passed and many, if not a majority, wave back or toot. I've even had many coal trucks do that.
- Requires bicyclists to ride in bike lanes or if no bike lane, as close as practicable to the right-hand curb or edge of the roadway... but there are exceptions (read the bill);
Requires us to ride in bike lane, even if poorly or dangerously constructed. Sounds great! How many folks know how to say "practicable" let alone understand what it means? And the rest is nice and ambiguous, probably not enforceable.
The exceptions apply to both riding in bike lanes and in travel lanes. Read exception 3 carefully. See what I put in all caps here: (3) WHEN REASONABLY NECESSARY TO AVOID ANY CONDITION OR POTENTIAL CONFLICT, INCLUDING, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn lane, or substandard-width lane, WHICH MAKES IT UNSAFE TO CONTINUE along the right-hand curb or edge or WITHIN A BICYCLE LANE. For the purposes of this subsection, a “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
The bill that was introduced simply repealed 17C-11-3 (c) which required bicyclists to ride as far to the right as practicable. Instead of repealing 17C-11-3 (c), the House amended it to be the current requirement to ride in bike lanes and far to the right with exceptions. From my reading of the current 17C-11-3 (c), I can hardly think of any situation in which you wouldn't be justified for riding outside the bike lane and away from the right edge. According to the American Association of State and Highway Transportation Officials (AASHTO), the standard that all states use, for a lane to be wide enough for a bicycle and vehicle to travel safely side-by-side within the lane, it would have to be wider than 14-feet. What roads lanes are wider than 14-feet? I'd guess that the lanes on most of the roads we ride are 9-12 feet wide. The lanes on Mon Blvd. are only 13-feet.
- Repeals the requirement for bicyclists to ride on a side path and not the road;
See above.
- Repeals the requirement to have a bell.
"bling bling" Neither here nor there in the grand scheme. Some of my bikes have a bell, some do not. Other than on the rail trail the bell isn't really that useful. When I'm on my bikes all of them have a loud mouth.
And what's up w/ the vehicles having to give audible signal as they pass? Whose idea was that?
The requirement to give an audible signal when passing another vehicle has been in the WV code since at least 1931. In WV, a bicycle is not a vehicle. Note that 17C-7-3 (a) (2) that addresses passing a bicycle, there is no requirement to give an audible signal.
HOOOOONK!!! "Hey I was doing as the law said, sorry if I made you mess your shorts and crash."
The exceptions should make interesting discussion on rides, and certainly with motorists and law enforcement officers. For example, where should you ride in a sub-standard width lane?
I doubt there will be any discussions as the population at large remains ignorant.
Today I rode up Rt 100. You folks w/ skinny tires are not gonna like it there. It's fine though if you know what to expect, have the right equipment and ride with your head up. For probably 90% of the time I was smack dab in the middle of the right hand lane. Any more and it wasn't "practicable" or safe for me. 100% of the cars and trucks passing me did so completely in the other lane. Everyone. And they all just did it. No fussing, no beeping, no swearing. As every car passed me I gave them a small hand-wave/gesture. Every on coming car got that wave/gesture as well. I'm doing my best to show them that we're all out there together.
4ank
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