From: Steve Fowler [mailto:SMF@pffwv.com]
Sent: Wednesday, November 20, 2013 4:13 PM
To: Don Spencer; Emmett Pepper; Gary Zuckett
Cc: Christiaan Abildso; Frank Gmeindl; Greg Garrett; Kasey Russell; John Francis; Strawn, Dennis A; Craig Slaughter; Patrick Donovan; Rahul Gupta
Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
The language is from the Colorado Statute that the League holds out as a model.
From: Don Spencer [mailto:dspencer36@comcast.net]
Sent: Wednesday, November 20, 2013 4:08 PM
To: Steve Fowler; 'Emmett Pepper'; 'Gary Zuckett'
Cc: 'Christiaan Abildso'; 'Frank Gmeindl'; 'Greg Garrett'; 'Kasey Russell'; 'John Francis'; 'Dennis A Strawn'; 'Craig Slaughter'; 'Patrick Donovan'; 'Rahul Gupta'
Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Steve – My first reaction to your words, “far enough to the right as judged safe by the bicyclist to facilitate of movement of overtaking vehicles” is that it is 1) a bit cumbersome and too complex – especially for persons taking a DMV driving test, 2) too much like the current “as far to the right as possible”, and 3) unenforceable by law enforcement personnel. I think we have to let go of the dysfunctional “far to the right” mindset and have confidence in the much greater safety for cyclists which comes when cyclists act as legitimate and responsible vehicles on roadways. As the film shows there is no greater assurance of safety which accrues to a cyclist by being as “far to the right”. In fact the vulnerability is usually greater for the numerous reasons carefully presented.
Don
From: Steve Fowler [mailto:SMF@pffwv.com]
Sent: Wednesday, November 20, 2013 8:49 AM
To: Emmett Pepper; Gary Zuckett
Cc: Christiaan Abildso; Frank Gmeindl; Greg Garrett; Kasey Russell; John Francis; Dennis A Strawn; Craig Slaughter; Patrick Donovan; Rahul Gupta; Don Spencer
Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Here is my draft of the platform to pursue in this legislative session:
Overhaul our current code to make WV a bicycle friendly state in the WV Code. Repeal the “as far right as practicable” and replace it with “far enough to the right as judged safe by the bicyclist to facilitate of movement of overtaking vehicles”. Adopt a vulnerable user statute. Repeal law that requires bike path use and prohibits use of the adjacent roadway. Repeal the mandatory bicycle bell law. Adopt a three foot passing rule.
We can prepare packets of info with a copy of the bike video, and materials from the League of American Bicyclists to demonstrate that these are model statutes being adopted in forward thinking states.
If this agenda is too ambitious for the legislators we meet with, then we will focus on the repeal of the “as far right as practicable” statute.
Kasey, the League of American Bicyclists used to be called the League of American Wheelmen. I’m not sure when they changed their name.
From: Emmett Pepper [mailto:epepper@vt.edu]
Sent: Wednesday, November 20, 2013 4:50 AM
To: Gary Zuckett
Cc: Christiaan Abildso; Frank Gmeindl; Greg Garrett; Kasey Russell; John Francis; Steve Fowler; Dennis A Strawn; Craig Slaughter; Patrick Donovan; Rahul Gupta; Don Spencer
Subject: RE: [Bikeboard] WVCC Legislative Committee Meeting
Playing that video in committee would be great. Also, maybe a table in the hallway with a computer setup for people to watch it? I'm envisioning a big banner that says something like "Forcing bicycles to the right is unsafe" to catch people's eye. You all would know better than I if that is a cost-effective use of resources, but I know I like to stop at tables during the session.
Also, forgive my ignorance on this, but are there committee staffers who could benefit from educating ahead of the session? Having people behind the scenes who understand where we are coming from might be a good strategy since I think there generally needs to be education on our positions. Until I saw this video, I didn't fully understand why forcing people on bikes to the right was bad. This could also help with getting the video onto the committee agenda.
-Emmett
P.S. Is Charleston's newly revised trestle rail-trail plan a finalized document or is commenting ongoing? Put another way, is there an outlet for involvement in these issues at the local level here in Charleston?
This is an excellent educational tool for our campaign. We need to figure how to get the legislators to watch it. Maybe get permission to play it in committee when bill is discussed?
From: Frank Gmeindl [mailto:fgmeindl@gmail.com]
Sent: Tuesday, November 19, 2013 3:49 PM
To: Steve Fowler
Cc: Emmett Pepper; Strawn, Dennis A; John Francis; Kasey Russell; Rahul Gupta; Greg Garrett; Gary Zuckett; bikeboard@bikemorgantown.com Board; Patrick Donovan; Christiaan Abildso; Craig Slaughter; Don Spencer
Subject: Re: [Bikeboard] WVCC Legislative Committee Meeting
WVCC Legislative Committee Members,
The cyclist must be allowed to choose a lane position that avoids these hazards.
A 3-foot passing law will not mitigate:
* motorists pulling out in front of edge-riding bicyclists;
* right-turning vehicles colliding with edge-riding cyclists (right hook);
* on-coming left-turning vehicles crashing into edge-riding cyclists (left cross);
* overtaking vehicles rear-ending cyclists who make left turns from the right side of the road;
* edge-riding cyclists crashing because of debris, potholes, cracks, animals and pedestrians that are more prevalent at the right edge of the roadway.
Repealing 17C-11-5 (a) will free cyclists to choose a lane position that minimizes these hazards as well as close passes.
Frank D. Gmeindl
LCI #1703
491 Wilson Avenue
Morgantown, WV 26501
304-376-0446
Cyclists fare best when they act and are treated as drivers of vehicles
On Nov 18, 2013, at 9:26 AM, Steve Fowler wrote:
I would propose the following;
1. Do we focus on the passage of the “three foot rule” or attempt to clean up all the problem statutes?
2. Current law for passing a bike requires an audible signal, and then passing and returning to the lane of travel only when “safe”. Almost no one follows this law when passing a bicycle. An easy to understand “three foot rule” would be much better.
a/ 17C-11-5(a) “as near to the right side of the roadway as practicable”
Fix – Colorado law “far enough to the right as judged safe by the bicyclist to facilitate the movement of overtaking vehicles”
b/ 17C-11-5(c) Have to use a bike path
c/ 17C-11-7(b) have to use a bell