I'm not sure how you approach this? It nearly requires a discussion as the reasons for each edit are numerous, and there are lots of opinions as to why they should remain or be edited differently that could be addressed.

17c-11-5 a) is confusing in the wording of "as far right a practicable". The rest of the clause is redundant with other traffic laws. Therefore a) serves no purpose.

17c-11-5 c) does not increase bicycle safety, but rather adds an unnecessary burden upon cyclists to use a facility that may not be safe in all situations, and may be a significant hindrance. Examples abound, but some include: safe passing of other users of a side path can limit practical speeds to as low as 5mph whereas the cyclist could be traveling 25mph or more on a roadway; sidepaths often do not provide as direct route of a route as a roadway; sidepaths may have intersections with roads which increases cyclists more so than being on a roadway.

amendent to 17c-7-3 (1) sets a measurable definition rather than relying on an opinion of what a "safe distance" is. On any roadway less than 14' in width (nearly all roadways in WV), it would already be required of a car to cross the center line of a 2 lane road to make a safe pass as prescribed by AASHTO guidelines of 3' passing and 3' of operating space of a bicycle and an 8' vehicle. (not sure if this next part if valid) Its not expected that an officer be able to distinguish 4' from 3'6", but they should be able to identify from 2', which some may currently be perceived as a safe distance under current law.

Ryan Post LAB Certified Instructor

On Mon, Mar 18, 2013 at 5:48 PM, Frank Gmeindl frank.gmeindl@comcast.netwrote:

Thanks, Gary. Just so we're all using the same version, attached is the latest.

On Mar 18, 2013, at 3:58 PM, Gary Zuckett wrote:

Right, we should send them the entire document which makes a good case for the changes. The bill itself is not a good advocate…****

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Gary Zuckett****

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*From:* Frank Gmeindl [mailto:frank.gmeindl@comcast.net] *Sent:* Monday, March 18, 2013 3:07 PM *To:* Kasey Russell *Cc:* Steve Fowler; Gary Zuckett; Bike Board *Subject:* Re: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc****

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Did they read the rationales provided in WV Connecting Communities Legislative Agenda: Proposed Bicycle Legislation Changes or just the draft bill? ****

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On Mar 18, 2013, at 2:46 PM, Kasey Russell wrote:****

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Thoughts?****

Thanks, kasey****

---------- Forwarded message ---------- From: *Webster, Brent* brent.webster@charlestonwvpolice.org Date: Mon, Mar 18, 2013 at 10:54 AM Subject: FW: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc To: "Russell, Kasey" russell.kasey@gmail.com

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Kasey,**** Please review Lt. Williams’ response and opinion. I agree with him. Pay particular attention to his thoughts in yellow. I never thought about that when I first read the strike throughs. Thanks****

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Brent L .Webster**** Chief of Police**** City of Charleston**** (304) 348-6460****

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*From:* Williams, Shawn *Sent:* Monday, March 18, 2013 10:47 AM *To:* Webster, Brent *Subject:* RE: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc****

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My only concern is someone like ***** who expects us to measure 4 feet or less on all vehicles passing a bicyclist. Also, if you take Washington Street for example, at four feet you will be forced to cross the double yellow line in the opposing lane. I think the words safe and reasonable are better than an actual distance.****

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Under 17C-11-5, taking the “a” and “c” out, undercut safety for cyclist in my opinion.****

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Shawn****

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*From:* Webster, Brent *Sent:* Monday, March 18, 2013 10:36 *To:* Williams, Shawn *Subject:* FW: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc****

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Do you have any thoughts on this? She wants an honest opinion so don’t hold back. Thanks****

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Brent L .Webster**** Chief of Police**** City of Charleston**** (304) 348-6460****

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*From:* Kasey [mailto:russell.kasey@gmail.com russell.kasey@gmail.com] *Sent:* Sunday, March 17, 2013 3:22 PM *To:* Webster, Brent *Subject:* Fwd: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc****

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Chief Webster, would you be able to offer me your opinion on a proposed state law requiring motorists to pass cyclists at a four foot distance. My new nonprofit is behind this legislation. We would be willing to drop the four to three. **** I would love to hear your perspective. **** Thanks, kasey

Sent from my iPhone****

Begin forwarded message:****

*From:* "Gary Zuckett" garyz@wvcag.org *Date:* March 15, 2013, 6:32:01 PM EDT *To:* "Kasey Russell" russell.kasey@gmail.com *Subject:* *Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc*****

Kasey,

Here is the draft 2 of the bill. Can you look it over too?

Thanks

G

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You're welcome!

On Mar 18, 2013, at 8:25 PM, Gary Zuckett wrote:

Thanks!

From: Frank Gmeindl [mailto:frank.gmeindl@comcast.net] Sent: Monday, March 18, 2013 5:48 PM To: Gary Zuckett Cc: 'Kasey Russell'; 'Steve Fowler'; 'Bike Board' Subject: Re: Emailing: 2013R2708.wpd 1A AREDRAFT OF 2708.doc

Thanks, Gary. Just so we're all using the same version, attached is the latest.