Saturday 25 May 2013

Cyclists lobby for vulnerable user law with tougher penalties for motorists

cycling

A slight Freudian slip by Kevin Hardman, executive director of the Bicycle Federation of Wisconsin, suggested that cycling advocates stormed the castle in Madison on Tuesday.

They didn’t.

They did, however, lobby legislators in the Capitol to pass a law that creates tougher penalties for motorists who commit traffic violations that injure or kill vulnerable roadway users, including bicyclists.

Pedestrians, emergency responders, motorcycle riders, in-line skaters and farmers driving farm equipment also would be among those covered by the bill introduced in the State Senate earlier this month.

In some circumstances, a traffic offense that harms or kills a vulnerable user would be elevated to a felony, punishable by $10,000 fines and up to six years in prison. (click here for the full text)

Three states have similar laws in place and the legislation passed the Maryland State Senate in 2011.

The measure in Wisconsin is intended to provide prosecutors with an option beyond the traffic tickets that have been issued in crashes that killed bicyclists in recent years.

Kyle Dieringer, for example, pleaded no contest in January and paid $400 in fines for failing to yield a three-foot safe passing distance in a crash that killed Jeff Littmann and severely injured Lauren Jensen. The local athletes were out on a training ride on Wisconsin Ave. in Nashotah on Oct. 1, 2010.

Citing cases like that, cycling advocates made the same push for a vulnerable user law at the federation’s annual Bike Summit in 2011.

“These laws are intended to protect vulnerable roadway users and to appropriately and fairly punish those who harm them through reckless or careless behavior,” according to the Bike Fed message.

Getting the bill introduced represents progress, Hardman said, after the lobbying effort on Tuesday, part of the 2012 Bike Summit.

He was hopeful that the proposed law would receive a hearing before the end of the legislative session next month, but expects no action until the next session.

Cyclists also asked legislators to restore the $2.5 million in state transportation funding for bike lanes and other enhancements. The state dollars were pulled from the 2011-’13 biennial budget, leaving only federal funds available for bike and pedestrian projects.

That source of funding is uncertain.

The federal transportation bill introduced in the House eliminates $1.2 billion directed to states for Transportation Enhancements and Safe Routes to Schools. Wisconsin received $9.5 million annually from those two funds.

Rep. Thomas Petri, a Republican from Fond du Lac, bucked his party’s leadership and pushed an amendment to restore the enhancement and safe routes dollars during a committee vote last month.

He came up two votes short, but earned a Bike Hero Award and a standing ovation at the close of the summit.

“We’re in the midst of a fight,” Petri told the crowd, in a ballroom across from the Capitol. “I’m trying to find the highest common denominator, not the lowest.

“We need to do everything we can to build active lifestyles. It’s good for the economy, good for health, and it’s fun too.”

Petri said the House version of the transportation bill has stalled, leaving open the prospect that the bike and pedestrian funds would be restored.

“We’re in the midst of a fight,” he said. “It’s not over. It’s just begun.”

Based on Hardman’s report of successes, the Bike Fed appears ready for that fight.

Revenue for the non-profit organization is projected to reach nearly $1.4 million in 2012, and it now has 10 full-time staffers, a paid lobbyist and ambassadors spread throughout the state. Nearly 400 people showed up for the fourth annual Bike Summit.

For 2012, the organization will expand the Wisconsin Bike Challenge nationally, work to improve its brand and convince more of the 548,000 self-identified bicyclists in the state the Bike Fed.

That would provide more bodies to lobby the “castle” next year.

85 Comments for "Cyclists lobby for vulnerable user law with tougher penalties for motorists"

  1. Bikes don't belong on roads with a speed limit above 35 MPH. It's just not safe.

    NaturalSelection Feb 22, 2012 11:56 AM

  2. The state laws would disagree with you. There is nothing unsafe about me riding my bike on a road as long as I stay over to the right and you drive attentively and look ahead.

    umgopher1 Feb 22, 2012 12:01 PM

  3. If you want to reduce these types of accidents charging people with a felony and large fines is not the right way to do it. Many cyclists and people walking do not take proper precautions when in the roadway. We need better education by parents and schools. The other day I watched a cyclist go down a one way street the wrong way, I see them running stop signs and driving to far in the roadway for cars to pass. I see people walking in the street with dark clothes that cannot be seen. I have put more miles on a bicycle than most and am close to a situation where a teenager was killed by another while walking down the street. These are civil matters and there should not be changes in the laws this way.

    JohnnySeed Feb 22, 2012 12:03 PM

  4. Imagine how happy small-government/republicans/tax-haters would be if we designed cities around the bicycle! No more highway subsidies, local roads would last so much longer, traffic would be better, parking would be easy and close, people would be healthier and more virile! A perfect world!

    MKETWEED Feb 22, 2012 12:10 PM

  5. I think people are missing the point of the article. This isn't meant to be another opportunity for people who hate cyclists to vent their frustrations. All these advocates are trying to do is increase the penalties when a driver is found to be at fault in the death of a cyclists, construction worker, pedestrian, etc. I don't think it's unreasonable that someone should go to jail when their inattentiveness results in the death of an innocent human being.

    umgopher1 Feb 22, 2012 12:10 PM

  6. Good thing I wasn't referring to the law, just stating my opinion. It's just as bad as granny doing 42 MPH down I-94. Biking down winding highways in the Kettle Moraine at 17 MPH when there are cars coming around the corner or over hills at 45 MPH doesn't seem like a very smart position to put yourself in.

    NaturalSelection Feb 22, 2012 12:10 PM

  7. OK guys I'll play your silly game.
    Tougher laws for motorists, fine, but then lets have tougher laws for:
    Bicyclists who ignore traffic signs and signals.
    Bicyclists who are hard to see at night.
    Bicyclists who travel on roads not fit for a bicycle.
    Bicyclists who ride on sidewalks without regard for pedestrians.

    JerryJ Feb 22, 2012 12:17 PM

  8. In my experience, some people *do* think like that, load_warrior. (They're called 'sociopaths' and it's not all that rare.) This law should help dissuade them from taking their road rage out on the cyclist.

    sewisn Feb 22, 2012 12:22 PM

  9. Can you walk,run,bike,etc,on the highways/freeways/interstates? No! Why? It is to dangerous & these roads are meant for motorized vehichles. Were all these roads in WI created for the purpose of riding your bicycle,running,walking? No they were created for motorized vehicles. There are plenty of trails around this state for these "athletes" to ride, these trails just arent so convenient for them so they risk their lives by taking to our roadways & when accidents happen these "athletes" look for someone to blame. Do they ever accept any responsibility? No, because they are the little guy, they expect everyone with a drivers license to treat them as if they were a child that did not know any better. Sorry, Im not your babysitter,I will do my best to watch out for you but you better make damn well sure you are doing your part. Are you going to blame motorists for the potholes that appear in the road,which you just so happen not to see causing you to wipe out & fall into oncoming traffic & getting hit? Can I see that coming? Seems to me motorists also get pulled over for impeding traffic--what do you think these "athletes" are doing? Seems the rules they want us to follow just do not apply to them...because our system sides with the minority!

    rubyred Feb 22, 2012 12:45 PM

  10. JerryJ - for the record, cyclists on the road are subject to the same rules that drivers are. Hence, tougher laws for motorists = tougher laws for cyclists. So if this passes, then next time a cyclist riding dangerously crashes into a car and kills the driver while the cyclist walks away unharmed, he/she will be charged with a felony.

    umgopher1 Feb 22, 2012 12:47 PM

  11. I don't think people are missing the point. The point is to put people in Jail or make them a convicted felon for what in many cases is just an accident, doing so would be wrong because in most cases neither one is 100% at fault.

    JohnnySeed Feb 22, 2012 1:59 PM

  12. I think the law should change... they do not belong on roads that do not include space for them... if anything, they should build a bike lane... THEN... roads with them can be used... and otherwise, they cannot except for those under 35 mph. Seems reasonable. Why would you want to mix allowing vehicles that travel one speed and vehicles that cannot possibly travel those speeds? It creates unneccessary risks. I think those who take the risks... take the risks, period. If you do not want to die from jumping out of an airplane due to a chute malfuncion, do not jump out of one. If you do not want to be killed by a car while riding a bike, stay off highways. It is pretty basic and, those who point out the laws should be countered with "perhaps the laws should change".

    JakeTheCat Feb 22, 2012 2:01 PM

  13. I like riding a bike as recreation on residential streets and trails... I do not ride a bike on highways. Why should that be construed as a right? Now honestly, I am not actually as against bikes on highways as my posts would seem. All I am saying is for those who want to blame drivers for accidents related to hazards on the roadway, perhaps we should remove the hazzards rather than look to further blame or more significantly punish the drivers. It is a fair thing to counter-propose! On many roads a bike creates a hazzard because getting around one requires crossing a center line or coming to a near stop in an area where the speed limit is otherwise highway speed, if not for the hazzard. I know cyclers will not like the term hazzard, but they honestly really do create a hazzard when being on many areas of many roadways even in otherwise perfect weather and sun glare conditions (add weather and sun glare issues and the hazzards massively increase).

    JakeTheCat Feb 22, 2012 2:09 PM

  14. I think America needs to get back to being the land of Freedom instead of the land of laws and overcriminalization. We have to quit trying to criminalize every possible mistake or accident that can happen and instead focus on crimes that are real crimes rather than crimes that are accidents or mistakes. There are criminals that rob, steal, hurt, kill, etc... and then there are accidents that are caused by people. They are very different things. Pulling out in front of a bike or not seeing a bicyclist on the road due to conditions of the road is STILL AN ACCIDENT. In the Land of Freedom spirit, I guess let cyclists cycle on a road with faster and larger vehicles... let them cycle on high rise bridges too... its no different than letting motorcyclists ride without helmets or any other risky activities. HOWEVER, when there are accidents related to risks taken... mark those accidents down as accidents and leave it at that. If someone wants to be safer, bike in safer places... if someone wants to bike in areas with risks of traffic or hazzards, fine, but then dont be quick to blame others when accidents happen relative to the higher risks. Sun glare, curves, hills, visibility issues, speed differentials, and roads not wide enough for vehicle and bicycle traffic add to the chance of accidents.

    When I bike, I take it as my own responsibility to be out of the way of the vehicles on the road and to very much limit the time I spend on busier roads. I generally have one shot from my house to the closest park to bike to with the kids where I have to be on a road of 35 MPH traffic for about 200 feet. I try my best to time being on that stretch when there are no cars coming and I haul butt to get in and out of that area, if a car does come I keep an eye out and prepare to pull off the side of the road if need be. I limit my own risks and I never bike on the side of a thin two lane 55 mph highway. I can find other routes than that all over the place for biking.

    JakeTheCat Feb 22, 2012 5:27 PM

Post a Comment

Limit of 2000 characters,  characters remaining

Preview

Discussion guidelines | Privacy policy | Terms of use

Please login to post a comment.

Page Tools

Latest Posts

Archives