Tuesday 18 June 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. I hope the will succeed.

    sharpie Feb 22, 2012 7:05 AM

  2. Thats all great,BUT they need to take responsibilty as well. Too many times I see them bobbing and weaving in traffic,puny little headlights or none at all,at night. Plus if there is a open stretch of sidewalk or a bike path go on there! Worst yet they blow thru stop signs and those arrogant actions will get them killed. Remember its called accidents,they need to try and avoid collisions as well as the cars.

    rickyp1 Feb 22, 2012 7:06 AM

  3. It is illegal to ride on sidewalks when you are an adult.

    BikerRon70 Feb 22, 2012 7:15 AM

  4. I agree with Ricky. I see people walking and biking every single day that completely ignore every single law on the books. Wrong side of the road, cutting in front of traffic, blowing stop signs and lights. Yet WE as car drivers have to watch out for them or risk being ticketed. This Bike federation needs to get all of their own members to follow all the laws to a T before running to Madison saying car drivers should be charged with felonies when WE make a mistake!!

    quasar3210 Feb 22, 2012 7:36 AM

  5. I will say though, that if Its a blatant and obvious error on the car driver. Then of course charge him accordingly. But its gotta be proven as such

    quasar3210 Feb 22, 2012 7:39 AM

  6. Just a followup. We were biking on a bike trail yesterday, alongside a road, and a SUV, coming from behind, turned into a driveway, right across our path. Luckily, I saw it happening and hollered at my wife to stop. We had flags on our bikes and this was around noon. Somebody using a cell phone, perhaps?

    BikerRon70 Feb 22, 2012 7:43 AM

  7. Just yesterday, I was driving on a two lane road thru a curve, and someone was walking ON THE WRONG SIDE OF THE ROAD... The road was too narrow to safely pass the person walking without crossing the center line into oncoming traffic. So I had to stop and wait for this person to get out of the way and risk possibly being rear ended mid curve because someone on foot can't follow the laws as they are written.. T

    quasar3210 Feb 22, 2012 7:47 AM

  8. Quasar, I think you have it backwards. The motorists should be the ones who get the blame unless it's blatant and obvious the vulnerable (note: this legislation covers farmers, pedestrians... more than cyclists) made the error. The reason this thing exists in the the first place is the "I didn't see them" defense is not acceptable when you're talking about a human life.

    racerdave Feb 22, 2012 7:51 AM

  9. Illegal to ride on a sidewalk? Yea, right. Tell THAT to the bicycle cops here on the south side!

    You want this law? Fine, so follow the traffic laws! I'm tired of cyclists blowing through lights and signs, among other things, and have the citations apply against their DL. points and ALL! No DL? No problem, you can get your cycle out of the police impound, after you pay the fine and impound fees.

    Milwaukee Murph Feb 22, 2012 7:52 AM

  10. Your initial post was dead on. Unless the bill contains specific penalties for cyclists who ignore or break traffic laws, then it's a non-starter.

    ApocalyseNow Feb 22, 2012 8:04 AM

  11. Maybe I wasn't entirely clear. What I meant was if someone in a car is speeding, texting, or whatever other numerous laws that can be Proved were broken then yes absolutely, the car driver is at fault and should it should be handled accordingly. My biggest issue though is all the peds and bikers breaking all the laws every single day.

    quasar3210 Feb 22, 2012 8:08 AM

  12. I would think those factors would be weighed in such cases. We're not talking about the lunatics around UWM who ride with no helmet, dressed all in black, at night. We're talking about the idiot drivers who yak away on their cell phones, swerve into the bike lane, and knock off the cyclist who is in a bright orange safety vest, helmet, and reflectors.

    JMod1 Feb 22, 2012 8:20 AM

  13. I agree get tougher with cyclists. I have seen them constantly blowing through stop signs and lights. By us they think they own the road and they will take up the entire road and not move over. They wont even move out of the way for emergency vehicles with their lights and sirens on. Luckily the town i live in the cops have realized the problem finally and are actually pulling cyclists over.

    wipeep Feb 22, 2012 8:23 AM

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