Thursday 23 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. Ok, but you see more cars breaking laws everyday than you see pedestrians and bicyclists and motorcyclists do so. How many have you seen driving 10 mph or even 1 mph over the speed limit? Breaking the law. How many have you seen make a lane change or a turn without using a direction? Breaking the law. How many have you seen change lanes In an intersection? Breaking the law. How many have you seen slow down to almost stopping at a stop sign, and then proceed without coming to a complete stop? Breaking the law. How many have you seen driving in the unmarked curb lane? Breaking the law. My point being you are certainly overlooking a huge number of broken laws by motorists. Yes, if a vulnerable user is breaking a law, riding on the wrong side, or proceeds through a stop sign or light without yielding, yes they deserve a ticket and if they end up getting hit because of those actions, then it is a different story. But a motorist has most of the responsibility when driving a larger vehicle, same as the person driving behind has almost all of the responsibility if he/she rear ends the vehicle in front of them.

    Far West Sider Feb 22, 2012 9:44 AM

  2. But the Law does publicize that motorists need to assume a bit more responsibility and should be a bit more cautious. The Law is better for all of us, bikers and motorists alike. I agree there will still be accidents and those driving carelessly, but to decrease this carelessness even 2%, would be a bonus.

    Far West Sider Feb 22, 2012 9:49 AM

  3. Let's frame this discussion in a slightly different way.
    If a motorist fails to yield a safe distance while passing a bicyclist, pedestrian, EMT or motorcycle rider, and kills that person, is a $140 traffic citation an adequate penalty?
    Despite all the heated rhetoric, that's the discussion that should be taking place to determine whether this law has merit, or not.

    Tom Held Feb 22, 2012 9:49 AM

  4. Perfect distillation of the proposed law and what we are discussing here Tom!

    Far West Sider Feb 22, 2012 9:52 AM

  5. the point being, to decrease those horrible, tragic mistakes.

    Far West Sider Feb 22, 2012 9:54 AM

  6. So load_warrior, you would be okay if someone drove while distracted and killed a friend/relative/etc of yours and only got a $400 fine because it was a "horrible, tragic mistake"? It's easy to make statements like that when it happens to someone you don't know.

    umgopher1 Feb 22, 2012 10:30 AM

  7. I am always shocked and dismayed by the vitriol directed at cyclists whenever there is an article that has anything to do with cycling. I am a very active cyclist but I'm not naive enough to think that every cyclist is a law abiding, cautious rider. That said, the amount of time it takes for a driver to slow down and safely pass a cyclist is what? A couple seconds? The cyclist is still a human life with a family and friends. Rather than get all agitated and road ragey, just safely pass the cyclist and get on with you life.

    umgopher1 Feb 22, 2012 10:38 AM

  8. BikerRon

    U call yourself a longtime cyclist and say that everyone should know the laws, yet one of your own posts about illegally riding on sidewalks was absolutely wrong.

    Southpaw7 Feb 22, 2012 10:52 AM

  9. When was the last time you rode as a cyclist? How much do you ride? I've been riding as an adult cyclist since 1974 and have more than 225,000 miles on a bike. I took and passed courses in Effective Cycling and just recently got my motorcycle endorsement. I was a mostly year around bike commuter for 26 years. And yet, you try to tell me that riding on the sidewalks is alright because your mom always said, "Ride on the sidewalk to be safe."

    BikerRon70 Feb 22, 2012 10:58 AM

  10. We don't need extra penalties for certain groups of road users. Why if there is a fatality does it matter if the victim is in a car, biking, or walking.

    I know drivers break laws, happens constantly, but that doesn't negate the fact that I see cyclists breaking laws consistently as well. For example, I was on a state highway on a motorcycle with two others in the group and watched two cyclists at full speed who appeared to be on a training ride, blow the stop sign at a crossroad and make a right turn. All three motorcyclists slammed the brakes and locked up the rear wheel anticipating the collision. The incident nearly wiped three bikers out. I hope this law would equally hammer the cyclists if I would've dumped it and died because of their blatant law breaking.

    Southpaw7 Feb 22, 2012 11:02 AM

  11. Ron

    Read the statutes. I'm right. U are wrong. It's not illegal if the local government adopts an ordinance making riding on the sidewalk legal. I don't need your credentials! I have credentials as well.

    Southpaw7 Feb 22, 2012 11:04 AM

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