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. Motorists have been handed everything they could possibly want on a silver platter. These interstate highways you mention, they take up 15 acres per mile, often across good farmland. Non-motorised traffic isn't allowed there in most states, you have lanes 12' wide, a wide median, a wide shoulder, easy curves, gentle grades, and here you are whining and moaning about having to share other roads with something maybe 3' wide that seldom goes more than 20 mph. How hard is it to safely pass a cyclist? Trivially easy. These "athletes" are just like you, human beings with a right to travel from one place to another. They aren't impeding your travel. Why are you in favor of impeding theirs?

    DannyX Feb 23, 2012 6:26 PM

  2. Hey JerryJ, I'm with you. I will back any law that makes it a felony for a cyclist to cause the death of a motorist. Now, name me one case where this has happened.

    DannyX Feb 23, 2012 6:28 PM

  3. "Just an accident" is usually another word for negligence. I can spot a house cat in the road at 30 yards. There's no excuse for hitting a cyclist who is observing the rules of the road.

    DannyX Feb 23, 2012 6:30 PM

  4. The greatest hazard on the roads is that caused by inattentive driving. Sun glare that affects visibility means you slow down. That's not rocket science, Jake. You could just as easily rear-end another motor vehicle if you ignore that simple rule.

    DannyX Feb 23, 2012 6:32 PM

  5. "...as a cyclist I get unbelievably ticked at the minority of cyclists that make the rest of us look bad."

    As a cyclist, I get unbelievably ticked at people who judge all cyclists by the behavior of some of them, like we're all the same, and part of some giant club. Bad cyclists don't make me look bad. Anybody who looks down on me because of the behavior of others is just screwed in the head.

    DannyX Feb 23, 2012 6:35 PM

  6. Bollards

    ocschwar Feb 27, 2012 9:38 AM

  7. I am long distance bicyclist having bicycled around the USA for decades in numerous traffic conditions from New York City to rural Vermont. Laws do not work unless bother the bicyclists and motor vehicle drivers are educated on how to engage and interact with each other presence in traffic situations.

    What I have noticed is that generally bicyclists for the most part keenly aware of the presents of motor vehicles - except for the really stupid bicyclists and like drivers that use MP3 players with earphones. You cannot hear anything people; therefore; these two types such find each other and create an accident for themselves eliminating two nitwits from our roads.

    In both situations as a motor vehicle driver and bicyclist I get annoyed when sitting at stop light and a bicycle does not stop for light or violates the traffic laws. In both situations I get very scared and cautious when a bicyclist is riding toward me on the wrong side of the street against the flow of traffic and the law.

    In my experience with motor vehicle drivers, non-bicyclists, pedestrians, friends, family members and associates is that they really do not understand why a bicyclist may be riding farther out from the crub because of debris and road cracking. Or they do not realize a bicycle can be traveling at 25 miles per hour. Motorists are not aware that bicyclists are entitled to the same rights, laws and privileges as a motor vehicle. And some motorists are agressive believing they have all the rights and privileges on to roads - these people with pursue and try scare bicyclists off the roads. They will take actions against bicyclists that would not dare do to another motorists. For inattentive drivers that hit bicyclists, pedestrians or other motorists for whatever is a crime and deserve to punished.

    We all need to be educated on how all of us can share the roads making it safe for everyone...the USA states should enact educational programs for everyone using our roads.

    Not A Human Feb 28, 2012 2:09 PM

  8. So I see! Good to see you back, too!

    Milwaukee Murph Feb 28, 2012 10:32 PM

  9. Well said.

    Tom Held Mar 01, 2012 4:06 PM

  10. If it is unsafe for pedestrians and bicyclists to be on roads that have speed limits faster than 35 MPH then a road should not have a speed limit faster than 35 MPH unless there is an accompanying path for pedestrians and bicyclists to use.

    thatgeorge Jun 21, 2012 5:47 PM

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