PLEASE READ: Safe Passing Bill put on hold

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Chris Scherer

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May 7, 2009, 11:31:23 PM5/7/09
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Friends of the WWBPA,

Please read the e-mail below. It says much about how far we have to go to make bicyclists safe on the road.

In a nutshell, the intent of the current law (see link below) is to treat bicyclists as vehicles and require vehicles to follow and pass safely. The proposed Safe Passing Bill originally intended to allow three feet of safe passing distance between bicyclists and motor vehicles (http://walkbikejersey.blogspot.com/2009/03/3-foot-passing-bill-introduced-in-nj.html). The NJ Bike Ped subcommittee requested an amendment to make it half a lane with legalizing the crossing of the centerline when passing a bicyclist when it is safe to do so.

The arguments against the bill and amendment demonstrate just how far we have to go before the law recognizes the rights of bicyclists on the road.

This is simple: 
- If you follow or pass ANY vehicle within three feet, you threaten the safety of the operator (and occupants) of the other vehicle. While three feet is not always a sufficient safe passing distance, it provides greater protection for the bicyclist than the current law.
- If you can't follow at a safe distance or wait until it is safe to pass, you're breaking the law (until bicycles are banned on those roads). Unless noted otherwise, bicycles are currently allowed on all roads in NJ.

Contact your state senator to advocate for the space bicyclists deserve: http://www.njleg.state.nj.us/members/legsearch.asp

"Every person riding a bicycle on a roadway shall ride as near to the right roadside as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction. A bicyclist may move left under any of the following conditions: 1) To make a left turn from a left turn lane or pocket; 2) To avoid debris, drains, or other hazardous conditions on the right; 3) To pass a slower moving vehicle; 4) To occupy any available lane when traveling at the same speed as other traffic; 5) To travel no more than two abreast when traffic is not impeded, but otherwise ride in single file. Every person riding a bicycle should ride in the same direction as vehicular traffic."

Chris

Chris Scherer
President
West Windsor Bicycle and Pedestrian Alliance
www.wwbpa.org

---------- Forwarded message ----------
From: John Boyle <jo...@bicyclecoalition.org>
Date: Thu, May 7, 2009 at 6:52 PM
Subject: [BCGP NJ] Safe Passing Bill put on hold
To: bcg...@yahoogroups.com
Cc: walkbik...@googlegroups.com




The State Senate Transportation Subcommittee put S2737 on hold today. The NJ Bike Ped subcommittee requested an amendment to make it half a lane with legalizing the crossing of the centerline when passing a bicyclist when it is safe to do so. Committee members had issues with allowing 3 feet in an urban area (i.e. Hudson County) and the consequences of crossing the centerline.

As you will see in the summary of the audio broadcast below most members of the committee did not fully understand the concept of the bicyclists rights and responsibilities of motorists driving with due care i.e. waiting behind a slow moving vehicle until you can safely pass. The centerline crossing fascination took up a good chunk of the opinions of the committee, as if you come up to a bicyclist and you blindly cross over to maneuver past him. But worst of all the questioning of the legitimacy of bicycles on certain roads from the Transportation Committee is really troubling (Chairman Rocco at 37:40 see below).

We didn't know what to expect but I wasn't terribly surprised with the outcome, we've heard it all before. I just don't know how you could possibly convince them change their votes other than to apply political pressure.

The silver lining may be a the ire of the bicycling community especially if the bill doesn't make it through after the rewrite. A bike summit in Trenton is also getting some serious discussion.

John Boyle
BCGO Advocacy Director

Audio of the hearing -

http://www.njleg.state.nj.us/MEDIA/OLS_MEDIA_PLAYER.HTM?wma=!{A}http://rmserver.njleg.state.nj.us/internet/2009/STR/0507-0100PM-M0-1.wma!

or
http://rmserver.njleg.state.nj.us/internet/2009/STR/0507-0100PM-M0-1.wma

Paraphrased passages

15:45 - Testimony by Zoe Baldwin from Tri State Transportation Campaign and Ranjit Walia from the Voorhees Transportation Institute at Rutgers

31:35 - Sponsor - Senator Oroho - Purpose sharing the road and raising awareness-shared responsibility

Then the questions begin and it all goes downhill

31:59 Unknown - Who has the right of way on the road, does the car have the right of way? Or does pedestrian have right way? Or does the bike have the right of way? And I ask that because I think that most of the roads have been designed in NJ principally for vehicular traffic, for motor vehicular traffic and i can think of a whole host of situations where us providing some sort a distance requirement without studying the consequences of it. Like the three foot thing but just wondering do we have to pass a person by three feet do we a pass a person by three feet and why we would want to provide three feet for a bicyclist and not providing three feet for a person crossing the centerline and sanctioning that. Sounds to me problematic. What happens on roads that have barriers what happens when a bicycle comes in a different direction. Just so many issues ithink there are so m many consequences that what you are trying to do with the existing infrastructure.

And then the opinion of the bicycling in Hudson County-

33:40 I am going to tell you - Hudson County? Safe Bicycling Lanes - New York City?

33:44 Rocco - I have a lot of problems with the bill as it is. If you are driving in an urban area there is just no way to give three feet. No way to move across the line without getting hurt on the other side of it so this is a very difficult bill. Suggest it go back to the sponsor. I mean the the fault of the driver, I can see myself driving down Bergenline Avenue in Hudson County and there is absolutely no way that three feet would work certainly not a half a lane you are just in such a heavily congested area. I think these issues have to be addressed so the drivers aren't penalized just because they are not within a half a lane or three feet?

34:33 The Fault of the Driver

35:02 Oroho (sponsor) - Would like to stay with the 3 foot lane rural area with the lines. Explains it is modeled after 13 other states.

Have you worked with DOT on this Bill - The roads were built for cars. COnfident that you call

37:00 Rocco - Hold the bill - maybe it has to be a bill that makes sense in different regions. THere may be some regions some areas, those that have bike lanes, those that don't...

37:40 - I would hate to see motorists penalized when a bicyclist is riding on a road that isn't safe to start out and  maybe shouldn't be there...

38:20 Bill on hold no need for more testimony

38:44 Baldwin - Language that is in front of you has been sanctioned by the Department of Transportation.







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Jennifer Benepe

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May 8, 2009, 8:39:57 AM5/8/09
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Since this whole issue began with the NJ Bike Ped group, and then the surprise side entry of a lesser law by two lawmakers (in my view), I have been giving this a lot of thought—AND observing motorists.
And so far this is what I have seen:
--Many motorists give a whole half lane, no problem
--the ones that don’t come too close almost all the time
A half lane is necessary in the law as a rule of thumb because scofflaws and careless drivers will always hedge and make the amount smaller. One half of half a lane is about 3 feet, which is what you will get from bad people, and you will always get 1/2  a lane from good people, law or no law.
If you make it three feet, you won’t get anything from the people who are already passing too closely. That does not allow for you to move out to avoid a sudden pothole or debris, or any other type of room for an emergency, or even a sudden movement by a less experienced cyclist. It is wholly inadequate and will lead to more deaths.
Anyway, that is my opinion. And there is plenty of room on the road. If there wasn’t they wouldn’t be able to pass a parked car—by giving it a whole lane. Not only do I believe we need half a lane, but I also think a driver should fail the test if they do not get it right (i.e., it needs to be on the test, which I think now it isn’t.)
Jen


On 5/7/09 11:31 PM, "Chris Scherer" <chriss...@global.t-bird.edu> wrote:

Friends of the WWBPA,

Please read the e-mail below. It says much about how far we have to go to make bicyclists safe on the road.

In a nutshell, the intent of the current law (see link below) is to treat bicyclists as vehicles and require vehicles to follow and pass safely. The proposed Safe Passing Bill originally intended to allow three feet of safe passing distance between bicyclists and motor vehicles (http://walkbikejersey.blogspot.com/2009/03/3-foot-passing-bill-introduced-in-nj.html). The NJ Bike Ped subcommittee requested an amendment to make it half a lane with legalizing the crossing of the centerline when passing a bicyclist when it is safe to do so.

The arguments against the bill and amendment demonstrate just how far we have to go before the law recognizes the rights of bicyclists on the road.

This is simple: 
- If you follow or pass ANY vehicle within three feet, you threaten the safety of the operator (and occupants) of the other vehicle. While three feet is not always a sufficient safe passing distance, it provides greater protection for the bicyclist than the current law.
- If you can't follow at a safe distance or wait until it is safe to pass, you're breaking the law (until bicycles are banned on those roads). Unless noted otherwise, bicycles are currently allowed on all roads in NJ.

Contact your state senator to advocate for the space bicyclists deserve: http://www.njleg.state.nj.us/members/legsearch.asp

Current law: http://www.state.nj.us/transportation/commuter/bike/regulations.shtm
"Every person riding a bicycle on a roadway shall ride as near to the right roadside as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction. A bicyclist may move left under any of the following conditions: 1) To make a left turn from a left turn lane or pocket; 2) To avoid debris, drains, or other hazardous conditions on the right; 3) To pass a slower moving vehicle; 4) To occupy any available lane when traveling at the same speed as other traffic; 5) To travel no more than two abreast when traffic is not impeded, but otherwise ride in single file. Every person riding a bicycle should ride in the same direction as vehicular traffic."

Chris

Chris Scherer
President
West Windsor Bicycle and Pedestrian Alliance

---------- Forwarded message ----------
From: John Boyle <jo...@bicyclecoalition.org>
Date: Thu, May 7, 2009 at 6:52 PM
Subject: [BCGP NJ] Safe Passing Bill put on hold
To: bcg...@yahoogroups.com
Cc: walkbik...@googlegroups.com


 
  

  

The State Senate Transportation Subcommittee put S2737 on hold today. The NJ Bike Ped subcommittee requested an amendment to make it half a lane with legalizing the crossing of the centerline when passing a bicyclist when it is safe to do so. Committee members had issues with allowing 3 feet in an urban area (i.e. Hudson County) and the consequences of crossing the centerline.

As you will see in the summary of the audio broadcast below most members of the committee did not fully understand the concept of the bicyclists rights and responsibilities of motorists driving with due care i.e. waiting behind a slow moving vehicle until you can safely pass. The centerline crossing fascination took up a good chunk of the opinions of the committee, as if you come up to a bicyclist and you blindly cross over to maneuver past him. But worst of all the questioning of the legitimacy of bicycles on certain roads from the Transportation Committee is really troubling (Chairman Rocco at 37:40 see below).

We didn't know what to expect but I wasn't terribly surprised with the outcome, we've heard it all before. I just don't know how you could possibly convince them change their votes other than to apply political pressure.

The silver lining may be a the ire of the bicycling community especially if the bill doesn't make it through after the rewrite. A bike summit in Trenton is also getting some serious discussion.

John Boyle
BCGO Advocacy Director

Audio of the hearing -



Paraphrased passages

15:45 - Testimony by Zoe Baldwin from Tri State Transportation Campaign and Ranjit Walia from the Voorhees Transportation Institute at Rutgers

31:35 - Sponsor - Senator Oroho - Purpose sharing the road and raising awareness-shared responsibility

Then the questions begin and it all goes downhill

31:59 Unknown - Who has the right of way on the road, does the car have the right of way? Or does pedestrian have right way? Or does the bike have the right of way? And I ask that because I think that most of the roads have been designed in NJ principally for vehicular traffic, for motor vehicular traffic and i can think of a whole host of situations where us providing some sort a distance requirement without studying the consequences of it. Like the three foot thing but just wondering do we have to pass a person by three feet do we a pass a person by three feet and why we would want to provide three feet for a bicyclist and not providing three feet for a person crossing the centerline and sanctioning that. Sounds to me problematic. What happens on roads that have barriers what happens when a bicycle comes in a different direction. Just so many issues ithink there are so m many consequences that what you are trying to do with the existing infrastructure.

And then the opinion of the bicycling in Hudson County-

33:40 I am going to tell you - Hudson County? Safe Bicycling Lanes - New York City?

33:44 Rocco - I have a lot of problems with the bill as it is. If you are driving in an urban area there is just no way to give three feet. No way to move across the line without getting hurt on the other side of it so this is a very difficult bill. Suggest it go back to the sponsor. I mean the the fault of the driver, I can see myself driving down Bergenline Avenue in Hudson County and there is absolutely no way that three feet would work certainly not a half a lane you are just in such a heavily congested area. I think these issues have to be addressed so the drivers aren't penalized just because they are not within a half a lane or three feet?

34:33 The Fault of the Driver

35:02 Oroho (sponsor) - Would like to stay with the 3 foot lane rural area with the lines. Explains it is modeled after 13 other states.

Have you worked with DOT on this Bill - The roads were built for cars. COnfident that you call

37:00 Rocco - Hold the bill - maybe it has to be a bill that makes sense in different regions. THere may be some regions some areas, those that have bike lanes, those that don't...

37:40 - I would hate to see motorists penalized when a bicyclist is riding on a road that isn't safe to start out and  maybe shouldn't be there...

38:20 Bill on hold no need for more testimony

38:44 Baldwin - Language that is in front of you has been sanctioned by the Department of Transportation.








  
    
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