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GTcommuter
 
A small Gwinnett County town north of Atlanta is considering bike licenses due to some recent bicycle-pedestrian injuries. Although the law failed to pass earlier this summer, the city councilman has rewritten it to include just THREE roads in the city. Hopefully it will get defeated again and not give any other cities ideas.

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Berkeley Lake considers tagging cyclists
Bicycle registration could be first in Ga.

By MARK DAVIS
The Atlanta Journal-Constitution
Published on: 07/21/05

Could this be the end of Le Tour de Lac?

Related:
• The text of the proposed ordinance is available online at: www.berkeley-lake.com /dcforum/DCForum ID5 /542.html.
• The Berkeley Lake City Council meets at 7:30 p.m. today at Berkeley Lake Chapel, 4043 S. Berkeley Lake Road.

The Berkeley Lake City Council is scheduled to consider a proposed ordinance that would require both resident and nonresident bicyclists who ride selected roadways in Berkeley Lake to get a license for their two-wheeled vehicles. The tag, posted prominently on cyclists' machines, would make them easily identifiable to cops and citizens, providing an easy ID for citations issued to errant pedalers.

If approved, the ordinance might be a first in Georgia, according to a statewide municipal organization.

Proponents say Berkeley Lake needs the ordinance to make its narrow roads safer.

"We're not anti-bike," said Councilman Bernie Cohen, the chief advocate of bike licensing. "We just want them to slow things down."

The proposal strikes at cyclists' civil liberties and ought to be quickly run off the road, opponents reply.

"We could end up banned from roads," said cyclist Jeff Pinnell, who fears other cities might follow the west Gwinnett town's example if the ordinance becomes local law. "It could be Norcross, Duluth or Lawrenceville next."

Second try

Cohen initially sponsored a bike licensing proposal last month, but among some council members it proved as popular as a flat tire. It failed to pass, so Cohen has revised it.

The altered ordinance no longer includes a provision requiring all bikes to be inspected by the city.

Entitled "Traffic Control — Bicycles," the proposed ordinance would require licenses for any cyclists wanting to ride along Lakeshore Drive, Ridge Road or Little Ridge Road. Proponents say the legislation would help enforce the city's 25-mph speed limit on those roads.

The ordinance would take effect Sept. 1 and apply to cyclists 12 years old and older. Cyclists would have to pay a license fee, set by the council, and renew it annually.

The city needs to do something to make the streets safer, said Michael Matton, who lives near the corner of Little Ridge and South Berkeley Lake roads.

Cyclists "come zipping through the neighborhood," said Matton, who thinks bike lanes would be better than a licensing law. "I've got a running bet with my wife that someone is going to get killed within the next 12 months."

The roads are narrow, agreed Eddie Sun of Norcross. Monday evening, he and about 25 other cyclists met at a Duluth bicycle shop to grind out about 25 miles on their machines. Their route included Berkeley Lake.

"It's nice, pretty there," Sun said. "It's good training there, too."

Perhaps too good, Cohen said. About six weeks ago, a Berkeley Lake resident Cohen knows was walking her dog and didn't hear the cyclists who approached over a hill. One struck her, sending cyclist and pedestrian to the hospital, he said. Word about the accident spread, prompting some residents to call for a license law, Cohen said.

"Those I've asked have been in favor of it," he said.

'Shockingly unpopular'

Cohen needs to talk to more people, said Elizabeth Fulton, director of communications for the Washington, D.C.-based League of American Bicyclists. The 125-year-old organization is affiliated with more than 600 bicycle clubs nationwide.

She predicted that Cohen was likely to discover that his legislation is about as well-received among cyclists as a face full of exhaust fumes. A New York City Council member recently suggested a comparable measure, "and it was shockingly unpopular," Fulton said.

Laws are already in place to deal with scofflaw bicycle riders, she added. "It seems that [traffic enforcement can] be easily accomplished by a police officer," Fulton said.

Berkeley Lake has no police department of its own, but has a contract with the Gwinnett County Police Department, whose officers patrol the town's roads.

Licensing bicycles doesn't appear to have gained much traction elsewhere in Georgia. Officials at the Georgia Municipal Association, which represents more than 500 Georgia communities, say they do not know of another city or town in the state that licenses bicycles.

Cohen knows he's probably rolling into new territory, and may get fussed at by resident and nonresident two-wheelers, but that's OK.

"I don't care if they do get mad," he said. "If the community doesn't want it, it won't go through."


The BikeForums Team
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DieselDan
 
...and how many people were killed in car accidents in Gwinnett County, GA last year? Someone is making a mountian out of a molehill and despartly wants to be reelected.


Mr. Miskatonic
 
I got hit by a car once, as did lots of other people. The driver was liscened and the car inspected. So obviously this law will prevent all pedestrian/bicycle collisions. Just like it did with the cars and pedestrians.

(Sound of eyes rolling).


bikebuddha
 
Sigh, Gwinett county. Here's another story about how they treat cyclists.

http://www.bikesbl.org/modules.php?op=modload&name=PNphpBB2&file=viewtopic&t=979&sid=57f98b3a7c718eb8fd540e9956515156

As a law school drop-out I'm not sure that a local bicycle license ordinance would past muster with the state constitution.


RonH
 
I'll be at the meeting tonight along with LOTS of other cyclists.


RonH
 
The city council meeting was a joke. At least 75% of the people in attendance were cyclists or pro-cycling. The councilman who proposed the ordinance looked like he was 70-75 years old. He just wants to keep "Mayberry" aka Berkeley Lake like it was ten or twenty years ago. Sorry but change is coming to your small town.
Two council members voted for the ordinace, two voted against it. The mayor voted no and the resolution was defeated. :beer:


oboeguy
 
Score! Another poorly-thought-out law defeated! Next up, the DMCA... I wish!


Bikepacker67
 
Two council members voted for the ordinace, two voted against it. The mayor voted no and the resolution was defeated. :beer:

Congratulations on your "win", but that's just a bit too close for comfort.


noisebeam
 
Terrible idea, but...

Is there really a problem of (a few bad) cyclists breaking speed limit thru these 25mph high pedestrian density roads?

The real stupidity is this:
'Cyclists "come zipping through the neighborhood," said Matton, who thinks bike lanes would be better than a licensing law. "I've got a running bet with my wife that someone is going to get killed within the next 12 months."'

What a great idea, instead of having 25mph+ cyclists riding in center of lane in normal flow of traffic, he wants to encourage them with bike lanes to ride at the side of the road, right next to where pedestrian will be. Some folks just don't think.

Al


DCCommuter
 
Is there really a problem of (a few bad) cyclists breaking speed limit thru these 25mph high pedestrian density roads?


Dollars to donuts the real complaint is cyclists going too slow, not too fast. These people are smart enough to realize that they need to frame the issue as one of safety, hence their slant.


The_Dude
 
Glad to hear the resolution was defeated, but it is a little scary considering how close it came to passing.


biodiesel
 
Add this to the pot.
City bike licences are hard to enforce, the public has a limited legal duty to research the exsitance of such a law, or be knowlegeable about it putting the burden more on the city. Also, if you live outside the city and ride into the city could have difficulty enforcing a nonreciproacting ordinance. And if every tiny township has different laws re: licensing the legal challanges would arise. Something similar happened in Colorado with the 100 different gun laws that changed every town, city or county. The lawsuits finally won out (sort of.)
Also, beleive it or not, similar laws have been stricken down as unconsitutional infringement on freedom of movement. (argument goes if you license an non-motorized 'bike' then you could also for roller blades, skateboards etc thus enacting state controlled transit.

Palo Alto supposedly has one, though i lived there a year until I heard it. It was never posted anywhere, it's not on the state, county, metro or even city's bike website and three cops i asked knew nothing about it, nor did any of the shop mechanics. Supposedly it reqires anyone riding a bike in PA to be registered with the city. (So if your riding through Cali, and every town did this would you have to have 100's of licenses?)

Other legal questions. Do you have to be 16? Have a learners permit? Take a written test? Can a 6 year old ride a trike legally? What about non-english speakers? If you break the cycling law would you get points on your license? Lose it for multiple offenses? If you lost your bike license would it be illegal to ride? (That's the constitutional issue...)

Lots of reasons these seldom work except to register the bike itself. Best approach is public education, a couple bike cops will do more and cheaper than all the silly laws you can't enforce.


Bruce Rosar
 
Also, beleive it or not, similar laws have been stricken down as unconsitutional infringement on freedom of movement.Oh, I believe it. Travel is a fundamental right in the USA, as is noted in a Business Law/Legal Studies study outline (www.people.fas.harvard.edu/~albert/lstu130/als-outline/LCE-CH04.html):
Chapter 4 -- Constitutional Law
The U.S. Constitution is the fundamental law of the United States and takes precedence over any other source of law... it imposes limits on the power of government.
From section 4.4 of that same outline:

LIMITATIONS ON FEDERAL AND STATE POWERS
Judicial Scrutiny of Governmental Regulation.
The U.S. Supreme Court has developed three primary levels of scrutiny for determining whether governmental regulation (state or federal) is valid under the Constitution: strict scrutiny, intermediate scrutiny, and the rational relationship test...

1. Strict scrutiny. It is the most demanding of all. This test is sometimes referred to as the compelling interest test.
a. The strict scrutiny test is applied when legislation affects fundamental rights, e.g., voting, privacy, travel, free speech, and religion.
b. The test is also applied when legislation affects suspect classifications, e.g., classifications based on race or national origin.
c. Any legislation subject to strict scrutiny must be necessary to promote a compelling governmental interest.
1) "Necessary" implies that there are no less restrictive means than the challenged regulation available to protect or promote the interest.
2) EXAMPLE: If Kansas enacted legislation calling for segregation in its public school system, the Supreme Court would apply the strict scrutiny test because the legislation affects a suspect classification, i.e., one based on race. The Supreme Court would rule that such legislation does not promote a compelling governmental interest. The state statute should be held unconstitutional and invalid.


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