Advocacy & Safety - Illinois Riders CALL TO ACTION

From the Chicagoland Bicycle Federation newsletter. This is about that ridiculous law in Illinois that makes cyclists invalid users of roads.

The CBF (http://www.biketraffic.org).

Drafted by the village of Skokie, HB4907 eliminates the "Boub" disincentive that prevents many municipalities from installing bike lanes. It also restores intended user status and fair liability protection for Illinois bicyclists. Members of the Local Government Committee may vote on HB4907 at their Wednesday, Feb. 8 meeting. If it passes committee it will go to the full House.

PLEASE CONTACT YOUR STATE REPRESENTATIVE AND ENCOURAGE THEM TO SUPPORT HB4907.

Find your representative here - http://www.elections.il.gov/DistrictLocator/AddressSearch.aspx
Find your representative's contact information here - http://www.ilga.gov/house/default.asp

Let us know you contacted your representative at HB4907@biketraffic.org.

SPECIAL FOR CHICAGO RESIDENTS: It is vital that Mayor Richard M. Daley NOT OPPOSE this legislation. Call 311 or fax Mayor Daley at (312) 744-2324 no later than Thursday, Feb. 9 with the following message: "Mayor Daley, HB4907 is a NEW municipal proposal that protects the City of Chicago and bicyclists. Give it a fresh listen. Thank you." Do not let city operators transfer you to the Department of Transportation.

These are the Chicago area committee members:
Harry Osterman, D-Chicago
Robin Kelly, D-Matteson
Sidney Mathias, R-Arlington Heights
Kathleen Ryg, D-Vernon Hills
Michael Tryon, R-Crystal Lake

For more information on HB4907, visit http://www.biketraffic.org/boub.

From the Chicagoland Bicycle Federation newsletter. This is about that ridiculous law in Illinois that makes cyclists invalid users of roads.

The CBF (http://www.biketraffic.org).

Drafted by the village of Skokie, HB4907 eliminates the "Boub" disincentive that prevents many municipalities from installing bike lanes. It also restores intended user status and fair liability protection for Illinois bicyclists. Members of the Local Government Committee may vote on HB4907 at their Wednesday, Feb. 8 meeting. If it passes committee it will go to the full House.

PLEASE CONTACT YOUR STATE REPRESENTATIVE AND ENCOURAGE THEM TO SUPPORT HB4907.

Find your representative here - http://www.elections.il.gov/DistrictLocator/AddressSearch.aspx
Find your representative's contact information here - http://www.ilga.gov/house/default.asp

Let us know you contacted your representative at HB4907@biketraffic.org.

SPECIAL FOR CHICAGO RESIDENTS: It is vital that Mayor Richard M. Daley NOT OPPOSE this legislation. Call 311 or fax Mayor Daley at (312) 744-2324 no later than Thursday, Feb. 9 with the following message: "Mayor Daley, HB4907 is a NEW municipal proposal that protects the City of Chicago and bicyclists. Give it a fresh listen. Thank you." Do not let city operators transfer you to the Department of Transportation.

These are the Chicago area committee members:
Harry Osterman, D-Chicago
Robin Kelly, D-Matteson
Sidney Mathias, R-Arlington Heights
Kathleen Ryg, D-Vernon Hills
Michael Tryon, R-Crystal Lake

For more information on HB4907, visit http://www.biketraffic.org/boub.

What exactly does the law say? Pls post a link to the text.

The bill is here (http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=50&GA=94&DocTypeId=HB&DocNum=4907&GAID=8&LegID=23758&SpecSess=&Session=). The undelined text is what will be added.

Some background. A few years ago, the Illinois Supreme Court ruled that cyclists were permitted, but not intended, users of most roads. We were only intended users if the roads were marked bike routes or had bike lanes.

Cities only have to keep roads safe for intended users. So the ruling meant that building a bike lane or putting up bike route signs exposed a locality to liability for bad design that they would not otherwise face.

This bill would permit localities to accomodate cyclists without increasing the town's liability. On the other hand, it means that towns can build a bike lane that is patently unsafe for cyclists as long as it is safe enough for a car.

I think the bill's a bad idea. It tells localities they can ignore cyclist safety. If they build a bad road or a bad bike facility and someone gets hurt, the local government should pay. Also

As the OP pointed out, you can get a description of the bill from someone who clearly supports it at http://www.biketraffic.org/boub.



94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006HB4907

Introduced 1/19/2006, by Rep. Elaine Nekritz


SYNOPSIS AS INTRODUCED:


625 ILCS 5/11-1502 from Ch. 95 1/2, par. 11-1502


Amends the Illinois Vehicle Code. Provides that a person riding a bicycle is an intended and permitted user of any highway in Illinois except for a highway on which bicycle use has been specifically prohibited by the Department of Transportation or by a local public entity acting in compliance with the Code provision regarding the regulation of bicycles. Provides that the new language does not create liability for any public entity for the creation of, the existence of, or failure to remedy any specified type of condition that caused injury to a person riding a bicycle, if that condition meets the standard of care required for a passenger car.

LRB094 16971 DRH 52251 b

A BILL FOR

HB4907 LRB094 16971 DRH 52251 b

1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:

4 Section 5. The Illinois Vehicle Code is amended by changing
5 Section 11-1502 as follows:

6 (625 ILCS 5/11-1502) (from Ch. 95 1/2, par. 11-1502)
7 Sec. 11-1502. Traffic laws apply to persons riding
8 bicycles.
9 (a) Every person riding a bicycle upon a highway shall be
10 granted all of the rights and shall be subject to all of the
11 duties applicable to the driver of a vehicle by this Code,
12 except as to special regulations in this Article XV and except
13 as to those provisions of this Code which by their nature can
14 have no application.
15 (b)(1) A person riding a bicycle is an intended and
16 permitted user of any street or highway in Illinois except for
17 a street or highway on which bicycle use has been specifically
18 prohibited by the Department of Transportation or by a local
19 public entity acting in compliance with Section 11-208.
20 (2) Notwithstanding subdivision (b)(1), no public entity
21 shall be liable under this subsection (b) for the creation of,
22 the existence of, or failure to remedy any condition related to
23 the design, roadway surface, lighting, signage, or pavement
24 markings of any street or highway causing injury to a person
25 riding a bicycle, if that condition meets the standard of care
26 required for a passenger car.
27 (Source: P.A. 82-132.)

I am a little split on whether that should be supported or not. On the one hand, it does free up the villages from any disincentives for installing bike lanes.

On the other hand, there are so many road conditions I can think of which are really dangerous to bicycles that cars aren't victim to: parallel sewer grating, grated bridges, those slick stainless steel plates, smooth pothole covers, random unannounced unsigned blockage of the lanes by construction, etc. This also removes any incentive the villages might have had for mitigating these problems.

I don't know who is in charge in the legal front there, but I think their slipping by supporting this. I know the CBF thinks they will fight the good fight and get grated bridges covered, but so far they have only fixed one AFAIK.

No_Minkah, how does the bill "restore[] . . . fair liability protection for Illinois bicyclists"? The bill ELIMINATES liability protection for cyclists on bike rotes and in bike lanes unless the hazard is also a problem for cars.

I am particularly concerned with instances in which there is a huge friggin pothole in the bicycle lane, but that this might be seen as "not a problem for cars". I mean this already happens a lot and the only discouragement is that on occasion a bicyclist will get injured by it and file suit, but that is cheaper than fixing the pothole, so Streets and San seem to calculate that risk. So who knows how bad it could get if that were actually explicitly allowed by law.

I wish the CBF would post specific information about what the current guidelines for liability of municipalities is.

EDIT: Ah never mind, just re-read intended vs. allowed above.

I wonder if Bicycling Magazine included the legal climate when it recently voted Chicago one of its top cities for cycling. I found their choice a bit of a head-scratcher.

I gotta defend that: I can totally see why chicago was named best biking city. Lots of bike lanes, 0% grade for 20 miles in every direction, and a very hospitable attitude towards biking.

As for the legal climate...Chicago's legal climate is just generally screwy. It is just something everyone deals with, cyclist or not.

I gotta defend that: I can totally see why chicago was named best biking city. Lots of bike lanes, 0% grade for 20 miles in every direction, and a very hospitable attitude towards biking.

As for the legal climate...Chicago's legal climate is just generally screwy. It is just something everyone deals with, cyclist or not.

I lived in Chicago for a year and I also spent some time in wilmette. I was surprised to see that bikes are not allowed on some of the main thoroughfares and also the condition of the roads. Even the slummy areas in toronto have better roads than wilmette and that's like the highest tax district or something in the chicagoland area. The roads are falling apart and there is absolutely no lighting even on a big road like Lake, making it hazardous to pedestrians and cyclists. Also i noticed that bikes were not permitted on the road. Of course i ignored that rule, several times in a woozy state, but man did i have enough near death incidents there.

No_Minkah, how does the bill "restore[] . . . fair liability protection for Illinois bicyclists"? The bill ELIMINATES liability protection for cyclists on bike rotes and in bike lanes unless the hazard is also a problem for cars.

Don't jump on me. I just wanted to post the article and begin the discussion. Luckily you, who clearly know more about the law than I do, was there to correct my awful, horrible, vicious error. Thank you very much.

yeah you did pretty clearly preface that as being the words of the Chicago Bicycle Federation. Thanks for posting it, I read my CBF newsletter-emails but it took a second read before I realized how wrong CBF might be about this one. It seems they are overzealous to get bicycle lanes installed; We have enough bike lanes, but we need to fight to make sure they get maintained and that traffic laws are enforced.

Don't jump on me. I just wanted to post the article and begin the discussion. Luckily you, who clearly know more about the law than I do, was there to correct my awful, horrible, vicious error. Thank you very much.
Thanks for starting the discussion. I didn't see how this helped cyclists, and I asked for a response. If you don't see it either, fine. Nothing personal.

I know that if we don't try to make a difference there is no chance of achieving it. However, realistically are there enough of us bicyclists in Illinois to make a difference?