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Should I or should I not?

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Should I or should I not?

Old 05-10-06, 01:50 PM
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Should I or should I not?

Sioux City has an ordinance, that is NOT enforced, that states if a recreational path is parallel to a roadway cyclists are to use the path instead of riding in the street. I think which ever city council dreamt this up they thought they would be saving us from ourselves. It has been in effect, but not enforced, for a long time now.

I am thinking about contacting the city govt. and advising that they should either remove the ordinance or actively enforce it.

In most areas where there is both a trail & roadway it is often safer to ride in the street. Especially down on the river front near the casino where the trail intersects with the driveways in & out of the casino parking lot. Drivers are either in a hurry to waste their money at the casino or pissed off because they lost it all & do not pay attention to the traffic on the trail.

What do you think?

Should I pursue this or not?
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Old 05-10-06, 02:08 PM
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they should either remove the ordinance or actively enforce it
Well i wouldn't phrase it that way, or they might start to enforce it. If you don't like the law, petition them to remove it, not enforce it.
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Old 05-10-06, 02:13 PM
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I would be inclined to leave it well enough alone. Whilst removing it means that the council or police can't suddenly decide to press for enforcement, these little known laws can prove handy at times, particularly during road repaving when space is diminished etc.
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Old 05-10-06, 02:18 PM
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Mandatory sidepath laws and bicycle helmet laws are both bad law and each should be opposed. I agree that it should not be suggested that a bad law be enforced.

I think you will get more support on this idea.
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Old 05-10-06, 02:23 PM
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Originally Posted by ignominious
I would be inclined to leave it well enough alone. Whilst removing it means that the council or police can't suddenly decide to press for enforcement, these little known laws can prove handy at times, particularly during road repaving when space is diminished etc.
But if you get hit while riding the road, then the driver (as well as their insurance) has a ready made defense that the cyclist did not belong in the road and the cyclist was the one that broke the law.

Driver gets away with reckless driving, insurance does not have to pay out and the cyclist ends deep in debt from medical bills and has a mangled bicycle. BAD LAW.
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Old 05-10-06, 02:26 PM
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Originally Posted by CB HI
But if you get hit while riding the road, then the driver (as well as their insurance) has a ready made defense that the cyclist did not belong in the road and the cyclist was the one that broke the law.

Driver gets away with reckless driving, insurance does not have to pay out and the cyclist ends deep in debt from medical bills and has a mangled bicycle. BAD LAW.
Yeah, you may have a point there.

But before this law is tackled, N_C should probably research who implemented it and see if they're still on the legislating authority.
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Old 05-10-06, 03:04 PM
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Here is the link to the letter that I wrote in a successful campaign to repeal our own city's mandatory sidepath use law.

https://www.humantransport.org/bicycl...yclinglaws.htm

Cary, NC is now recognized as a "Bicycle Friendly City" by the LAB. I don't think it would have obtained that award if it still had a mandatory sidepath use law.

-Steve
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Old 05-10-06, 03:08 PM
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Originally Posted by CB HI
But if you get hit while riding the road, then the driver (as well as their insurance) has a ready made defense that the cyclist did not belong in the road and the cyclist was the one that broke the law.

Driver gets away with reckless driving, insurance does not have to pay out and the cyclist ends deep in debt from medical bills and has a mangled bicycle. BAD LAW.
I assume you are making up this "defense" from whole cloth. Any real life examples of drivers "getting away with reckless driving and insurance not paying" because of such an ordinance, Mr. Lawyer Man?
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Old 05-10-06, 03:25 PM
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Originally Posted by ignominious
Yeah, you may have a point there.

But before this law is tackled, N_C should probably research who implemented it and see if they're still on the legislating authority.
Interesting point. But if he still is it deos not answer the question. You also need to know why it was implimented. The original im;limenter could be the best ally in getting repealed.

My suggestion is to ask about informally first. Only by determining the political climate locally can you determine if it is best to try to change things or let sleeping dogs lie.
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Old 05-11-06, 10:48 AM
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It sounds like a combination of a bad law and bad side path design and construction. If they are currently not enforcing the law I might be inclined to leave well enough alone. But the hazards you point out on the side path (driveways etc) are serious and should be addressed. You may want to document the hazards with photographs and models of better design standards to demonstrate the inadequacy of the path. I'm sure that before the city would spend the money to rebuild the path correctly they would be inclined to shelve the law. By chronicling the hazards of the bike path and submitting them to local legislators and appropriate city departments you may give some future cyclist a legal leg to stand on should they be involved in some stupid litigation due to an accident on the path or while riding on the street.
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Old 05-11-06, 01:12 PM
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I guess I'm not sure what your beef with the law is?
Do you want to ride on the road? If that is the case, you have no problem - its not enforced. If you tell city council they may remember why they enacted the law and begin to enforce it and then no road riding.
Do you want everyone to ride on the path? If that is the case, ride on the path according to the law and don't worry about anyone else's riding habits.
Either way, I see no reason to go wasting your time trying talking to city council (unless you are an aspiring councilperson yourself).

After rereading the opening post it sounds like you have more a problem with reckless drivers than with the bike path law???
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