Bill protects ‘vulnerable’ road users
02-16-09, 11:18 AM
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Bill protects ‘vulnerable’ road users
Bill protects ‘vulnerable’ road users
By ROSANNA RUIZ
Copyright 2009 Houston Chronicle
Feb. 15, 2009, 6:42PM
Bicyclist Peter Wang considers Houston traffic a tameable wilderness.
He’s dodged his share of open car doors, but over the years, he’s learned how to maneuver around unaccommodating drivers.
"You might be expecting me to say that drivers in Houston are awful and bicycling is unsafe," said Wang, a Bike Houston board member. "What I found is, if you’re trained properly, you make your own safety to a large extent."
That’s where Sen. Rodney Ellis rides in.
The Houston Democrat, also an avid cyclist, has penned a bill to protect his fellow bicyclists, along with pedestrians, motorcyclists, runners, horse riders and farmers. In Ellis’ bill they are considered "vulnerable road users."
National Highway Traffic Safety Administration statistics support the descriptor. In 2007, the last year for which statistics are available, 698 cyclists were killed in the United States, 48 of them in Texas. Also that year, 4,833 motorcyclists, 375 of them in Texas, and 4,654 pedestrians were killed.
Under Ellis’ bill, co-authored by state Sen. John Carona, D-Dallas, drivers would have to get out of a traffic lane used by a vulnerable road user if another is available. Motorists should pass them at a "safe distance" of more than 3 feet if the motorist is in a car or light truck. Six feet would be considered safe for heavy trucks or commercial vehicles. Seven states, including Arizona, Florida and Oklahoma have similar laws on their books, according to Ellis’ office.
The bill also would require drivers making left turns at intersections to yield to bicyclists or other road users approaching in the opposite direction. Motorists also would be barred from intimidating or harassing bicyclists and pedestrians and would be prohibited from opening a vehicle door that interferes with their ride or walk.
"Everyone is affected by this bill," Wang said, "because everyone has been broken down by the side of the road before. … No one has the right to harass you or throw things at you."
Fines of up to $500
If the bill passes, violators who cause property damage would be cited with a misdemeanor and fined up to $500. If the violation results in injury, a driver could be cited for a Class B misdemeanor.
Enforcement could be tricky, as with other traffic violations, unless an officer happens to observe the infraction.
If you think its a needless law, consider the last time you saw someone behind the wheel make way for a bicyclist. For that matter, consider the last time you saw drivers getting out of the way of an ambulance trying to get an accident site.
It’s not a matter of courtesy, it’s the law.
As someone who has had a family member rushed to a hospital in an ambulance, laws that apply to emergency vehicles have particular importance for me.
While most drivers are aware they must yield to moving emergency vehicles rushing to scenes or hospitals, there’s a separate law that applies to parked ambulance, fire and police vehicles. Under that law, which took effect in 2003, motorists are required to move over one lane or slow down to 20 mph below the speed limit when passing a parked emergency vehicle.
This week, area law enforcement agencies will do their part to remind Houston-area motorists about that law. Violators may find themselves pulled over by a stern-faced officer who remembers too well how one of their own recently died.
In 2007, Precinct 5 Deputy Constable Jason Norling was killed while conducting a traffic stop on the Westpark Tollway when a sport utility vehicle swerved onto the shoulder, into his path.
"This is a huge safety issue for officers," said Capt. Carl Driskell, of the Houston Police Department’s traffic enforcement division.
One day last week, 52 verbal warnings were issued by HPD officers, he said.
But this week, tickets will be issued instead.
HPD as well as law enforcement officers in Pasadena, Sugar Land, Jersey Village and Humble will "vigorously enforce" the law. Harris and Fort Bend County sheriff’s offices and deputy constables from those counties also will take part.
Consider yourself warned.
If passed, Ellis’ bill effectively would put vulnerable road users into a protected class similar emergency vehicles.
"Sen. Ellis understands the need," spokesman Jeremy Warren said. "He’s had cars drive right up to him when he’s been on his bicycle."
Even if Ellis’ bill is passed, Wang will remain on alert when he’s on his bike.
As he should be.
***********
This looks pretty good.
By ROSANNA RUIZ
Copyright 2009 Houston Chronicle
Feb. 15, 2009, 6:42PM
Bicyclist Peter Wang considers Houston traffic a tameable wilderness.
He’s dodged his share of open car doors, but over the years, he’s learned how to maneuver around unaccommodating drivers.
"You might be expecting me to say that drivers in Houston are awful and bicycling is unsafe," said Wang, a Bike Houston board member. "What I found is, if you’re trained properly, you make your own safety to a large extent."
That’s where Sen. Rodney Ellis rides in.
The Houston Democrat, also an avid cyclist, has penned a bill to protect his fellow bicyclists, along with pedestrians, motorcyclists, runners, horse riders and farmers. In Ellis’ bill they are considered "vulnerable road users."
National Highway Traffic Safety Administration statistics support the descriptor. In 2007, the last year for which statistics are available, 698 cyclists were killed in the United States, 48 of them in Texas. Also that year, 4,833 motorcyclists, 375 of them in Texas, and 4,654 pedestrians were killed.
Under Ellis’ bill, co-authored by state Sen. John Carona, D-Dallas, drivers would have to get out of a traffic lane used by a vulnerable road user if another is available. Motorists should pass them at a "safe distance" of more than 3 feet if the motorist is in a car or light truck. Six feet would be considered safe for heavy trucks or commercial vehicles. Seven states, including Arizona, Florida and Oklahoma have similar laws on their books, according to Ellis’ office.
The bill also would require drivers making left turns at intersections to yield to bicyclists or other road users approaching in the opposite direction. Motorists also would be barred from intimidating or harassing bicyclists and pedestrians and would be prohibited from opening a vehicle door that interferes with their ride or walk.
"Everyone is affected by this bill," Wang said, "because everyone has been broken down by the side of the road before. … No one has the right to harass you or throw things at you."
Fines of up to $500
If the bill passes, violators who cause property damage would be cited with a misdemeanor and fined up to $500. If the violation results in injury, a driver could be cited for a Class B misdemeanor.
Enforcement could be tricky, as with other traffic violations, unless an officer happens to observe the infraction.
If you think its a needless law, consider the last time you saw someone behind the wheel make way for a bicyclist. For that matter, consider the last time you saw drivers getting out of the way of an ambulance trying to get an accident site.
It’s not a matter of courtesy, it’s the law.
As someone who has had a family member rushed to a hospital in an ambulance, laws that apply to emergency vehicles have particular importance for me.
While most drivers are aware they must yield to moving emergency vehicles rushing to scenes or hospitals, there’s a separate law that applies to parked ambulance, fire and police vehicles. Under that law, which took effect in 2003, motorists are required to move over one lane or slow down to 20 mph below the speed limit when passing a parked emergency vehicle.
This week, area law enforcement agencies will do their part to remind Houston-area motorists about that law. Violators may find themselves pulled over by a stern-faced officer who remembers too well how one of their own recently died.
In 2007, Precinct 5 Deputy Constable Jason Norling was killed while conducting a traffic stop on the Westpark Tollway when a sport utility vehicle swerved onto the shoulder, into his path.
"This is a huge safety issue for officers," said Capt. Carl Driskell, of the Houston Police Department’s traffic enforcement division.
One day last week, 52 verbal warnings were issued by HPD officers, he said.
But this week, tickets will be issued instead.
HPD as well as law enforcement officers in Pasadena, Sugar Land, Jersey Village and Humble will "vigorously enforce" the law. Harris and Fort Bend County sheriff’s offices and deputy constables from those counties also will take part.
Consider yourself warned.
If passed, Ellis’ bill effectively would put vulnerable road users into a protected class similar emergency vehicles.
"Sen. Ellis understands the need," spokesman Jeremy Warren said. "He’s had cars drive right up to him when he’s been on his bicycle."
Even if Ellis’ bill is passed, Wang will remain on alert when he’s on his bike.
As he should be.
***********
This looks pretty good.
02-16-09, 11:24 AM
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Sounds it, but I'd like to see the actual wording of the proposed bill beforehand.
-Kurt
-Kurt
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02-16-09, 11:32 AM
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Good point: You are your own best advocate regarding your personal safety while riding.
02-16-09, 03:46 PM
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In 2007, the last year for which statistics are available, 698 cyclists were killed in the United States, 48 of them in Texas. Also that year, 4,833 motorcyclists, 375 of them in Texas, and 4,654 pedestrians were killed.
Seven states, including Arizona, Florida and Oklahoma have similar laws on their books, according to Ellis’ office.
Seven states, including Arizona, Florida and Oklahoma have similar laws on their books, according to Ellis’ office.
02-16-09, 04:12 PM
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Wait one. Under the terms of this bill, hitting a cyclist with your car, which many consider assault with a deadly weapon, could be considered a Class B misdemeanor.
Instead of more laws, how about we just have fair, level enforcement of the laws on the books. You know, One Road, One Law.
Instead of more laws, how about we just have fair, level enforcement of the laws on the books. You know, One Road, One Law.
02-16-09, 06:34 PM
#6
You gonna eat that?
The main thing the bill does is require cars to give at least 3 feet of room when passing. Even a close call (less than 3 feet) would be a ticketable offense under this law. It doesn't take anything away, and gives cyclists some formal, lawful cushion from the cagers.
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I stop for people / whose right of way I honor / but not for no one.
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"However, it's never a good idea to overgeneralize."
I stop for people / whose right of way I honor / but not for no one.
Originally Posted by bragi "However, it's never a good idea to overgeneralize."
02-17-09, 05:49 PM
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It is a redundant law. Motorists already have to yield to oncoming traffic when turning left. Motorists are required to pass slower vehicles with due care and in a safe manner already. Just enforce existing law.
Demanding six feet of clearance from trucks is excessive. Simply overtaking in the next lane would be fine, and on the roads I ride on in Texas, doing so will still not be six feet of clearance when I am taking the lane.
If you want to help Texas cyclists, get rid of the far to the right law, and the must use bike lane laws.
Demanding six feet of clearance from trucks is excessive. Simply overtaking in the next lane would be fine, and on the roads I ride on in Texas, doing so will still not be six feet of clearance when I am taking the lane.
If you want to help Texas cyclists, get rid of the far to the right law, and the must use bike lane laws.
02-17-09, 06:19 PM
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"GENERAL OPERATION.
(a) A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle.
(b) A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry.
(c) A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle.
(d) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. § 551.103."
And:
"551.104(a) a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: (b)(2) the person is preparing to turn left at an intersection or onto a private road or driveway"
So if a cyclist is doing any of these things, or turning left from the right side of the road, it is a defense against prosecution under this statute.
