TheWashCycle

Maryland advocates: What I did on my summer vacation

Here are a few tidbits about what some Maryland advocates did over the summer.

Jack Cochrane is known as the key bicycle advocate in Montgomery County, but he is also a summertime advocate in western New York.  Until recently, Route 394 had a door-zone bike lane as it passed through one of his favorite towns.  He wrote the state department of transportation: 

But after resurfacing, the line separating the parking area from the bike lane has not been repainted (all the other lines were repainted).  This creates a wider parking area at the expense of the bike lane.  The bike lane symbols are gone too.  Please leave it that way.  Now bicyclists are free to ride in the travel lane (safely away from parked cars) without drivers getting upset at them for not riding in the bike lane.   

He wanted to urge the state to place "Use Full Lane" (R4-11) signs there, but New York State explicitly decided not to adopt the sign.

Another Maryland advocate persuaded the police on Long Beach Island (New Jersey) to change the text on a variable message sign from "Cyclists obey traffic laws.  Stop at red lights and stop signs" to "Walk to the left, bicycles ride right."  When a driver wrote a typical letter to the local paper urging a police crackdown on scofflaw cyclists, he wrote a letter commending the police.

Clueless drivers ... threaten the lives of cyclists and pedestrians...So many drivers park on the sidewalk that one must assume that most drivers do not know what a sidewalk is... So many drivers fail to yield to pedestrians in crosswalks that one would assume that many drivers do not know what a crosswalk is...So many drivers speed that one must assume that drivers mentally add 10 mph to every posted speed limit—not so different from cyclists who run red lights and stop signs (5 mph instead of 0 mph)...Almost all drivers make illegal right turns on the bike lanes along Atlantic, Beach, and Long Beach Boulevard south of Beach Haven....Many drivers illegally honk their horns at cyclists riding in the center of the lane for their own safety...Fortunately, the Long Beach Township police are trying to educate drivers and cyclists on how to be safe.

Finally, the Maryland Department of Transportation's director of bicycle and pedestrian affairs spent some time in the cooler climate of Calgary, Alberta.   The Calgary Herald reported

Today, the conference heard from a delegate from Maryland named Michael Jackson, who examined  schools in his state that have actually banned students from walking or riding a bike to school. It seems absurd, but it’s not uncommon, and it’s hard not to think poor understanding of cycling drives some of those prohibitions. 

(Jim Titus is a bicycle advocate from Prince Georges County, Maryland)

Texas Share the Road Sign

photo by bikesnick

Monday Afternoon Commute - geoglyphs

Good afternoon. A co-worker pointed out today that the original Star Wars Trilogy is basically unchanged if Leia and Luke aren't siblings. Sure, maybe it explains why Luke looses it during the last light-saber fight, but you could've gotten there without it (as Family Guy so eloquently pointed out). And it doesn't matter in the second trilogy either. So why do it? Anyway the speed bike chase is still pretty cool.

• Coverage of the DDOT bike lane meeting from GGW. I have some notes to add to this as well, but as usual, I'm behind. 
• The new plan for the McMillan sand filtration site includes "a hiker-biker trail along North Capitol for the length of the site, several new sidewalks, and two Capital Bikeshare stations on the site—one near the grocery store and one in the middle of the mixed-use medical office/retail complex."
• Bicycle as paintbrush.
• 'For [3-feet passing] laws to work, cities must incorporate two key components - education and enforcement. Without those things, "the [three-foot] law is just something written on a piece of paper," says Mike Samuelson of the Alliance for Biking & Walking.'

In Maryland, the 3-foot passing law confuses everybody

Maryland’s 3-foot passing law is unusual. Like the DC law, the general rule is that cars must leave a 3-foot clearance when passing a bike, §21-1209(a)(2). But unlike the DC law, there are several exceptions. And in some situations, bicycles are also subject to the 3-foot rule.

The statute explicitly lists four situations when drivers do not have to leave a 3-foot clearance

1. If the cyclist is failing to maintain a steady course.
2. If there is an adjacent bike lane and the cyclist is violating the legal requirement to be in the bike lane. The requirement to be in a bike lane has so many exceptions that only a well-versed cyclist who happens to be driving will know whether a cyclist has the legal right to be outside of the bike lane. Nor does anyone know what it means to be outside the bike lane. Does it mean that the car needs to be 3 feet to the left of the bike lane, and if the cyclist’s shoulder intrudes a foot into the bike lane, then the buffer is only two feet. Or maybe it means that as long as the bike’s tire is in the bike lane, one must give the cyclist three feet. 
3. If the cyclist is violating the legal requirement to ride as far to the right as practicable and safe. This requirement has even more exceptions, so a driver is very unlikely to know if the requirement is met.
4. If the highway is too narrow for the driver to legally pass with the required clearance. This probably only applies to narrow highways, such as one-lane bridges and narrow roads where cars must slow and pull partly off the road to pass in opposite directions. But Bike Maryland believes that it also applies to no-passing zones (double yellow lines) on standard 2-lane roadways , because it thinks that the legislature inserted the word “highway” when it meant “lane”.  This assumption prompted Bike Maryland to sponsor HB 1397 which would have allowed cars to cross the double yellow line to pass bikes.  That way, our Baltimore allies reasoned, the exception to the 3-foot rule will no longer apply because it will be legal to pass with the required clearance.  Previous posts on this blog have discussed why many cyclists did not support that bill. MDOT also opposed the bill, albeit for different reasons. After the session, some of the advocates had an email colloquy with MDOT on whether the three-foot bill does or does not apply to the typical 2-lane road.    I asked MDOT for its position on that question, but so far, MDOT has not responded,

These four exceptions have been widely publicized, though few drivers probably undestand what they mean and no one knows what the final one means. But the statute also imposes two requirements on cyclists. First, §21-1209(a)(2)(ii) applies to any vehicle passing a bike, so a bike passing another bike is required to leave a 3-foot clearance.

The law also prohibits bikes from overtaking cars on the right within a standard travel lane on a 2-lane road, although they may pass on the left within such a lane. § 21-304 prohibits overtaking on the right if the highway is not wide enough for two or more lines of traffic moving lawfully in a given direction. Given the 3-foot passing law, there has to be room for the cyclist and 3 feet of clearance, for two lines of traffic to move lawfully. Therefore, if the lane is too narrow for cars and bikes to travel side-by-side with a 3-foot clearance, bikes may not pass on the right. This is not an issue for 4-lane (and wider) roads which have room for two lines of traffic. So a cyclist can legally squeeze between the curb and cars slowing for a traffic light on US-1 or Georgia Avenue, but not along the typical 2-lane road unless it is wide enough for side-by-side sharing (i.e. at least 13-14 feet) or has a shoulder into which the cyclist can pass.

Between the ambiguous exceptions, and the exceptions to(the (bike lane and keep right) exceptions, Maryland has a law that is too confusing to explain to student drivers.  Fortunately, the Motor Vehicle Administration appears to be sticking to the simplest approach:  Drivers should pass cyclists with at least three feet.  This was always MVA's recommended best practice, and the fact that a court can not convict a driver for passing with less clearance in some situations does not change the clearance with which a reasonable driver will pass.

(Jim Titus is on the board of directors of WABA from Prince Georges County, The opinions expressed herein do not necessarily represent the views of WABA.)

Good and bad bills defeated in Maryland Legislature

The 2012 legislative session did not substantially advance the interests of cycling in Maryland. Last year saw the passage of House Bill 363, which created a new crime of vehicular negligent homicide, after years of lobbying by cyclists, AAA, victims families, and the elected states attorneys. And 2010 was a banner year, with both the creation of the 3-foot passing law and repeal of the long-hated mandatory shoulder use rule.

This year, the General Assembly rejected Governor O’Malley’s proposal to end the sales tax exemption for gasoline, which means that many transportation projects are likely to proceed more slowly than planned—including those that help cycling. The Purple Line will be threatened unless the Legislature provides funding next year. The Legislature also declined to give police the power to stop a driver for talking on a cell phone. But the news was not all bad:

• A Senate bill to repeal the negligent homicide statute was soundly rejected (S.B. 942);
• The House Environmental Matters Committee gave an unfavorable report to a bill that would have allowed automobiles to cross the double yellow line to pass bikes (H.B. 1397); and
• The House failed to act on a proposal to legalize cycling on all sidewalks statewide except for those in Gaithersburg and Baltimore (H.B. 946).

While each of these bills were poorly conceived, the sponsors had good intentions and it may be possible to accomplish their objectives without the problems their bills would have caused. Over the next few days, I’ll comment on the fate of those three bills and possible next steps.

(Jim Titus is affiliated with several Maryland cycling groups. The opinions expressed herein are Jim's alone, and do not reflect the views of any organization with which he is affiliated.)

Tuesday Afternoon Commute - 3 Foot in action

Good afternoon

• Regardless of how thick the concrete at the Silver Spring Transit Center, which includes a section of the Met Branch Trail, is, it doesn't sound like it will opening on time. 
• A new Triathlon themed store, Tri-360, is opening in Falls Church. I don't know if it will include bikes or accesories. 
• A Florida cyclist riding early in the morning without lights, reflective clothing or a helmet and using headphones was snagged by a protrusion on a passing garbage truck. He settled before trial, but a lawsuit followed between various parties associated with the garbage truck in which one party argued that the driver was at fault for violating the 3 foot passing law. 
• The Student Conservation Corps is hiring staff to work on the Met Branch Trail. DC Crew Leader and DC Conservation Crew Member: 
• DCist's Martin Austermuhle asks about the petition to remove the Metro rush-hour restriction. He's pretty strongly in favor of the ban, but I think this post still accurately represents my opinion. 

Wednesday Morning Commute - It's OK officer, it's for science

Good morning

• DCBAC has a break down of DC candidate positions on transportation and biking.
• One reader reports "DDOT finished the [bike] lanes that were started in the 800 block of Upshur.  They go all the way to Rock Creek Church Road! " 
• Lydia DePillis attended the ANC 6B meeting where the new 11th Street Recreation Bridge proposal was discussed. It will require a private partner, which means some commercial elements. It will be less High Line and more Ponte Vecchio (which is, coincidentally, how I describe myself on my resume). As I suggested in the comments earlier in the week, they're considering removing the existing roadbed and building a new structure on the pylons. Also "The planned streetcar route goes right by it on the west side of the river, and could have a stop right there. And The District actually has to move pretty quickly here. Contractor Skanska needs to know by May whether or not it'll be constructing the bulb-out viewpoints that are part of the current plan." No mention as to why it is the downstream bridge and not the upstream one - or both. Or the Douglass Bridge (Answer below)
• Froggie and David Alpert discuss ways to improve the 14th Street Bridge for cyclists and pedestrians in light of the new EIS. 
• The guy who had an internet hit showing himself crashing into things in NYC bike lanes redid his experiment where he tried to steal his own bike. Spoiler alert: We all kind of suck, but the police will eventually show up to ask you what you're doing. 
• Idaho working on 3 foot passing law; one lawmaker proposes making riding two abreast illegal. 
• The Senate transportation bill is expected pass today. "Bicycle, pedestrian, safe routes to schools and rails-to-trails programs — which were targeted by Republicans — were preserved by a compromise that moves them into a larger congestion-mitigation program where they would have to compete with other programs for money."
• From the beating a dead horse file - "Since 1947, the amount of money spent on highways, roads and streets has exceeded the amount raised through gasoline taxes and other so-called "user fees" by $600 billion (2005 dollars), representing a massive transfer of general government funds to highways."  And "since cyclists require so little lane space and parking room, and impose so little wear on roads, they actually deserve a rebate of around $250 a year on our taxes, if they don't also drive"
• Tyler Hamilton's Olympic gold medal is at risk. On the upside for American fans, Bobby Julich would get the Silver. 

Answer: The Douglass Bridge is downstream of the Navy Yard. This means the draw bridge element of it still has to work to allow ship traffic to reach the Navy Yard. And keeping that working will severely limit what you can do on the bridge (no sandboxes) and make it all cost prohibitive. I suppose they could remove the center and create two piers, but that's not quite the same. 

Maryland Legislative Roundup

Last year this blog featured about a dozen detailed posts on Maryland House Bill 363, which created a new crime of negligent vehicular homicide.  Cyclists, AAA, victims families, and the elected states attorneys all supported that bill for several years before it became law; and WABA did the leg work to ensure that those living in the district of the key Senate Committee Chairman contacted their legislator.

This year we've had fewer posts about legislation in Maryland, but activists are pushing a number of bills.  Below is a summary of the four most significant initiatives.  I'll warn you at the outset that I have a less favorable view on these bills than most of the activists, not because I disagree with the objectives but because I think several need work to strengthen their positive features and remove their negative features.  Be that as it may, if all of those bills pass, here is the result:

• There will no longer be a potential jail term for those who unintentionally kill someone due to driving that constitutes a substantial deviation from the duty of care, unless the driver is drunk, speeding by 30 mph, passing a school bus, or crossing the double yellow line.  SB 942 largely repeals HB 363 which we worked hard to enact last year.  I hope to prepare a more detailed post.  The proponents (several states attorneys) actually want stronger legislation, but they think that H.B. 363 was watered down too much last year.  They prefer to start over by repealing the bill enacted last year and then identifying a few crimes that would be negligent homicide.  (Cycling organizations, AAA, and victims families oppose this bill.)
• Police will be able to ticket people talking on a hand-held cell phone.  HB 104  (SB 217) makes using a hand-held mobile phone a primary offense, which allows police to  stop and cite offenders for that reason alone. This bill repeals provisions of law that require enforcement as a secondary offense of specified violations involving the use of a wireless communication device while operating a motor vehicle, and also applies whether or not the car is moving.
• Drivers will be allowed to cross the double yellow line to pass a bicyclist, as long as the passing distance is not greater than 3 feet  (HB. 1397).  I personally do not like this bill.
  • I think that if we are going to legalize something alot of motorists do, we should also legalize something alot of cyclists do (e.g. rolling through a stop sign). 
  • It seems to repeal the cyclist's right to take the lane by riding in the center of the lane, since it lets a driver squeeze alongside the cyclist at a distance of three feet; I'm not sure whether an R4-11 sign would restore that right.  A previous post by WABA had recommended allowing drivers to cross the double yellow lines, if they leave a much larger passing distance (e.g. change lanes to pass).  The differing perspectives by cyclists were not synthesized to create a bill that resolves all the outstanding issues.  
  • The bill also allows drivers preparing to make a left turn to cross the double yellow line and salmon in the oncoming lane for a few hundred feet. 
• Cyclists will be able to ride on all sidewalks except where the local government has specifically prohibited it.   I think H.B 946 needs to be revised because as written, it will create an unneeded administrative burden on jurisdictions that have decided not to legalize cycling without specifically prohibiting it (since it was already prohibited).  In Prince Georges County, DPW&T has authority and intends to work with cyclists to administratively legalize riding where it is safe.  If “prohibited” was changed to “prohibited or regulated” then that problem would be solved and I would support the bill. 

Advocates are working on two other changes worth noting, but I think that they may be too late to get a bill introduced this year. 

• John Wetmore, who produces “Perils for Pedestrians” is working with Senator Frosh (D-Bethesda) on making utility easements more available for trails.  Maryland already has a statute that relieves some owners of trails from liability, and that law could certainly be extended to utilities.  But I doubt that would be sufficient to make Pepco or BG&E enthusiastic about trails.  I personally think that to be effective, the law would have to give the utilities substantial financial incentives such as, for example,  reducing the assessment of utility real estate by an amount equal to what such an easement would otherwise cost to buy.  I think it would also be possible to require public access on all new utility easements that are acquired without running afoul of the takings clause.  But for existing utility easements, compensation would be required.
• The key advocates for MoBike are looking for a sponsor of a bill to require MDTA to allow bikes to ride on the shoulders of the Intercounty Connector.

 (Jim Titus is on WABA's Board of Directors and represents Prince Georges County of the Maryland Bicycle and Pedestrian Advisory Committee (MBPAC).  He tends to wait 4-8 hours after a post is uploaded before replying to comments.   The opinions expressed here are Jim's alone and do not represent the views of either WABA or MBPAC.)

 

Monday Afternoon Commute - Chuck Norris crosses that bridge before he gets to it

Good evening

• A bill was introduced in Maryland that would create an exception to prohibitions against driving a vehicle on the left side of the roadway in a no-passing zone for a driver who is making the minimum adjustment necessary under specified circumstances to facilitate the provision of the 3-foot clearance for overtaking and passing a bicycle.
• Reminder: Capital Bikeshare on the Mall is on the March 1 agenda for the National Capital Planning Commission. Also, the CaBi newsletter is here. 
• A bicycle-pedestrian bridge between Slovakia and Austria might be named after Chuck Norris. Because Chuck Norris flosses with bicycle chains. 
• Occasionally, work sends me to Titusville, FL and on my first trip I noticed an old railbed that I thought would make a nice bike trail. I'm not the only one. "The Volusia County Council invites all residents to join them in celebrating a ribbon-cutting ceremony for the first 5.7-mile trail segment of what will eventually be one of the longest rail-trails in the state, covering 50 miles between Enterprise to Edgewater, in addition to a 10-mile leg through Brevard County to Titusville."

Wednesday Afternoon Commute - 4 feet

Good afternoon

• This isn't really related to cycling, but while looking at where Young Elementary School was in relation to the Anacostia Riverwalk Trail, I saw this aerial photo of the RFK parking lots. The thing I noticed was that you can see all the dirt in the parking lot that's runoff from the construction in the NE Corner. That's all.
• Falls Church bike store Bike Club is temporarily closed to address some building safety concerns by the City of Falls Church. It expects to reopen in two months. 
• Pennsylvania may soon have a 4-foot safe passing law. The law would also make it illegal to "turn right into the path of a cyclist." But "He doesn't know of any research showing a link between safe passing laws and a drop in bicycle accidents or deaths, and concedes enforcement will be a challenge."
• Biking is "more reliable."