TheWashCycle

Contributory Negligence Bill unlikely to get out of committee. Expanded to include peds and wheelchair users.

From the Post

Council members Tommy Wells, chair of the Committee on the Judiciary and Public Safety, and David Grosso (D-At-Large), the bill’s main sponsor, said at a press conference Thursday that the bill is long overdue. They acknowledge the bill is unlikely to advance out of the committee — this is the third time it has been introduced –and already were talking about trying again next year.

Ward 6 CM-elect Charles Allen has already promised to support it.

When introduced, the bill only covered cyclists, but since its September hearing, it has been expanded to also cover pedestrians and people with disabilities, including those who use wheelchairs.

Another amendment is likely to be added that protects joint and several liability. Why won't it pass?

But the American Insurance Association says the change is unnecessary and would result in significant cost increases to D.C. drivers.

Where is the all-powerful bike lobby when you need it?

Bicycle and Motor Vehicle Collision Recovery bill hearing this Monday

There will be a hearing on the Bicycle and Motor Vehicle Collision Recovery Act of 2014 this Monday and if you can go and testify in favor of it, you should. The bill would allow crashes between cyclists and drivers to be adjudicated on a Comparative Negligence Standard instead of the current Contributory Negligence standard. This is probably the most important bike law proposed in DC (or MD or VA) since this blog was started oh so many years ago. I haven't been writing about it very much lately, because so many other places have.

Here's GreaterGreaterWashington on it yesterday.

The DC Bicycle Advisory Council will be voicing their support, and so will WABA.

If you want to testify, you have to sign up by the end of today.

For those wishing to testify, please contact Nicole Goines at 724-7808. Include your name name, address, telephone number, and organizational affiliation, if any, by 5 pm Thursday, September 25, 2014.

And here are some old posts of mine on the subject (but there are more)

Back in 2008 - Contributory Negligence and Last Clear Chance

A wishlist item - CWL 2009 #12 Comparative

About Maryland's - Two Chances to Reform Contributory Negligence Doctrine in Maryland

And about Grosso's bill - Grosso introduces bill to change car-bike crashes from contributory negligence to comparative negligence

GGW's Jim Graham interview on transportation

The interview is here, last interview starting around 9:40. Since David Alpert doesn't bring it up, I have my ntoes below.

Alpert asks about how to make things safer and better for cyclists and pedestrians and Graham notes that its complicated asks back "should cyclists be subject to traffic controls." He states that in practice they are not, but that everyone else is. He then talks briefly about the Idaho stop and the vortex that such a discussion leads to. {He asks if it is law anywhere else, and the answer is no, but stop-as-yield laws are in place in parts of Colorado]. He seems to regret that the city doesn't have a motor vehicle ticketing division of MPD and then starts talking about how drivers and pedestrians also don't have to follow traffic control laws. To his credit, Alpert calls him out on this, noting the contradiction between his original statement about how only cyclists could break the law without fear of enforcement, but Graham manages to dodge Apler's question by making it seem like it was his point all along - "it's complicated." He states support for dedicated bicycle lanes and bike sharing, and streets dedicated to bicyclists. He's going to do a Ward 1 forum on bicycles. When Alpert explained it to him, he was interested in the idea that increasing cycling numbers decreases violations per cyclist. Mentions couriers and how everyone used to complain about them. 

Transit Benefit Act withdrawn

Late last year, Mayor Gray introduced the Transportation Benefits Act of 2013 as part of the Sustainable DC initiative that would have benefited bike commuters. 

At the beginning of this month, Mayor Gray submitted a package of 11 bills as part of the Sustainable DC Act of 2013. Included in this is the Transit Benefit Establishment Act of 2013, which would require that employers with 50 or more workers provide their minimum wage-eligible staff with some form of transit benefit. [This]  could include the bicycle commuter benefit, if the employer chooses to offer it.

While not perfect, that bill had a lot of promise. But that bill was withdrawn about a month after it was introduced. I've contacted the Mayor and members of the council to find out why, but no one has written me back. So that's disappointing. 

On a related note, there are some other bills that are working their way through or have been approved that cyclists might be interested in. 

There is the Kenilworth Section Of The Anacostia Riverwalk Trail Contract Emergency Approval Resolution Of 2014. This bill will let DDOT lease land from Amtrak fore $2M that will be needed for the Kenilworth section of the ART. This passed earlier this month.

There's the Smoking Restriction Amendment Act of 2013 which became law at the end of 2013. It prohibits smoking at or within 25 feet of any public recreational facility when another person is present (with an exception for smoking at residential property) and it defines a public recreational facility to include trails.

The Spring Place Real Property Limited Tax Abatement Assistance Emergency Act Of 2013, provides a limited real property tax abatement and tax relief to the Spring Place development project. That project includes "completion of a segment of the Metropolitan Branch Trail". It passed last year. And associated with it is the Dedication Of Land For Street Purposes (s.o. 13-) Act Of 2013 which allows for the realignment of the street Spring Place, NW in squares 3185 and 3186 for the extension of the Metropolitan Branch Trail within those blocks. That bill is still in committee. Spring Place, NW is a short road between Blair Road and the Takoma Metro Station. 

Preliminary Approval for the Bicycle Safety Act

The DC Council gave preliminary approval of the Bicycle Safety Amendment Act of 2013. I watched the proceedings on the intertubes and it was rather uncontroversial. WAMU kind of has the bill wrong it does not "allow cyclists to cross at pedestrian intersections" as that is already allowed.  It allows cyclists to cross when the pedestrian light is green, even if the traffic light is red, which means where there is a PLI that allows peds to start early, cyclists can get a jump as well.

The bill does the following

• Requires an applicant for an operator’s permit to demonstrate knowledge of safely sharing roadways with pedestrians and bicyclists,
• Allows bicyclists to use pedestrian traffic control devices to cross an intersection unless otherwise indicated
• Establishes a requirement that public space permit holders blocking a sidewalk, bicycle lane, or other pedestrian or bicycle path  provide a safe accommodation for pedestrians and bicyclists
• Establishes driving record points and civil fines for failure to yield the right-of-way to a bicycle and colliding with a bicycle, 
• Removes the requirement for bicycles to have an audible warning device, and where it can be used.

Special Election candidates on reallocating road space

Silverman, for the bike vote

Would you support a new bicycle lane on Connecticut Avenue NW, even if it resulted in fewer on-street parking spots or altered traffic patterns?

Frumin and Zukerberg would need more information about the lane’s design before giving an opinion. Bonds, Redd and Mara are inclined to oppose it, worried about a loss of on-street parking. Silverman is inclined to support it. “If we are to promote cycling, we need to promote cycling on our major thoroughfares,” she said.

Also, Zuckerburg apparantly used pedicabs to get voters to the polls.

Cheh promotes Conn Ave cycle-tracks at hearing

I testified yesterday at a hearing of the DC Council's Committee on Transportation & the Environment. The hearing was on Pedestrian And Bicycle Infrastructure and Safety and on the Bicycle Safety Amendment Act of 2013.

All the speakers I heard from either completely supported the bill, had no opinion on it or supported everything but the removal of the bell mandate, though in most cases they didn't really seem to have heard about that part until the hearing, so I wouldn't say they were passionate about it. I didn't stay for the whole hearing, but of the last three speakers I didn't hear from, I was sure that two would support it. 

You can read WABA's testimony here. An eventually you'll be able to watch the whole hearing here. 

Mary Cheh, the Chair of the committee, was the only CM in attendance (though Grosso sent a staffer), and I was pretty enthused about her comments on biking and walking. It's pretty clear that she bikes frequently, a fact I already knew, but one that came though clearly in her questions and comments. She talked about biking from the District Building to Sibley, which is no short haul. And I think the personal experience informed some of her opinions.

The biggest piece of news to me, though apparently it had been discussed at a previous hearing, is that Cheh wants DDOT to put in cycle-tracks on Connecticut Avenue. I think she said "down the middle" like on Pennsylvania Avenue, but I may have heard wrong. As the Chair of the committee with oversight of DDOT, that's more than just a casual request. WABA clearly supports cycle-tracks there and on other major arterials as well. 

She also took the opportunity several times to call on DDOT to repave the 15th Street cycletrack which she said was starting to require a mountain bike.

She asked questions about the Idaho Stop, and seemed open to the idea, though I know WABA wants to see contributory negligence fixed first.

There was a lot of discussion about sidewalk cycling. Several speakers after me were concerned about the issue, with one wanting it banned in Georgetown. Though of that group of speakers, one neighborhood advocate said that cyclist on the sidewalk was not even mentioned in a poll of his groups members about sidewalk safety. Cheh seemed to agree with WABA, that sidewalk cycling is often not ideal, but banning it would be an over-reaction and that it would discourage new cyclists, concerned cyclists from riding. I said that DDOT should review crash data on sidewalks before any decision is made. I've looked at the issue before, but MPD doesn't always report if a crash happened on the sidewalk, so the data is weak, but I think there are actually few crashes, and they are rarely serious. I will say this:

• I know of 5 ped-bike fatal crashes in the DC area and none of them were the result of sidewalk cycling
• DDOT counts show that few cyclists ride on sidewalks, unless it is some place like the National Mall
• Cyclists and pedestrians can share space safely as demonstrated on numerous trails

Cheh asked if MPD was enforcing laws, specifically laws about parking in the bike lanes. I told her that even after the Council added a fine to the law, enforcement didn't seem to pick up and that there was even a website dedicated to "Who is parking in the L Street Cycle track today".  There was also talk of the new rules for closing bike lanes and creating "safe accommodations", with a few speakers concerned that it would be no more effectively carried out than it is for sidewalks now.

Cheh also wanted to know about education and what the District could do to better educate drivers.

I have to say it was all a breath of fresh air. There was a little bit of "cyclists always run red lights," calls for banning bikes on sidewalks and one complaint about the "preferential treatment" cyclist receive, but in general there was a lot of agreement. And Cheh came off as at least as sympathetic to the position of cyclists and pedestrians as anyone else in DC government. I know I was concerned that by losing Tommy Wells as head of that committee we were losing someone who understood the importance of active transportation, but Cheh is right there with him. When the chair of the Pedestrian Advisory Council said that DDOT Director Terry Bellamy might attend a meeting she said she wanted to know if he would so she could attend too. 

In the end, I'm confident the law is going to pass, and I look forward to cycle-tracks on DC's diagonal streets. 

Friday Afternoon Commute - Sign of Civilization

Is everyone excited about the new Nicole Kidman movie about tandem cycling?

• DCist digs into the BikeDC cancellation. "Bauman says he was stymied for months by Mayor Vince Gray's Special Events Task Group and the National Park Service. Bauman says he submitted his request to for a permit to the special events group last November, but did not get an appointment until January, and it wasn't until a few weeks after that when he was told to jump through more hoops involving the Metropolitan Police Department's special operations division, which handles security needs for events around the city....Bauman says he was told that Bike DC could not close certain segments of the Spout Run Parkway and U.S. Route 50 at the same time."
• Cafritz Property at Riverdale Park officially re-submitted their plan to develop the land that straddles the future PG County Trolley Trail. 
• "Three members of the Arlington County police force will participate in the annual “Rode to Hope” Law Enforcement United bicycle trek, which will run 250 miles from Chesapeake to the District of Columbia over a three-day period in May."
• This story about Taylor Phinney reminds me of the greatest Canadian Sports Film You've Never Heard Of a.k.a. "Running"
• WABA on the BSAA 2013 hearing.
• I guess I have to accept that the "SmartBike failed" interpretation of history is going to prevail, much like Jackson's concept of the "corrupt bargain" has. (My thoughts here)
• "Bike lanes and pedestrian activity is a sign of civilization."
• A photo essay on DC bicycling.
• Bike Maryland asks Maryland voters to support more transportation funding. 
• Sally Jenkins on Lance Armstrong "All I'm trying to say is, I think there is a level of outrage at Lance that is simply out of proportion to the offense, in my joking way. I've heard him compared to wife beaters and child molesters, and it's absurd."
• Below is a map of Maryland bike crashes from this presentation about bicycle and pedestrian safety in PG County. ("Data from Baltimore City contain records of crashes but not locations; accordingly, those crashes do not appear in the maps below" WC: Well then, that's something we should fix.) Some of the recommendations are: 
  • "In conjunction with M-NCPPC, SHA, and bicycle advocacy groups, develop a list of roads that are available immediately for restriping for bike lanes."
  • Create a Pedestrian and Bicycle Safety Advisory Group within County government
  • MHSO and DPWT should share data on the locations of pedestrian and bicycle incidents
  • DPWT should work with PGPD to develop a “checklist” of engineering and situational deficiencies that officers use during their investigations of crash sites, which can then be shared with the Traffic Safety Division. DPWT should then eliminate the collision audit program and use the recommendation from PGPD to develop work orders for pedestrian and bicycle improvements

Friday Morning Commute - Stripped

Good morning

• DC Council's Committee on Transportation and the Environment will have a hearing on Pedestrian and Bicycle Infrastructure and Safety on March 25 at 11:00. They will reportedly consider the Bicycle Safety Enhancement Act of 2013. You can sign up to testify at the link, if you are so inclined. 
• One reader has good things to say about GiveLoveCycle "a couple months back you posted a link to the GiveLoveCycle bags that fit in the handlebar rack of a CaBi, and I thought that would be a perfect gift for my wife, as she commutes almost exclusively by CaBi. I ordered her one, they sent it, and USPS left it under the stairs where the box was opened and the bag was stolen. I emailed them to ask if maybe the package was insured. They said no, but that if I could come pick up the bag, they'd give me a new one."
• Interesting art project in Philadelphia about stripped bicycles. 

Monday Morning Commute - No Bags

Good morning

• One cyclist left their Go-getter bike bag on their bike while they visited the Library of Congress and House office buildings. Capitol Police treated it as a bomb threat and mutilated it. "I couldn’t help myself and I said holy crap that’s a $150 bag. They offered me no sympathy and told me I shouldn’t leave a bag on the bike near the Capitol buildings or anywhere around DC." So if you're coming to the bike summit this week, keep that in mind. 
• More development coming along the ART.
• If the Purple Line, and thus the extended CCT, is built, there will be less development along it in the Chevy Chase Lake area. In the image below, you can see the trail and it's bridge over Conn Ave on the north side of the Purple Line. And, in other Purple Line/CCT news, silver spring trails explains why the project doesn't need a Health Impact Assessment. 
• At a recent Alexandria Traffic Board Hearing, T&ES staff requested approval to remove one car parking space on King Street to allow for the installation of a bike corral with space for 8 bikes. "T&ES staff has coordinated with the Old Town Civic Association and key businesses located at the intersection of King Street and Union Street. None of the businesses that were contacted posed an objection to the removal of the parking space, and many noted that they believed the additional bicycle parking would bring more business to their establishments."
• Council Staff on the need for automatic points in car collisions with cyclists: "Currently, there is no fine or penalty for a driver who collides with a bicyclist. If a driver collides with a cyclist as a result of violating traffic laws, e.g. failure to yield, the driver is only cited for the underlying infraction. Certain traffic offenses against pedestrians are currently singled out for enhanced penalties where the same offenses against bicycles are treated identically to an offense between two cars. While it is often desirable to treat cars and bikes equally under the law, the vulnerability of cyclists to collisions with cars warrants increased penalties. This bill is necessary in order to create more severe penalties for drivers who hit cyclists and to eliminate ambiguity surrounding who should be cited for which violations in the event of a collision. Under current District law, hitting a cyclist does not amount to an offense beyond any other moving violation that led to the collision. With respect to cyclists, the practice of citing drivers for the infraction that caused the accident is insufficient for several reasons. MPD has a questionable history when it comes to properly citing drivers involved in accidents with cyclists. In some instances MPD ticketed the cyclist who was hit by a car, even though hitting a cyclist would seem to be a prima facie violation of the 3-foot passing requirement. Additionally, even when MPD does properly cite a driver who hits a cyclist, the penalty may be minimal. District law already has a citable offense for colliding with a pedestrian. This amendment would simply put cyclists on par with other vulnerable road users."
• I think I missed this article when it came out. There's nothing new in it if you follow the blog, but it's a pretty good summary of the status and recent history of bicycle transportation in DC. 
• The helmet challange - ask your helmet-law advocate to take it. Brilliant.
• Richard Layman disagrees with the analysis of "why cyclists enrage drivers" from BBC futures. While I agree with him that drivers aren't morally superior, I do think that part of the explanation is that cyclists break rules that drivers hold above the law - like cutting in line (even though that isn't really what's happening) and not running red lights from a stop. It's the "rules" that cyclists break that make them angry, even when not an actual law or rule (like riding in the street or on the sidewalk). But other violations, like riding without a headlight, almost never seem to get mentioned, even though it's much more dangerous.  
• Starting this week, a long stretch of the W&OD trail ( from Shirlington in Arlington County, all the way to the western town limit of Herndon in Fairfax County) will be open for extended hours - from 5am to 9pm - as part of a pilot program. 
• National Transportation Safety Board, not so interested in bike/ped safety. 

Chevy Chase Lake Site Plan