For Virginia cyclists, Fw: 2005 VBF Legislative Agenda

We just got this from Allen of the Virginia Bicycling Federation today. I'm
passing it on to y'all.

Matt O.


Allen J. Muchnick wrote:

Below is my recent statement to the Arlington County delegation to the
Virginia General Assembly. Many state legislators will hold similar
local public hearings for constituent input shortly before the
January 12th start of the 45-day legislative session, and statements
supporting bicycling issues are helpful and encouraged.

We will need the strong support of bicyclists throughout Virginia to
pass the four bills mentioned in my statement, particularly the one
calling for regional VDOT bicycle advisory committees. None of these
bills have actually been filed to date, so there are no bill numbers
yet, but you can refer to them by their likely patron: Delegates
Ebbin, Hargrove, and Suit.

Stay tuned for updates in the coming weeks.

Allen Muchnick, President
Virginia Bicycling Federation
PO Box 5621, Arlington VA 22205

703-271-0895
http://vabike.org

==========


PUBLIC HEARING BEFORE THE ARLINGTON COUNTY DELEGATION
FOR THE 2005 SESSION OF THE VIRGINIA GENERAL ASSEMBLY
ARLINGTON COUNTY BOARD ROOM
JANUARY 4, 2005
REMARKS OF ALLEN J. MUCHNICK, PRESIDENT
VIRGINIA BICYCLING FEDERATION

Good evening and happy new year. I'm Allen Muchnick, president of the
Virginia Bicycling Federation (VBF) and a Legislative Contact Team
volunteer with the Virginia Conservation Network and the Virginia
League of Conservation Voters.

VBF deeply appreciates the strong and long-term support of Arlington's
legislators for better bicycling and walking conditions, including the
effective work of former Delegates Almand, Darner, and Connally. Even
when not passed, several bicycle-related bills that Senator Whipple
patroned in 2002 and 2003 soon produced the reforms intended,
including recent VDOT policies that allow standalone pedestrian and
bicycling improvements with highway construction funds and that
dedicate 10% of Virginia's Hazard Elimination Safety funds to a new
pedestrian and bicycle safety program. Also, nearly all of the
bicycling law reforms that Senator Whipple patroned for us in 2003
were successfully enacted in 2003 or 2004.

Last March, the Commonwealth Transportation Board adopted a
far-ranging _Policy for Integrating Bicycle and Pedestrian
Accommodations_. While this new policy is significant as a statement
of explicit intent, VDOT still lacks the robust bicycle and
pedestrian program needed to create a state highway system that
adequately supports bicycling and walking.

A month ago, the Virginia Bicycling Federation wrote to Transportation
Secretary Clement to ask that VDOT establish both statewide and
regional bicycle advisory committees that a) meet regularly, b) are
comprised mostly of representatives selected by bicycling
organizations, and c) have strong citizen leadership. Bills to
require bicycle and pedestrian advisory committees for each VDOT
districts were introduced in 1997 (SJR 311, Norment) and 2002 (HB
806, Almand), but only the Hampton Roads District has voluntarily
established such a citizen advisory committee. Meanwhile, the
statewide bicycle advisory committee that VDOT established
voluntarily in 1989 has met very infrequently over the past decade
and has held only two regular meetings since October 2000.

I am happy to report that Delegate Ebbin has prefiled a bill to
require VDOT bicycle and pedestrian advisory committees and that
Secretary Clement has replied to our letter by writing "we would be
favorably disposed to consider such legislation". We consider such
legislation our top bicycle and pedestrian priority for the 2005
session.

I'm presently aware of three other bicycle-related bills that may be
filed for the 2005 session. Delegate Ebbin has prefiled a bill to
prohibit opening a motor vehicle door in a manner that endangers or
impedes oncoming traffic. This provision from the national Uniform
Vehicle Code would help protect bicyclists, especially as Arlington
and other localities create bike lanes within the door zone of parked
motor vehicles.

Delegate Hargrove was prefiled a bill to require tail lights on
bicycles operated after dark on highways posted for more than 30 MPH.
This measure should reduce the incidence of nighttime rear-end
cycling crashes, a crash type with about a 25% fatality rate.

Delegate Suit will reportedly file a bill to provide a Virginia
income tax credit for bicycle commuters. Under federal law, bicycle
commuters do not receive any tax-exempt subsidy for employer-paid
commuting expenses such as for parking fees or for transit or vanpool
fares.

We ask that you support these bills and consider becoming a co-patron.

Thank you for this opportunity to speak, and best wishes for the
legislative session.

"Matt O'Toole" wrote in message
...
We just got this from Allen of the Virginia Bicycling Federation today.
I'm
passing it on to y'all.

The only question I might have on these proposed bills is below:


Matt O.


I'm presently aware of three other bicycle-related bills that may be
filed for the 2005 session. Delegate Ebbin has prefiled a bill to
prohibit opening a motor vehicle door in a manner that endangers or
impedes oncoming traffic. This provision from the national Uniform
Vehicle Code would help protect bicyclists, especially as Arlington
and other localities create bike lanes within the door zone of parked
motor vehicles.

If bike lanes are indeed built in parked car door zones (bad practice, but
all too common), and a law is passed to "prohibit opening a motor vehicle
door in a manner that endangers or impedes oncoming traffic", then cyclists
must be explicitly identified as 'traffic'.

Yes, bicycles are 'vehicles', as outlined in the definitions, but a hostile
court could, as in Illinois, declare that they are 'not intended users', and
as such, not 'traffic'.

The wording is the key.

Pete

On Thu, 06 Jan 2005 04:43:57 GMT, "Pete" wrote:


"Matt O'Toole" wrote in message
...
We just got this from Allen of the Virginia Bicycling Federation today.
I'm
passing it on to y'all.

The only question I might have on these proposed bills is below:


Matt O.


I'm presently aware of three other bicycle-related bills that may be
filed for the 2005 session. Delegate Ebbin has prefiled a bill to
prohibit opening a motor vehicle door in a manner that endangers or
impedes oncoming traffic. This provision from the national Uniform
Vehicle Code would help protect bicyclists, especially as Arlington
and other localities create bike lanes within the door zone of parked
motor vehicles.

If bike lanes are indeed built in parked car door zones (bad practice, but
all too common), and a law is passed to "prohibit opening a motor vehicle
door in a manner that endangers or impedes oncoming traffic", then cyclists
must be explicitly identified as 'traffic'.

Yes, bicycles are 'vehicles', as outlined in the definitions, but a hostile
court could, as in Illinois, declare that they are 'not intended users', and
as such, not 'traffic'.

The wording is the key.

Pete

Yes, and as we know too well, some Va cities have that freaking law that
says if there is a MUP nearby that cyclists can't ride on the streets. I
know it's the case in Newport News, but AFAIK nowhere else.

The problem with the dunderhead, but well-meaning lawmakers, the effect of
this is -not- as intended. What happens is the MUP/MUT or widened sidewalks
cause all sorts of hazards for the riders, and if you have an accident in
the street adjacent, then LEO is just as likely to cite you for not
following that law, even if it's not your fault, as they'd do the right
thing. It just leaves the cyclist again in the class of not belonging
anywhere, no legal protection, and at fault if he runs into a jogger with
headphones on who suddenly dodges to the side.

The best plan is the super wide roads that are available in certain places
in Va Beach allowing more than adequate space for drivers and cyclists, and
eliminating the hazards of the bikepath (drivers not expecting you to enter
from the side, moms with three-wide baby carriages, and two dogs on a
leash, g)

jj

"jj" wrote in message
...
On Thu, 06 Jan 2005 04:43:57 GMT, "Pete" wrote:


"Matt O'Toole" wrote in message
...
We just got this from Allen of the Virginia Bicycling Federation today.
I'm
passing it on to y'all.

The only question I might have on these proposed bills is below:


Matt O.


I'm presently aware of three other bicycle-related bills that may be
filed for the 2005 session. Delegate Ebbin has prefiled a bill to
prohibit opening a motor vehicle door in a manner that endangers or
impedes oncoming traffic. This provision from the national Uniform
Vehicle Code would help protect bicyclists, especially as Arlington
and other localities create bike lanes within the door zone of parked
motor vehicles.

If bike lanes are indeed built in parked car door zones (bad practice, but
all too common), and a law is passed to "prohibit opening a motor vehicle
door in a manner that endangers or impedes oncoming traffic", then
cyclists
must be explicitly identified as 'traffic'.

Yes, bicycles are 'vehicles', as outlined in the definitions, but a
hostile
court could, as in Illinois, declare that they are 'not intended users',
and
as such, not 'traffic'.

The wording is the key.

Pete

Yes, and as we know too well, some Va cities have that freaking law that
says if there is a MUP nearby that cyclists can't ride on the streets. I
know it's the case in Newport News, but AFAIK nowhere else.

Strolling through www.municode.com , I see that Hampton ( Sec. 6-28) and
Fredericksburg ( Sec. 12-197. (d)) have the same type of ordinance.

Chesapeake has a weird (dangerous) provision.
Sec. 50-10. (b) No person shall ride a bicycle other than on the righthand
side of the road paving as close as conditions permit, and bicycle shall be
kept in single file when two or more are operating as a group.

No provision to avoid potholes, doors, whatever. Right edge, or else.

Pete

Pete wrote:

Strolling through www.municode.com , I see that Hampton ( Sec. 6-28)
and Fredericksburg ( Sec. 12-197. (d)) have the same type of
ordinance.

Chesapeake has a weird (dangerous) provision.
Sec. 50-10. (b) No person shall ride a bicycle other than on the
righthand side of the road paving as close as conditions permit, and
bicycle shall be kept in single file when two or more are operating
as a group.

The VA code used to have a single file law, but it's been done away with as of
last year . It's OK to ride side by side now in VA. I suppose Chesapeake could
make their own single file law, but IANAL.

No provision to avoid potholes, doors, whatever. Right edge, or else.

Riding on "the righthand side of the road paving as close as conditions permit"
would take that into account. The VA code says "as far to the right as
practicable," which means the same thing.

If you care about this, don't tell us. Get involved with your local club, and
the VBF (vabike.org). Personally, I'm now doing advocacy for nrvbike.org

Governor Warner gave a great talk on NPR tonight (Studio Virginia, WVTF), about
economic development in VA's south and southwest. He stressed the importance of
Appalachian crafts, art, music, culture, recreation, and tourism in that
development. He talked about riding the New River Trail, the Virginia Creeper
Trail and Abingdon's renaissance, and how there will soon be a major rail-trail
project announcement for Southside (Danville/Martinsville area).

Matt O.