You ask what Bike Texas (Texas Bicycle Coalition) should do now.
I say that they should continue to do what they should be doing anyway.
Our great state needs education for both cyclists and motorists. This would help either to deal with the other, and make our interactions much smoother. I think that Bike Texas main job should be education. It will be another 2 years before they get a shot at the legistlature to attempt to get a 3 foot law passed. Can you honestly say that a 3 foot law would be a bad thing for the state?
Bike lanes are not the answer, at least they are not the complete answer. There are situations where bike lanes are the best option. Off the top of my head I cannot think of any of those situations, but I am sure that they exist.
MUPS or off the road bike trails are not the complete answer. The exorbinant cost to build and maintain a totally seperate infrastructure for cyclists is mind blowing. Of course, it would never go to where I need to go…but that is another story.
I still cannot see why this law is necessary. Why shouldn’t our “advocates” at Texas Bicycle Coalition (TBC) be demanding the vigorous enforcement of present laws, which would have an immediate positive impact on cyclist’s safety, rather than lard up the transportation code with a bunch of redundancies?
“Sec. 545.053. PASSING TO THE LEFT; RETURN; BEING PASSED.
(a) An operator passing another vehicle:
(1) shall pass to the left of the other vehicle at a safe distance; and
(2) may not move back to the right side of the roadway until safely clear of the passed vehicle.”
Gee, why is that not being enforced, and how would a three foot rule be any more enforceable?
“Sec. 545.401. RECKLESS DRIVING; OFFENSE.
(a) A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.” (f)(g)
Why are there no prosecutions under this statute? When will the “bicycle advocates” that are so concerned with our well being press our DAs to enforce and prosecute this law? That would help us now, not next September!
“Sec. 545.103. SAFELY TURNING
An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely.” (e)
How many right hook violations have been prosecuted under this statute? Why is the redundant wording needed in SB 488? Right hooks are already a crime!
“Sec. 545.418. OPENING VEHICLE DOORS.
A person may not:
(1) open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic.”
Bicycles are vehicles, and thus traffic, so “dooring” is already a crime in Texas. The words “vulnerable user” was substituted for the second instance of the word “traffic”. This redundant language was dropped from the final version of the bill, but I wonder why it was proposed in the first place!
“Sec. 545.060. DRIVING ON ROADWAY LANED FOR TRAFFIC.
(a) An operator on a roadway divided into two or more clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely within a single lane.” (b.1)
Why can’t this statute be applied to motorists who buzz cyclists by straddling the lane?
“Sec. 545.152. VEHICLE TURNING LEFT.
To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.” (d)
The passage of SB 488 would not have altered this statute in any meaningful way, except to have it apply to pedestrians, and it would not have increased the likelihood of prosecutions.
If a bike lane is present, SB 488 would have allowed overtaking traffic to pass any “vulnerable road user” that was in it without deviating from their line of travel. (b.1) Trucks and buses could legally pass a bicyclist as close as the lane stripe. Ouch! That would make newbie bicyclists confident and enthused about their new cycling experience, wouldn’t it?
Furthermore, SB 488 would have eroded the the legitimacy of the cyclist as an operator of a vehicle by codifying our classification with pedestrians. (a.1) I cannot see how this would be good for the preservation of our liberties.
I expect better advocacy from TBC. When they say that SB 488 would make Texas safer for cycling, it makes me think they are lying to me. New laws won’t change anything- they are not enforcing present laws, why would we think new ones would be treated any different?
This legislation was more smoke than substance, and TBC is using it as a tool for recruitment of new members and more donations. Has TBC lost their way? Their claim that they are a “non-profit, member-supported organization whose mission is to promote bicycling access, safety, and education” is ringing hollow to me.
The only education that has resulted from this is to give the false notion that it is not against the law to buzz a cyclist!
I want our TBC to demand that current traffic laws be enforced vigorously. I want them to remind our police, our DAs, our judges and the public that violating the above laws is a crime! I want a real effort made to make current laws work before we go messing about with new ones. -Ones that have inevitable unintended consequences like how SB 488 would interact with bike lanes. I want TBC to address the needs, and defend the liberties, of all cyclists everywhere in Texas, not just the agenda of the Austin cycling scene.
Perhaps we need better advocates.
I honestly cannot argue with what you have listed here. In fact, I have transposed the list into a post.
What SB488 would have provided (its main benefit, in my eyes) is the specific level of penalty for violations. As it stands now, there is no criminal penalty, and the usual response to any of these violations (and many more) is for the LEO to simply write a traffic citation. If the laws are given teeth, it might help.
Yes, there is an issue with enforcement. The statutes we currently have are not enforced consistently. It would be up to the LEOs and the courts to enforce, and there is absolutely nothing we can do about that, except put pressure on the courts.
I honestly do not see how it would have eroded our position as legal road users. Both you and PM Summer state that, but can you give me a specific instance or an example of where it would do so? If I am worng in this, I will freely admit it, but I am going to take some convincing.
As far a TBC goes, if you feel they should do something differently, contact them. Robin Stallings (mailto:robin@biketexas.org) is the Executive Director, Mark Stine (mailto:mark@biketexas.org) is Community Trails Program Coordinator, and Emma Cravey (mailto:emma@biketexas.org) is Development Coordinator.
Alternately:
Mailing Address:
P.O. Box 1121
Austin, Texas 78767-1121
512-476-RIDE (7433)
Get involved on a statewide level. I ride on a daily basis, on streets, just like you do. I do not want to end up as road pizza either. Yes, we have some statutes that should protect us, and I am curently not afraid to ride on the street, but if anything can be done to enhance our safety out there, they why not do it?
Kylie Batt // May 4, 2010 at 5:36 pm
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??????????? Our great state needs education for both cyclists and motorists. This would help either to deal with the other, and make our interactions much smoother…..
Kylie Batt // May 13, 2010 at 4:02 am
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????????, ???????? ??????? Our great state needs education for both cyclists and motorists. This would help either to deal with the other, and make our interactions much smoother…..