LexRides

[politicalhero]

Below is some information about House Bill 88 that is currently in the State House of Rep in the Judiciary Committee. A few of us met briefly with Barry Zalph who is the ED for Bicycling for Louisville and the champion for the bill.

If anyone is interested in making a trip to Frankfort on any Tuesday, Wednesday, or Thursday to meet with our Leg about this bill; I would be happy to organize it. Lobbying is a lot of fun and a really neat process.

Cheers and Happy reading


Bicyclist and Pedestrian Safety Bill: Kentucky House Bill 88
Bicycling for Louisville, a charitable bicycle advocacy organization in Louisville, has worked with Rep. Jim Wayne (D-Jefferson County) to introduce House Bill 88. The bill would strengthen the rights of bicyclists and pedestrians, and give traffic officers and prosecutors new tools to hold accountable reckless drivers who hit pedestrians or bicyclists. AARP of Kentucky also supports HB 88, and Bicycling for Louisville seeks other citizens' groups to add their support. Bicycling for Louisville calls the campaign to pass HB 88 "One Road" to emphasize that our public roads must safely serve the needs of all road users regardless of their modes of transportation.

As in many (but not all) other states, Kentucky law generally does not allow law enforcement officers to issue citations or make arrests for non-felony traffic violations not witnessed by the officer. Kentucky law makes an exception for DUI. Even when physical evidence and eyewitness testimony shows the driver at fault, officers typically cannot press any charges. Because most crashes occur when no officer is on hand to witness them, criminal charges are rarely filed in connection with the crashes. When a law-abiding bicyclist or pedestrian gets hit by a car, the news accounts say, "No charges will be filed," giving the impression of a tragic accident for which nobody is at fault. The lack of enforceable criminal penalties sends the message that these crash-causing driving violations are of no concern to the Commonwealth, and that it is merely a private (civil) matter for the involved parties to resolve among themselves. This helps to perpetuate the false belief that bicycling is terribly dangerous, and that drivers need not do anything to reduce those dangers.

The bill creates a new offense, vehicular assault of a bicyclist or pedestrian, defined as a vehicle operator hitting a bicyclist or pedestrian while operating a vehicle (and yes, this can be a bicycle as well as a motor vehicle) in a reckless manner. Reckless means a combination of: 1) failing to avoid a substantial and unjustifiable risk; and 2) grossly deviating from the standard of care exercised by a reasonable person under those conditions. To convict someone of this crime, the prosecutor would need to prove recklessness. This provides a large degree of protection for vehicle operators who hit someone through little or no fault of their own. The bill would specifically empower law enforcement officers to issue a citation or make an arrest for this crime on the basis of "probable cause," which means good reason to believe that the person committed the crime, regardless of whether the officer witnessed it. If an officer arrived at the scene of a car-bike or car-pedestrian crash, looked at the evidence, and had strong reason to believe that one party to the crash caused it by driving recklessly, the officer could charge that person with vehicular assault of a bicyclist or pedestrian. This charge may have applied in several recent car-caused bicyclist and pedestrian fatalities in Louisville. No driving-related charges were filed in any of those cases.

The bill also: 1) defines "bicycle" for the first time in KY law; and 2) defines the circumstances under which bicyclists need not ride as far to the right as practicable. This clarifies the rights of bicyclists to move left to prepare for a left turn, to avoid fixed or moving obstacles and surface hazards, and to avoid the right edge of lanes too narrow to allow a motor vehicle to pass a bicycle safely without changing lanes (less than 13 feet wide). The great majority of bicycle-accessible roads in Kentucky have lanes under 13 feet wide, so this would apply widely. HB 88 includes this in order to protect the rights of any bicyclist struck from behind while riding in the middle of a narrow lane.

You can download the full bill by clicking the "HB 88" link at:
http://www.lrc.ky.gov/record/09RS/HB88.htm
For more information about HB 88 and how you can help to pass it, visit:
http://www.bicyclingforlouisville.org and click the link for the One Road bicyclist and pedestrian safety bill.

[elzie5000]

Interesting definition of bicycle:
"every vehicle propelled solely by pedals, operated by one or more persons, having two or more wheels"

So...most people would be covered by the law, but its still open season to run over unicyclists?

Jerks.

I keed. (though a group of one wheel'd protesters holding picket signs in frankfort would be sweet)

It sounds like a good law, extending needed protections to peds and riders. Any idea of its likelyhood of passage?

[politicalhero]

[taylor]

I had high hopes, but you'll never know for sure with Kelly Flood after she voted with Stumbo, Gooch & Co. in leadership elections, ensuring that the Stream Saver Bill will stay in committee forever. ah, politics...