Transcript Cycling for Transportation

Bicycle Traffic Law Reform
and Safety Issues
by Fred Oswald, MS, PE
League Cycling Instructor, Bicycle commuter
www.geocities.com/fredoswald
www.bikelaws.org, www.labreform.org
© Fred Oswald, 2004
Cycling is Community Friendly Transportation
•
No air pollution.
• Quiet.
•
No greenhouse gases.
• Uses little parking space.
•
No imported oil.
• Efficient use of roads.
•
Little hazard to bystanders.
• Promotes health.
But Our Society Mistreats Cyclists
•
•
•
•
•
•
Discriminatory and dangerous laws.
Poor road maintenance, especially at the edge.
Nonfunctioning vehicle detectors.
Harassment of transportation cyclists.
Indifference to road rage & assault.
Little secure parking.
Why?
Fred Oswald, Dec 2002
Early Cycling History
1884 patent for
bicycle wheel bearing
ca 1820, Running
machine
Ca 1870, Ordinary
“penny farthing”
Cycling popularity in USA boomed
during 1880-90’s then crashed with
development of the auto. ‘Dark
ages’ lasted until mid ’60’s.
1890, Safety bicycle
Fred Oswald, Jun 2002
Who teaches “Bike Safety” to our children?
Who taught us?
-- Compare cycling with swimming
Qualifications
Bike Safety
Water Safety
“Authority figure”
Certified instructor
Skill/ Experience
Required
None
Pre-class written &
swim skills test
Instructor Training
None
36 hour class, master
skills, written &
swim exam.
Syllabus
None
Red Cross water
safety prog.
Fred Oswald, Jun 2002
Beware of “GOOD” ADVICE
1. “Stay out of the way of cars.”
2. “Always ride on the sidewalk.”
3. “Ride as far right as possible.”
4. “You could be dead right.”
5. “The roads are too dangerous for bikes.”
6. “Ride as though other drivers can't see you.”
7. “Always signal turns.” (no mention of yielding)
Don’t repeat advice just because it “sounds good”
Fred Oswald, Sep 2003
The great obstacle to progress is not
ignorance, but the illusion of knowledge.
--- Daniel Boorstin
Historian, librarian of Congress
It's not what he doesn't know
that bothers me, it's what he
knows for sure that just ain't so.
--- Will Rogers, 1879-1935
American-Cowboy humorist, philosopher
Fred Oswald, Mar 2004
The Guiding Principle:
Cyclists fare best when they act and
are treated as drivers of vehicles
Operating on the SAME ROADS
by the SAME RULES
with the SAME RIGHTS
Operating by pedestrian methods
or in non-standard places
can be dangerous
Photo above from Chicago’s Bike Lane Design Manual
Fred Oswald
Feb 2003
Urban Bicycle Crashes
DOOR
Single Veh. (fall) -- 45%
w/ANIMAL
Collision with Car -- 18%
Collision
w/BIKE
Collision
w/CAR
FALLS &
other single vehicle
Collision with Bike -- 17%
Collision with Animal -- 8%
Hit Parked Car (door) -- 4%
Hit Pedestrian -- 1%
Most bike crashes do not involve cars!
Source: Kaplan, “Characteristics of the Regular Adult Bicycle User”
Fred Oswald
Apr 2000
Car-Bike Crashes, Who is at Fault?
OVERTAKING
2/3 at night
DOOR
Misc.
WRONG-WAY
NO YIELD
@ driveway
About HALF of
these are caused by
cyclist error!
90% involve turning
& crossing traffic.
L-TURN
FROM R
RUN LIGHT
or SIGN
NO YIELD
@ driveway
RUN
LIGHT,
or SIGN
RIGHT
HOOK
LEFT
CROSS
Motorist fault
Cyclist fault
Source: BikeEd Instructor Manual
Based on Effective Cycling
SWERVE
Fred Oswald
Jun 2002
Effect of Experience on Cycling Accidents
Elementary School
College Adult
LAW Club Cyclists
CTC Club Cyclists
0
100
200
300
400
500
600
700
800
Accidents per Million miles
Experienced cyclists are ~ 80%
safer than the average adult.
Adapted from: John Forester, Bicycle Transportation, 2nd Ed., MIT Press, 1994
Orig. sources: Chlapecka, et al.; Schupack and Driessen; Kaplan; Watkins
Fred Oswald, Nov 2000
Don’t ride Wrong Way or on sidewalk!
Stay in traffic lane to be seen
STOP
Fred Oswald, Jun 2002
Sidewalk and Sidepath Hazards
Riding on sidewalk/sidepath compared to riding on road
increases collision risk by a factor of:
─ 1.8 (California; Wachtel and Lewiston 1994)
─ 2.7 (Eugene, OR, 1979)
─ 4.7 (California, 1974)
─ 3.4 (Sweden; Linderholm 1984)
─ 2.4-8.6 (Finland, Sweden, & Norway; Leden 1988)
─ 3.9 (Denmark; Jensen, Andersen, Nielsen 1997)
─ 1.7 to 5 (Germany; Schnull, Alrutz et al 1993)
Riding against traffic on sidewalk or sidepath is
significantly more dangerous.
Paul Schimek, 2001
D. Gutierrez & B. P. DeSousa, 2003
Bicycle Sidepath / Sidewalk –
Unsafe at (almost) any speed
"...Sidewalks are typically designed for pedestrian speeds and maneuverability
and are not safe for higher speed bicycle use.” Amer Assoc. of State Highway Trans.
Officials, Guidelines for the Development of Bicycle Facilities
Photo by F. Oswald, Jun 1999
Bike Lane Hazards
Bike lanes encourage:
• Pass on right & filter fwd. (right of right-turn traffic)
• “Drive-out” at stop sign
• “Right hook”
• “Left cross”
Illustration above from Oregon Bicycle Manual
Paul Schimek, 2002
D. Gutierrez & B. P. DeSousa, 2003
Principles of Traffic Law
1. First Come, First Served
2. Drive on the Right
3. Obey Traffic Control Devices
4. Observe Speed Positioning
5. Follow Intersection Positioning
Vehicular Cycling teaches:
Cyclists fare best when they act and
are treated as drivers of vehicles
2 wheels or 4, the rules of the road are the same
Source: Effective Cycling & BikeEd Instructor Manuals
Fred Oswald, Jun 2002
Vehicular Cycling “Layers of Safety”
1. Don’t CAUSE collision (follow rules of road)
2. Deter motorist mistakes
3. Drive defensively to escape hazards
4. Use safety equipment to prevent injury
Fred Oswald,
Jul 2004
Proper Lane Positioning
An essential skill for cyclists
Narrow Lane Road or Downhill – Use Full Lane
Cyclists have legal right and safety obligation to use the
full lane if too narrow to share with motor vehicles
Photo by Wayne Pein
Photo by R. Woodward
Fred Oswald, Aug 2003
State of Ohio on Bicycle Lane Position
Ohio Revised Code § 4511.55(A) says:
…ride as near to the right side of the roadway as practicable …
Note practice-able. It DOES NOT SAY as near as possible!
Ohio Dept. of Public Safety says:
Cyclists can travel in the middle of the lane if they are
proceeding at the same speed as the rest of the traffic, or if the
lane is too narrow to share safely with a motor vehicle.
(Digest of Ohio Motor Vehicle Laws, 6/99, p. 63)
On a road with two or more narrow lanes in your direction -like many city streets -- you should ride in the middle of the
right lane at all times.
(Ohio Bicycling Street Smarts, p. 16)
Fred Oswald, Jun 2002
Teach your kids: ‘Drive your Bike!’
A bike is not a toy. It is a child’s first vehicle.
Fred Oswald,
Sep 2002
Why traffic law matters
Traffic laws help shape --• How cyclists are taught to ride.
• How the police treat cyclists.
• What the motoring public expects from cyclists.
• What happens in court if a cyclist has a collision.
Uniform traffic laws promote safe, fair &
efficient travel for all.
Cyclists deserve equal protection under the law
Paul Schimek &
Fred Oswald, Mar 2003
Survey of Bicycle Traffic Laws
in 62 NE Ohio Communities
32 have
poor laws
35
30
22 have
bad laws
25
No. of Communities
(patterns show where bad
ordinances were improved)
20
15
7 have
dangerous laws
10
5
1 has
excellent laws
0
Excellent
Good
Poor
Bad
Dangerous
Fred Oswald, Jul 2002
Revised Feb 2005
Bay
Village
Cycling Laws in Communities Near NASA
Lakewood
Rocky
River
Westlake
Westpark
Fairview
Park
Communities
with laws
that lead to
unsafe cycling
North
Olmsted
Brook
Park
2 Miles
4 Miles
Olmsted
Falls
Cleve.
Berea
SheldonMiddle-
6 Miles
Strongsville
burg
Hts
Parma
Communities
with laws
that discourage
safe cycling
Communities with
generally safe
cycling laws
8 Miles
10 Miles
Mark Kilkenny, Mar 2001
Revised Jul 2003
Dangerous bicycle laws
Actual local ordinances
“Any person operating a bicycle shall ride upon the
sidewalk rather than the roadway when sidewalks are
available and not congested with pedestrian traffic.”
“Wherever a designated path for bicycles has been
provided adjacent to a street, bicycle riders shall use
such path and shall not use the street.”
“A person operating a bicycle shall yield the right of
way to vehicular traffic on a roadway.”
These ordinances require expert cyclists to imitate beginners. It is wiser and
safer to have novices learn from the experts.
Only informed governments can make good laws.
Fred Oswald
Jun 2001
Information to Help Cyclists
Beware of Misplaced Advocacy
“Bicycle Advocates” may have other agendas:
• Anti-car
• Livable communities
• Fitness
Are cyclists sacrificial pawns?
Door zone bikelane fatality
Robert Winters photo
Chicago squeezes 2
bikelanes, 2 “car
lanes” and 2 parking
lanes on 44’ street
Bikelane crossing entrance ramp
Blue paint does not make it safe!
Photo from Chicago
Bikelane Design Guide
Photo from City of Portland
Fred Oswald
May 2004
Summary
• Much of what we learned as kids is wrong.
• Most cycling accidents do not involve cars.
• Most collisions involve turning or crossing traffic.
• Experienced cyclists are ~80% safer than average.
• Proper lane position helps avoid trouble.
• Every traffic lane is a bike lane!
• A bike is not a toy. It is a child’s first vehicle.
• Standard traffic laws good; bike-specific laws bad.
Cyclists fare best when they act and
are treated as drivers of vehicles
Fred Oswald,
Sep 2002
Improving State Laws
• Work with state advocacy organization
• Study laws (including non-cycling provisions)
• Talk to legislators, get allies from both parties
• Prepare proposals, including rationale
• Let majority party lead
• Offer demo ride
Fred Oswald
Aug 2004
Ohio Bicycle Federation Reforms
• Two priority reforms
• Local regulation (non-uniform laws)
• “Far right rule”
• Eight secondary reforms
• Presented as package
• Booklet of reforms
Acknowledge improvements
Photo shows “Good Cycling Laws” award
presented to Brook Park, Ohio
by Ohio Bicycle Federation
National Law Reform Effort
• “Model Laws”, based on UVC
• Identify defects
• Rating criteria
• State-by-state ratings
• See www. geocities.com/fredoswald/law-reform.html
Categories of Bicycle Traffic Law Defects
•
•
Mandated dangerous practices
Non-uniform rules
•
•
Deny equal rights or equal protection under the law
Unnecessary regulation (gov't interference)
Fred Oswald, Aug 2004
Examples of Serious Bicycle Traffic Law Defects
(points deducted for defects – below 50 is failing)
-60
-50
-40
-30
-25
-25
-15
-15
-10
-10
Mandate riding wrong way
Mandate riding on sidewalk
No bikes on main streets
Mandate riding on sidepath, shoulder or bike lane
Local regulation (non-uniform laws)
Not due "ordinary care" (Illinois case law)
Shall ride as close as practicable …
Helmet law (especially w/o negligence exclusion)
Prohibit normal vehicular left turn
Shall ride single file
Fred Oswald, Aug 2004
Uniform Vehicle Code
• Forms “model” for most states (except MA)
• Rating B• NO non-uniform local ordinances (as of 2000 rev.)
• Good brake requirement (15 ft from 10 mph)
• “Far right rule” (with exceptions)
• Helmet law with no liability waiver (passed 2002)
• Drafting could be illegal
We have 2 cycling members on UVC Committee*:
• Chuck Smith of Ohio Bicycle Federation
• Paul Schimek for LAB
* Nat’l Committee on Uniform Traffic Laws & Ordinances
Fred Oswald, Aug 2004
Highlights of Some State Laws
Pennsylvania
• Rating C
• NO “far right rule”
• Bicycle Drivers’ Manual
• Helmet law but good liability waiver
• Local (non-uniform) ordinances authorized
Ohio
• Rating D• Local (non-uniform) ordinances authorized
• Original “far right rule” (no exceptions)
• Bicycle Drivers’ Manual
Indiana
• Incomplete info., no rating
• Local (non-uniform) ordinances authorized
• No “far right rule” (I think)
Fred Oswald, Aug 2004
Highlights of Some State Laws
Michigan
• Rating F• Local (non-uniform) ordinances authorized
• Mandatory sidepath law
• Original “far right rule” (no exceptions)
Illinois
• Incomplete info., no rating
• Cyclists not “intended users”, not due “ordinary care”
• Original “far right rule” (no exceptions)
Missouri
• Incomplete info., no rating
• “Far right rule” (as near ‘as safe’)
Fred Oswald, Aug 2004
Highlights of Some State Laws
Texas
• Incomplete info. No rating
• Local (non-uniform) ordinances authorized
• “Far right rule” (with exceptions)
Idaho
• Incomplete info. No rating
• Local (non-uniform) ordinances authorized
• “Far right rule” (with exceptions)
Oregon
• Incomplete info., no rating
• Mandatory sidepath / bikelane law
• “Far right rule” (with exceptions)
Fred Oswald, Aug 2004
Enforcement and Public Officials Behavior
• Police must accept cyclists as drivers
• Police must understand proper lane position
• Teach ‘best practices’
• Police must set a good example
• Bicycle police should have good training
• Teach ALL members of dept., not just bike police
• Court officials also must be trained
A well-trained
police officer is the
cyclist’s friend. A
misinformed officer
can spoil your day.
Fred Oswald, Aug 2004
Sources for Training Police & Public Officials
• Bicycle Police Training by IPMBA
• National Police Bicycle Awareness Curriculum
• Effective Cycling Video
• Make up your own program
• Get a state Bicycle Driver’s Manual (PA, OH, FL, ID)
Fred Oswald, Aug 2004
LAB support for equitable bicycle traffic laws
• LAB calls cities that ban bikes from
main streets “Bicycle Friendly”
• We asked for support at board meeting
result — “further study” (i.e. delay)
• Paul Schimek announced as LAB
representative for Uniform Vehicle Code
Ft. Collins
a BFC city
“NO
BICYCLES”
Fred Oswald
Aug 2004
We need LAB to support
best practices, law reform,
cycling education & rights to road
Please join LAB Reform
www.labreform.org
Fred Oswald, Aug 2004