Archive for the ‘Law’ Category

Complete Streets Bills Re-Introduced

Monday, March 16th, 2009
Photo courtesy of Dan Burden

Photo courtesy of Dan Burden

While meeting with members of Congress at the National Bike Summit, Complete Streets legislation was re-introduced. The same bill was introduced in the Senate in 2008 but died in committee.

The basic premise is road agencies should adopt a policy that ensures all transportation modes are reasonably accomodated, includinng biking and walking.

According to bill sponsor Senator Tom Harkin:

When Americans choose to leave their car at home and walk or ride a bike to school or work, they are making a healthy decision. We need to ensure streets, intersections and trails are designed to make them easier to use and maximize their safety.

This legislation will encourage Americans to be more active, while also providing more travel options and cutting down on traffic congestion.

Everyone is encouraged to use this quick online form letter to ask your Senator and Representative to support this legislation.

We typically got receptive but uncommitted support while in Washington DC, perhaps in large part because the bills were only recently introduced.

More details from the Complete Streets web site: (more…)

Mandatory Bicycle Helmets Laws

Saturday, December 6th, 2008
Photo by Dan Burden / www.pedbikeimages.org

Photo by Dan Burden / www.pedbikeimages.org

Laws that require bicyclists to use helmets are certainly the result of good intentions — making cycling safer. Unfortunately these laws result in reduced health and safety by discouraging cycling.

First, let’s look at Australia, where a mandatory bicycle helmet law went into effect in 1992.  The results are “ambiguous” according to a report from the Bicycle Federation of Australia

Any countries or jurisdictions considering the introduction of compulsory helmet wearing laws should look very closely at the available data to see if it still supports such a move in light of the ambiguous Australian experience. It is essential that reliable evaluation methodologies be recognised, and the common shortcomings of both databases and interpretation which bedevilled the early Australian evaluations be avoided.

Resources devoted, on the European model, to improving facilities for cyclists and to reducing urban speed limits are likely to be far more cost-effective than the introduction of helmet legislation. These measures must be considered as a valid alternative to helmet legislation or as a vital and integral part of such legislation.

It is crucial that a good and extensive data base of regional or national hospital admissions, and if possible hospital casualty department treatments be assembled for the decade or so preceding the legislation. This is needed to allow a reliable comparison with data collected after the introduction of any legislation.

Note that the second paragraph reiterates a point we’ve made before.  We’d make bicycling much safer in Michigan if we devoted more time promoting safe bicycle facilties (e.g. bike lanes) rather than helmets.

This conclusion is also supported by an article published in the Journal of the Royal Society of Medicine:

In both Western Australia and New Zealand, helmet use increased from negligible levels to more than 80% in around eight years, yet follow-up studies did not show long-term benefits for the cyclist populations relative to control groups. Study of injury trends in each state of Australia for the period when helmet laws were passed shows stable characteristics, revealing no evidence of extra prevention due to legislation coming into force.

And this same article notes that mandatory helmet laws significantly discourage cycling at a time when we need more people getting exercise.

The one clear population-level effect of helmet laws that has been widely reported is the deterrence of cycling. In every case where data are available, cycle use has fallen by 25-50% when a helmet law was enforced. This has a direct consequence on the risk of death in cycling. Study of international evidence points to a reliable relationship between the amount of cycling and the risk in cycling12-a power-law relationship with an index value of around 0.4. A fall in cycle use of 50% would increase risk per cyclist by more than 50%, whereas an increase in cycling of 100% would reduce the risk by almost 40%. Public health would benefit substantially. A report by the Commons Select Committee on Health specifically cited a resurgence in cycling as ‘probably the most effective response’ that could be made to address the obesity ‘time bomb’. It is most likely that road deaths would fall overall; even in Britain one hour of cycle use is not more likely to result in a road death than one hour of driving, because the third-party risk from cycling is so low.

The last point about third-parties is an interesting one.  Motor vehicle crashes with pedestrians and cyclists too often result in death.  Cycling crashes do not.  The more we can promote bicycle use in place of motor vehicle use, the more we can improve overall safety.

This is especially true in our downtowns where there is a greater concentration of pedestrians.

And one way of encouraging a shift from car use to bike use is through bike rentals.  Paris is the world leader in bike rentals.  They have over 20,000 rental bikes throughout their city.  The bike rentals are free for the first half-hour.  One only needs a credit card to place a deposit on the bicycle — and it’s fully automated.  There is a bike rental station about every 1,000 feet so they’re never too far away.

In it’s first year, there were 27.5 million trips made on these Paris bikes, or about 120,000 per day.

What did it cost Paris?  Zero.  An advertiser paid for the system and subsidizes its use in exchange for advertising space.

Bikes Belong has an very cool video demonstration of this Paris system.

It’s been so successful that other cities such as Washington D.C. and Chicago are pursuing similar systems.

So what does this have to do with mandatory helmet laws?  There is no reliable and safe way to rent helmets with these bike rental systems.

From Austrailia to Israel, mandatory bicycle helmet laws are a significant obstacle to these bicycle rentals.

Overall, the safety results are quite conclusive.  Mandatory bike helmet laws are no substitute for designing our roads for safe bicycling and making it easy for people to choose bicycling.

Royal Oak Hit-and-Run Vehicle Found

Thursday, November 13th, 2008

The Royal Oak Police have found the Jeep Liberty involved in the hit-and-run accident on Woodward which killed Jacqueline Marie Robinson as she biked to work.

According to the Royal Oak Review:

The SUV belonged to a Royal Oak resident and had been already repaired before the department took it in as evidence, O’Donohue said. “(We found the vehicle) through a variety of sources and some really good detective work,” O’Donohue said. “The investigation is continuing. That is all we are really releasing right now.”

Anyone with additional information is asked to contact the Royal Oak police at (248) 246-3515.

Also, donations can be made in the name of Robinson’s mother, Judith Parent, who is caring for the boys. The address is Bank of America, 28746 Woodward, Royal Oak 48067.

Bailout gets Bicycle Commuter Bonus

Friday, October 3rd, 2008
Congressman Earl Blumenauer

Congressman Earl Blumenauer

The bailout bill passed the Senate and is awaiting a vote in the House today.  This bill has gotten many additional unrelated items added to it, presumably to gain the vote of certain legislators.

Congressman Earl Blumenauer is our biggest bicycling advocate.  He voted against the first bailout bill.  And although he did not request it, this new bailout bill includes his bicycle commuter legislation.

What does this bike commuter legislation do?  Currently, employers get a tax break when they provide company cars or pay for their employee’s use of public transit in order to get to work.  This legislation would add bicycles as a tax break.  This would give employers a financial incentive to provide a bicycle and cover the expenses associated with riding it to work.

According to the Congressman’s web site, this legislation “provides a strong incentive for employees to bike to work, which is a cleaner, healthier, more efficient mode of transportation.”

Even though Blumenauer’s bike bill is in the bailout, he’s indicating he will vote against the overall package.

New HOV Legislation is Bicycle Friendly

Thursday, September 11th, 2008
HOV lane signage on Michigan Avenue

HOV lane signage on Michigan Avenue

We recently brought up the issue with the High-Occupancy Vehicle (HOV) lanes on Michigan Avenue.  These HOV lanes were on the right side of the road where cyclists would normally ride.  Did this mean cyclist had to ride in the center lanes?

Fortunately, HOV lanes and their use were not defined in state law.  MDOT worked quickly to change that.  We spoke with MDOT about including an exception for bicycles when the HOV lane is also the right lane, as it is on Michigan Avenue in Detroit.

That legislation (Senate Bill 1462) was introduced on Tuesday and it does include our requested exception:

The restrictions imposed on HOV lanes do not apply to … Bicycles, if the HOV lane is the right-hand lane of a highway open to bicycles.

We certainly encourage anyone to contact their Senator to express their support for this legislation.

UPDATE 9/19/08: A related House and Senate bill has been modified which limits MDOT to having HOV lanes only on Michigan Avenue and only in Detroit.

UPDATE 12/9/08: The Governor signed this bill into law