Life is better on a bike!

Category: advocacy (Page 7 of 10)

Oklahoma HB 1316

 

The following letter was sent by the FTLOB’s household to OK State Rep. Sullivan concerning his decision to not allow HB 1316 to come to a hearing on the House floor.  For all of you locals, please write Sullivan and urge him to allow democracy to proceed.  Sullivan’s email is:  [email protected]


Representative Daniel Sullivan

2300 N. Lincoln Blvd.
Room 442
Oklahoma City, OK 73105

March 14, 2011

Dear Representative Sullivan:

It is our understanding that you are not allowing HB 1316 to have a hearing on the House floor, although it passed the House Public Safety Committee by a vote of 9 to 7.

We understand that you believe that the texting while driving issue is covered by the state’s current distracted driving laws. Generally a person is cited for distracted driving after an accident has occurred and one of the purposes of this bill is to prevent accidents, not wait until they have happened. In fact, Oklahoma’s existing laws require a violation or other demonstration of distraction before law enforcement can act.  Existing state laws against reckless driving and distracted driving do not clearly capture all activities that constitute driving recklessly or being distracted.  We believe that the risks involved in text messaging while driving are such that it warrants being singled out legislatively to allow officers to enforce it before a crash or traffic violation occurs. 

With reports of texting while driving on the rise, it is clear that education and enforcing Oklahoma’s reckless driving laws aren’t working. Nationwide, text messaging is soaring. In December, phone users in the United States sent 110 billion messages, a tenfold increase in just three years, according to the cellular phone industry’s trade group, CTIA.

We understand that enforcement of a texting law will present special challenges, but the tell-tale bobbing of the head as the driver texts and drives is a dead giveaway. While some texting may not be easily spotted, the texting law would be enforced just as DUI laws are now, at the time the driver is stopped for another offense or in the event of a crash. A drunk driver goes un-noticed on Oklahoma roads until he is observed drinking behind the wheel or is stopped for another offense or is involved in a crash. Yet we have a DUI law. Enforcement of a texting while driving law would be done the same way, much the same as seat belt laws are enforced. Even without significant enforcement, passing a law can have great safety benefits through compliance based on the fear of being ticketed, the social stigma attached to a behavior that has been made illegal. Many look to the law as the standard for traffic safety. 

While some may think that forbidding texting while driving is an infringement of our personal rights, our driver’s licenses can currently now be taken away for a variety of reasons. The law requires us to not speed, to not drink and drive, etc. These laws could all be considered infringements of our personal rights, but they were passed for the greater good.

This is a public safety issue that we are dealing with here and we think it is reasonable to ask that the bill get a fair hearing and vote on the floor of the House. At such time that the House votes on this bill then the will of the people will be done. To not allow a vote on the floor is to infringe on the rights of all Oklahoma citizens and their duly elected representative to vote on a bill that has move through the committee process as this bill has.

We hope that in the interest of public safety and fairness that you will allow this bill to move to the House floor for debate and vote.

Sincerely,

Oklahoma Legislative Bike Advocacy

As promised, Oklahoma State Senator Andrew Rice (D), has introduced three bills in an attempt to make bicycling safer in Oklahoma.  The bills are a result of local advocacy efforts along with the outcry from the cycling community last year after three cyclists were killed on Oklahoma roadways.

Senate Bill 443 – Would require the Department of Public Safety to include bicycle safety on the driver examination in Oklahoma.

Senate Bill 487 – Creating the Oklahoma Bicycle Safety Awareness Act, would establish the Oklahoma Bicycle Safety Awareness Revolving Fund, to be used by the Department of Public Safety “to provide awareness to the road traveling public of the presence of bicyclists by any media promotions, publications or signage.”  The funds would come from voluntary donations made at the time a driver license or state I.D. card is obtained or renewed.

Senate Bill 951 – Would amend existing state statute which requires that motorists maintain a minimum 3 foot distance when passing bicyclists by adding the language; “of the right side of the motor vehicle, including all mirrors or other projections, and the left side of the bicyclist” and stipulates the same for traveling on a one-way street.   The bill would establish a fine of not less than $500 when the minimum of 3 foot distance when passing bicyclist is not maintained, and was observed by a police officer.

Additionally, the penalty for hitting and injuring a bicyclist would be raised from $500 to $1000, and if a bicyclist is killed the fine would be raised to an amount of not less than $5000 (the law presently states not more than $1,000), in addition to any other penalties prescribed by law.

Further, Section 11-1111, which relates to throwing or dropping objects, would be amended to add bicycle to the application of law.

Another bill, HB 2049, was introduced by Oklahoma State Representative, Lewis Moore, designating Route 66, between the Sapulpa city limits and the Edmond city limits, as a “Historic Bike Trail”.   The bill stipulates “suitable permanent markers to be placed upon the highway bearing that name. Contingent upon the availability of funds, the Department shall provide a shoulder lane designated for use by bicycle traffic on the Historic Bike Trail.”

I encourage you to contact your local representatives in the Oklahoma House and Senate and ask for their support of this legislation.

Vulnerable User Law for OK

I did not attend last night’s public meeting on bicycling with Oklahoma State Senator Andrew Rice, but I did submit the following comments to him through email yesterday afternoon as well as a copy of Delaware’s Vulnerable User Law.

Dear Senator Rice,

I plan to attend the public meeting tonight hosted by Oklahoma Bicycle Society where you will be speaking. 

I am an avid cyclist and advocate for cycling.  I know you are interested in pursuing legislation to improve the safety of cyclists in Oklahoma.  Colorado’s bicycle safety law has been mentioned as a possible model; I believe there is a better law to serve as a model for the type of legislation needed in Oklahoma.

That law is Delaware SB 269, Vulnerable User Law, which was signed into law in August 2010.  This law amended the Delaware code relating to careless or inattentive driving.

In addition to bicyclists, Delaware’s law protects pedestrians, highway workers, utility workers, emergency services workers, as well as persons operating mopeds, tractors, etc.  I would recommend in addition to the vulnerable users of public right-of-ways named in the law that persons with disabilities also be included (wheelchairs).

Safety on public roads and highways is a concern of many, not just cyclists.  All users that are vulnerable should be protected.

I have attached a copy of Delaware SB 269 for your information.

I look forward to hearing you speak and greatly appreciate your efforts to protect cyclists.

Sincerely,

Susan Lash

[email protected]

www.loveofbikes.com

Educating Motorists

Let’s be honest. It would be nice if as cyclists, we could just ride our bikes in peace and not have to concern ourselves with whether or not any given motorist is aware of our needs and rights on the road.

It would be nice, but it would be naive, and even risky to assume.  It behooves all of us who ride bikes on roadways to care about what every motorist’s level of understanding of our right to also be there is .

An article from bicyclinginfo.org, reminded me that most of the time, when drivers act in a manner that is questionable, it is out of ignorance rather than malice – an important distinction to make.

"Whether they deserve it or not, motorists tend to get a bad rap among cyclists. But poor behavior on the part of motorists is often simply a response to misbehavior by cyclists or an ignorance of cyclists’ needs. When educating motorists about cycling, one should approach them with respect. Respecting motorists is the first step in awakening them to the need to safely share the road with cyclists and pedestrians."

“The more motorists know about cycling safety, the safer streets will be for everyone on them.”

Read the entire article here.

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