[BHV] Star Gazette article

Thu May 15 13:36:53 EDT 2008

ditto

pk
  ----- Original Message ----- 
  From: James B. Reed 
  To: Big Horn Velo Cycling Club, Elmira, NY 
  Sent: Thursday, May 15, 2008 1:26 PM
  Subject: Re: [BHV] Star Gazette article

  Bill:

  EXCELLENT letter!  I will give Jim a call and encourage him to follow your great lead.  Many thanks for taking the time to advocate on behalf of the local cycling community.

  Thanks, Jim 

  _________________________________________

  James B. Reed, Esq.

  Personal Injury & Malpractice Attorney

  Ziff, Weiermiller, Hayden & Mustico, LLP

  303 William St., Elmira, NY 14902

  Tel: (607) 733-8866 

  Fax: (607) 732-6062

  Toll Free: 1-800-943-3529

  Email: jreed at zifflaw.com

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  Visit the New York Injury Law Blog at:  http://www.NYInjuryLawBlog.com

  From: bhv-bounces at icycle.org [mailto:bhv-bounces at icycle.org] On Behalf Of William Lodico
  Sent: Thursday, May 15, 2008 10:41 AM
  To: Big Horn Velo Cycling Club, Elmira, NY
  Subject: Re: [BHV] Star Gazette article

  Here's a copy of a note I just sent to Jim Pfiffer.  Hopefully it will help.  Jim is a cyclist and I think his heart's in the right place, and I was probably a little too hard on him in my early e-mail to the listserve.  You might follow up with notes to him asking him to focus on "how to drive around bikes" instead of the usual "how to bike around cars and trucks."

  Begin forwarded message:

  From: William Lodico <wlodico at stny.rr.com>

  Date: May 15, 2008 10:33:31 AM EDT

  To: jpfiffer at stargazette.com

  Subject: bikes to the right??

  Hi Jim,

  Kent Goben mentions that you may be putting together another article/column on cycling.

  I sending this letter to ask you to be careful in any piece you write to avoid giving the impression that cyclists are required to stay far to the right in traffic or on roadways.  The last thing the cycling public needs is a motoring public operating under the misconception that cyclists aren't entitled to use the whole road, or that cyclists are restricted to the narrow band "as far to the right as possible."  I've seen more than one instance where motorists have used their truck or car to enforce this spurious rule.  I expect you don't want to be part of that.

  I expect you also don't want to be a part of encouraging cyclists to ride in a way that may may make them less visible to motorists, or that may make them more likely to be accident victims as motorists attempt to squeeze into a narrow space between a cyclist and oncoming traffic.

  While, as a general rule, it makes sense for cyclists to stay to the right half of a traffic lane, so as to allow the most room for motorists to pass, there are numerous times when cyclists can and should move to the left, including the situation where the cyclist is blocking motor traffic from passing in dangerous situations.

  This is from the NYSDOT "tips for motorists"

  --Don't assume cyclists should position themselves on the road as far to the right as possible. Smart cyclists plot a line straight down the roadway 3-4 feet from the curb or parked cars. This allows them space to avoid road hazards and to be more visible to motorists and pedestrians.

  --Be aware that when a road is too narrow for cars and bikes to ride safely side by side, bicyclists should ride in or near the center of the lane to discourage motorists from trying to pass.

  --Some roads have bike lanes. Cyclists are required to use these lanes, but may enter into your lane in order to execute a left turn.

  NY Vehicle and Traffic Law Section 1234(a) contains the provision stating where a cyclist should ride in the roadway:  "near the right-hand curb or edge of the roadway or upon a usable right- hand shoulder in such a manner as to prevent undue interference with the flow of traffic. . "

  The statute then goes on to include broadly stated exceptions even to this carefully crafted and qualified rule.  Section 1234(a) continues:  ". . . except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane."

  So, for instance, by the statute, in the two way sections on Church or Water west of Lake Street, where parking is allowed, a cyclist can, and probably should, ride smack in the middle of the traffic lane.  Opening car doors present the hazard that pushes him to the left, and there's clearly not enough room for the usual SUV (or even the typical Buick or Chevy) and bicycle " to travel safelyl side by side within the lane."

  The rules of the road set out by the statute and by NYSDOT's "Tips for Motorists"  is obviously very different from any flat, simple rule about bikes staying to the right, and I'm suggesting it's best if we avoid giving flat simple rules about where cyclists belong on the road, except to state that they do, in fact, belong on the road.

  Thanks for your consideration,

  Bill

  On May 15, 2008, at 10:04 AM, Jeremiah Ayers wrote:

  On Thu, May 15, 2008 at 9:57 AM, Kingsbury's Cyclery <kcyclery at stny.rr.com> wrote:

   On WETM ( i think) the other day they reminded cyclists to ride correctly. There's RARELY a "share the road" story that informs motorists of a cyclist's rights. I feel that continual articles telling the cyclists what to do just gives feeble minded motorists more self-righteous ammo. Most drivers are fine but it wouldn't hurt to make the numbskulls a bit more aware. Last spring, after the kid was killed at night by a car, the SG ran a big story telling riders how to be safe and told them how they're supposed to ride.  I asked for a follow up article from the SG that explained the same to motorists but I got a " too late, it's old news, been done" vibe from them, there was no follow up. Perhaps we need to head them off and get the share the road aspect in the first round of Bike Month articles

  pk

  Yeah, I saw that on the news...... I raised my voice at the TV (thats not the same as yelling :-) when I heard how they were pointing at cyclists... It was someone from Elmira PD who said it, I think.  She said that cyclists ride on the wrong side of the road and that puts them at risk because they are "in a place where motorists don't expect to see them".  Implying that when a cyclist gets hit, it's their own fault.  While I agree that some do ride on the wrong side of the road, seems to me the recent accidents have been the drivers faults and yet NOTHING has been noted of that.  Time to come back to real life.  I agree, the need to start getting on drivers cases a bit more about their responsibilities to cyclists.  SHARE THE ROAD!!!  (I'm not yelling, just speaking louder)

  Jeremiah

  -- 
  "He is no fool who gives what he cannot keep to gain what he cannot lose"
  -Jim Elliot 

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