[BHV] Star Gazette article

Thu May 15 13:57:21 EDT 2008

GREAT LETTER BILL!

jeremiah

On Thu, May 15, 2008 at 1:36 PM, Kingsbury's Cyclery <kcyclery at stny.rr.com>
wrote:

>  ditto
>
> pk
>
> ----- Original Message -----
> *From:* James B. Reed <jreed at zifflaw.com>
> *To:* Big Horn Velo Cycling Club, Elmira, NY <bhv at icycle.org>
> *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
>
> Web:  http://www.zifflaw.com
>
>
>
> Visit the New York Injury Law Blog at:  http://www.NYInjuryLawBlog.com<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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-- 
"He is no fool who gives what he cannot keep to gain what he cannot lose"
-Jim Elliot
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