Still time to urge Gov Brown on 3-ft passing bill

[Jeff Gross]

Headline: Miners Refuse to Work after Death


3ft passing bill - almost there for third year - write Gov Brown!

AB 1371,  passed the California State Assembly. A letter of Support to Governor Brown is your next step. To contact the governor with your support, go to this site http://gov.ca.gov/m_contact.php  All you have to do is specify the bill and check your support. Comments are optional. Please be proactive and voice your support to the governor. Last time it was proposed, Gov Brown vetoed it because it had language that would have allowed cars to cross a double yellow line to pass a cyclist. That wording is not here this time, but baby steps works for me.

21760.  (a) This section shall be known and may be cited as the Three Feet for Safety Act.
(b) The driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
(c) A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.
(d) If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway.
(e) (1) A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).
(2) If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle, and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed on that driver.

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Intermittent Closure of San Luis Rey Bike Trail / Maintenance Road.
US ARMY CORPS OF ENGINEERS

The United States Army Corps of Engineers (USACE) will implement a number of “hard
closures” of the SLR Bike Trail/Maintenance Road in order to perform habitat restoration activities in the flood risk management channel. The closures will occur from Benet Road South to Interstate 5, Monday through Friday from 6:00 a.m. until 3:30 p.m. for the following weeks:

September 9 â€" 13
September 23 â€" 27
October 7 â€" 11
October 21 â€" 25
November 4 â€" 8
November 18 â€" 22
December 2 â€" 6

All cyclists and pedestrians will be prohibited from utilizing the Bike Trail/Maintenance Road during this time period. Cyclists may use State Route 76 as an alternate route. Signage and road barriers will be installed during the periods of closure. There may be further closures depending on the amount of rain received during the Fall.

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Sheriff captain clarifies sharrow rules.
The Coast News, Sept 6, 2013

A strange new symbol that looks like a bike under a roof is being added with more frequency to local streets. The symbol denotes sharrows, or lanes that can be shared by cyclists and motorists. They were installed along Coast Highway 101 in Encinitas in 2012 and more recently on the same roadway in Solana Beach.

Sheriff Capt. Robert Haley said sharrows are a great concept but there has been some confusion on the proper way to use them.

According to the Manual of Uniform Traffic Control Devices, which is used by the U.S. Department of Transportation and law enforcement, sharrows alert motorists that a bike rider may use the lane. They also help cyclists on roads with on-street parallel parking.

Comments Haley made about the lanes during a community gathering in Solana Beach last month drew the ire of a handful of bicyclists.

“Some people think it’s a giant bike lane,” he said, adding that, according to the law, cyclists are always supposed to ride as far to the right as possible anytime they are on a roadway, even in a sharrow or bike lane.

He said the major complaints his station has received have been when cyclists ride in groups rather than a single file, as they are legally obligated to do.

Bill Davidson accused Haley in an online comment of being “fundamentally ignorant about the law and bicycle safety. Serge Issakov said the captain got “so much wrong … it’s just incredible.”

Haley praised local city officials for their forward thinking when it comes to bicycle safety, but he said it wasn’t their intent to allow cyclists to ride any way other than in a single file. He said that’s the biggest issue he has with the lanes.

The motor vehicle code states, “Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway” except under a few conditions, including when it’s “reasonably necessary to avoid conditions that make it unsafe.”

Those unsafe conditions include a car door opening into the path of the cyclist, a likely occurrence on a roadway with parallel parking.

In that case, “they may have to ride in the middle of the sharrow for as long as it’s unsafe,” Haley said. “We’re not going to write anyone up for riding in the middle of a sharrow.

“If a person is riding to the left of someone else, he isn’t as far to the right as possible,” he added.

Haley said he verified the law with Traffic Commissioner Larry Jones, who confirmed that cyclists must ride in a single line while on a street.

Haley acknowledged cycling is a social event. “We’re not targeting them,” he said. “But to keep people safe, we will give tickets in high-pedestrian areas where there have been complaints.”

However, Haley said he isn’t aware of any citations being given to cyclists by deputies from his Encinitas station, even for running stop signs and red lights, complaints that have been on the rise.

Responding to comments that law enforcement officers should be out catching burglars rather than focusing on bicyclists, Haley said the majority of calls into his station are traffic related, so much so that each city has a deputy assigned to traffic, although that officer would be redirected if there is a burglary.

“Our goal is to protect life and property â€" life first â€" and keep people from getting injured or killed,” he said. “When that happens it’s traumatic for everyone involved as well as the whole community.”

Haley said cyclists who don’t like the laws can work to get legislation enacted to change them.

Comments:

Serge Issakov says:
September 6, 2013 at 8:30 pm
Haley says, “…except under a few conditions, including when it’s ‘reasonably necessary to avoid conditions that make it unsafe.’”. True enough, except 21202(a)(3) specifies another condition that makes it unsafe to continue along the right, and that is when bicycling in “a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.” This condition has been in the law since 1975, but it never specified exactly how narrow a lane has to be to be “too narrow…” Well, that’s the point of sharrows and Bikes May Use Full Lane signs. The CA Manual of Uniform Traffic Control Devices states: “The Bicycles May Use Full Lane (R4-11) sign may be used on roadways where no bicycle lanes or adjacent shoulders usable by bicyclists are present and where travel lanes are too narrow for bicyclists and motor vehicles to operate side by side”, and “… a Shared Lane Marking… may be used in addition to or instead of the Bicycles May Use Full Lane sign to inform road users that bicyclists might occupy the travel lane.” For support, it explicitly refers to CVC 21202(a)(3) as defining a “substandard width lane” as a “lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the same lane.”” The whole point of sharrows and Bikes May Use Full Lane signs is to take the guessing game out of lane width assessment requirement by 21202(a)(3). With these markings and signs everyone simply knows it’s 21202(a)(3) situation and there is no requirement for bicyclists to try to share such a narrow lane, because doing so invites unsafely close passes and is inherently dangerous. To verify, just Google California MUTCD and search for 21202 in Part 9 of the 2012 edition. Here’s a link to the PDF: http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/pdf/camutcd2012/Part9.pdf

Judy Frankel says:
September 6, 2013 at 8:51 pm
Captain Haley by no means should go to Traffic Commissioner Larry Jones to clarify the law. Larry Jones is not a Judge. He has been shown over and over again to show bias and ignorance of the Law. The bicycling community has been advised to require a Judge and reject a Commissioner if they are every ticketed in a bike matter. Lawyers have requested to be moved to other court rooms in bike cases when Larry Jones was the Commissioner assigned. It is very sad how uneducated the the “Traffic Commissioner” is in bicycling law. Maybe Captain Haley should try clarifying the law with a Judge or better yet, the District Attorney. The DA has overthrown judgements by Traffic Commissioners in bike matters.

Bill Davidson says:
September 6, 2013 at 9:03 pm
CVC 21202(a)(3) exempts bicyclists from the requirement to ride far right:

Haley may think that he knows when conditions do or do not make it unsafe to ride far right but because he refuses to take a safety class from the San Diego County Bicycle Coalition or any other League of American Bicyclists certified safety education provider, he does not. He cannot. He hasn’t done the research that they have. He doesn’t have the experience that they have.

There is no place along those sharrows where it is safe to ride far right. Haley may disagree but his lack of training and lack of experience make him unqualified to make that judgment.

Haley is irrational when he tries to say that bicyclists must ride single file. California has no such rule. His attempt to distort CVC 21202(a) into requiring single file is laughably insane. When any exception applies then bicyclists are not required to ride far right. That’s what the law means when it says “except under any of the following conditions”. If any exception applies then bicyclists are not required to ride far right which means that they can ride side by side. Haley and Jones’ interpretation indicates that they have trouble understanding words in English.

Bill Davidson says:
September 6, 2013 at 9:16 pm
We really need to examine motivations here. My motivation for using the full lane is safety. That’s my ONLY reason. That’s why I actually bothered to study bicycle safety from real bicycle safety experts.

Anyone who actually cares about bicycle safety will study the subject. Haley claims that his concern is safety. He is not telling the truth. Anyone who does not study bicycle safety does not care about the subject.

Haley just wants to stop getting complaints from ignorant motorists who don’t know the rules of the road and can’t bear the trivial inconvenience of changing lanes to pass a bicyclist safely.

Ken Grubb says:
September 7, 2013 at 12:20 am
He commands the Encinitas Station of the San Diego County Sheriff. If you want to talk

http://www.sdsheriff.net/patrolstations/encinitas.html
mailto:encinitasstation.encinitas@sdsheriff.org
mailto:robert.haley@sdsheriff.org


Bill Davidson says:
September 7, 2013 at 12:33 am
I know of at least 3 instructors certified by the League of American Bicyclists who have tried that. They got nowhere.

The San Diego County Sheriffs have made it clear that they do not respect the opinions of actual bicycle safety experts about the subject of bicycle safety. They care more about people who don’t want to move over to pass a bicyclist safely than they do about our safety. Training means nothing to them. Experience means nothing to them. Logic means nothing to them. Facts mean nothing to them.

John E says:
September 7, 2013 at 6:51 am
There are several issues: 1) If the sign clearly says, “Bicycles May Use Full Lane,” why can a cyclist be cited merely for so doing? 2) The law says cyclists shall ride as far right as PRACTICABLE (not “possible,” which would mean against the parked cars or in the gutter pan, in most cases) and provides numerous exceptions, such as “where a right turn is authorized.” On a commercial street with frequent driveway cuts, entire blocks often fall under that exception. 3) It is neither safe nor predictable for “gutter bunny” cyclists to hug the curb, then hop to the left to pass parked cars or to circumnavigate other road hazards, before hopping back against the curb. The other drawbacks of curb hugging are a greatly increased risk of not been seen by overtaking motorists and loss of any emergency maneuvering room in the event of a right hook or a right drift by an overtaking motorist.

Scott says:
September 7, 2013 at 1:40 pm
A lot of cops just don’t get it.

The very first time I was pulled over on my bike â€" for allegedly not riding as far right as practicable â€" I pointed out the very narrow lane and the intermittent lane of parallel-parked cars.

The officer told me I was required to ride immediately next to the parked cars and weave in and out when there were gaps between them. Sadly, he was serious :-/

Joe Hanson says:
September 7, 2013 at 2:54 pm
“Bias refuses basic human equity to its target.Bias is impervious to logic and reason.Bias is blind to its absurdity no matter how brilliantly it is defined. As much headway as we’re making with law enforcement, stubborn anti-cycling bias can be encountered among the ranks of the most enlightened department.”

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Home Maintenance Checklist .
Doris Black

A home is an investment you’ll want to protect. Here is an annual checklist of areas that need to be inspected as regular maintenance:

Exterior Maintenance

• Gutters and downspouts need year-round attendance to make sure they are operating properly. Improper water drainage can ruin a foundation.


• Window and door caulking should be secure. If it’s missing or pulling away, it could lead to water infiltration.


• Check the grade around the foundation. Over the years dirt may settle and a layer of topsoil may need to be added to maintain a slope away from the house. Don’t allow low areas to remain and collect water.


• Watch for broken or missing roof shingles.


• The only sure way to stop a leak in a rooftop vent is to replace the flashing. If you see what looks like a sloppy mess of tar around the vent it usually means the flashing was not replaced.


• Chimney mortar that is crumbling or missing should be replaced. Holes in the mortar will allow water to seep in.

Scan receipts for permanent home improvement projects into your computer. Use them to document warranty claims and replacement costs for insurance purposes.

Interior Maintenance

• Check the caulking around the tub and sink. If deteriorating, it could leak water into substructures.


• Bathroom flooring that is cracked or does not fit tightly against fixtures can allow water to seep through to the subfloor. A soft, spongy spot in the floor is an indication of subfloor water damage.


• Check your basement for peeling paint on exterior walls and musty smells. Are mold and mildew present on exterior walls? These are indications of moisture in the basement. Take steps to stop moisture with dehumidifiers, sump pumps and drainage.


• Tub surrounds should have grout and tiles intact. Missing grout or loose tiles can lead to wall damage from water.


• In the kitchen, again it is water that causes the most damage. Check around the edge of the sink where it meets the countertop. Does it have a good seal? Next check where the countertop meets the backsplash. A leak could cause wall or cabinet damage.


• Walls and ceilings are prone to mildew if not ventilated properly. Look for irregular brown spots. A brown ring can signify water damage.


• Electrical boxes should be in good repair at all times and free from rust.

No matter how long you plan to live in the house, good repair will aid in appreciating its value.

Man Struck By Lightning: Faces Battery Charge

Bike lots,
Jeff Gross
jeff@fullcommitment.com

[Margareth Demery]

Just received from Sacramento - Joshua Stark, State Policy Director wrote -

Dear Peg,

The Governor just signed AB 1371 to require drivers to give people on bikes three feet of clearance when passing.

And he did it because of you.

Nearly 5,000 people emailed Governor Brown in support of the bill.  That’s more than double the number who emailed him last year, and it made all the difference.

After three years, we’ve finally got three feet for safety.  TransForm was proud to support the California Bicycle Coalition in advancing this important bill, but we couldn’t have done it without you.  Thank you for taking action to make our streets safer for bicyclists. - END TEXT