Category: Legal

Leaves are Falling

The leaf piles are out to get us... fight back!
The leaf piles are out to get us... fight back!

The leaf season is here and this year we have some good developments from the Public Works Maintenances Leaf Program. GEARs has worked closely with the City to make changes to their program including changing their outreach material, working to create priority sweeping streets (similar to snow plowing routes), and a new reporting method.  The changes are a major development from just last year when the City was putting out fliers showing people how to “neatly” stack leaves in the bike lane.  The recognition that leaves are not allowed in the bike lane is a great step forward and the new program changes are a great start to improve this important safety issue for cyclists.

The new reporting method includes a city website that allows you to see where the latest street sweeping has happened (with up to the minute updates and a history).  You can also report exact locations where leaves have been piled by residents and businesses.  With this reporting method the city will have a way to see where repeat offenders are. Go to http://www.eugene-or.gov/leaf to use these services. Finally, for an off-line method of reporting they have set up a Leaf Hotline to call and report problem areas.  That number is 541-682-5383. Plug it into your cell phone.

For this system to work well we need people to use it.  When you see issues go online or call them in to report them.  As we go through the year we’ll work the City to refine this program and we’ll continue the work to make our streets safer for everyone.

Have You Had a Bike Crash?

Now is your chance to learn more about your rights and responsibilities as a bike rider. On September 24th, 6:30pm-8:00pm at The Atrium Building (Sloat Room), Olive & 10th, Derek Johnson, of Johnson, Clifton, Larson & Schaller P.C., will present and answer questions relating to civil justice, insurance, and liability associated with bike crashes.

It is your chance to ask questions like: “Do I need to get the name and phone number of the guy that pulled right into me while I was riding down…?” or “Am I liable for hit and run if I run into a pedestrian and leave the scene without talking to them?” Your questions are probably something that we all want to know and this is the night to learn — for free. So, grab your biking friends and bring them to the GEARs legal clinic, this Thursday evening. Bring your headlights too.

Empower yourself and attend. Free to the public.

Crash on Monday is Fatal

Another cyclist has died on our city streets. Marcellus Tryk, 47, also known as Donald Tryk, was listed in critical condition at RiverBend Hospital on Monday but according to a story by KVAL he died yesterday at the hospital.

I have only found the one news story about it. I have a call into the police department to try to find out more. If anyone has more information please share it with me so we can get the information out.
Here’s the story as reported on KVAL.

——-

**UPDATE- I just got a call from the police department and the investigation is still open and they can’t release many details.
I did find out that the crash occured near 339 W. 17th (just west of Lincoln St- near Cornucopia) and that when responding the officer found no damage to the car or bicycle involved and that there were no witnesses.   Because of that it sounds to me like they are not investigating too much more. Now that he has died that may change but now that one of the most important witnesses is no longer here to tell us what happened I hope that we as a bike community can help to make sure that his case is fully and fairly investigated.  If he was startled by an opening car door then an investigation needs to be done into whether the motorist violated ORS 811.490 which prohibits opening a car door unless it is “reasonably safe to do so.”

Just a few weeks ago a cyclist in Portland filed a lawsuit against a driver for a dooring (information from lawyer Ray Thomas on “dooring” is linked to in the article as well).

Position on "Idaho Stop" Bill, Change in Meeting Time, & Call to Action!

The GEARs Board met yesterday afternoon and came to agreement that as an organization GEARs supports HB2690, otherwise known as the “Idaho Stop Bill” that would allow cyclists to treat stop signs as yield signs.

The April 13th GEARs Meeting has also been rescheduled to allow Board and general members to make public comments about the cities position at the April 13 City Council Meeting. The new meeting will be held on April 27th at 7:00 pm at the Keystone.

Background:
A letter was written (download PDF) by the city’s Bicycle and Pedestrian Coordinator on behalf of the Inter-Governmental Relations Committee (IGR) without consulting the Bicycle & Pedestrian Advisory Committee (BPAC) or the bike community at large. In that letter the City stated it’s position as opposing the bill. Because of the reaction from the bike community to that letter the IGR (made up of three city council members) re-evaluated their position and two members changed from “Oppose” to “Neutral”. Because it was no longer unanimous it automatically goes to the full City Council for a vote to support, oppose, or be neutral on the bill. And that is where GEARs members come in.

A CALL TO ACTION:
GEARs members are encouraged to attend the City Council Meeting and share your opinion on the Bill and/or the city’s process in developing their position. They are reconsidering the City’s position and will likely be voting that night. Time for public comment is at the beginning of the meeting- Monday, April 13th at 7:30 p.m. Get there early to sign in. There will also be a lot of skateboarders there to support the new Washington/Jefferson Park so it will be a great show of Active Transportation modes- we’ll be taking over and letting the Council know that we want to see change in priorities to more healthy, safe, and sustainable transportation options and we want the City to communicate with us!

The BPAC will also be discussing this issue and taking a position at their meeting this evening- 5:30 p.m., Atrium Building, Sloat Room.

And finally, there was a Guest Viewpoint in todays Register Guard from our Vice-President, Jay Klein.

City Works to Change Gears

After the City of Eugene’s letter in opposition to the “Idaho Stop Bill” appeared last week the local cycling community has been active in their response to the “out of left field” obstruction on this bill.  During the first hearing in Salem the letter in opposition surprised not only the local biking community but also the statewide advocacy organization, the BTA (Bicycle Transportation Alliance). There has been a lot of discussion over the past several days over how this happened. Why didn’t the BTA communicate with the local cycling community about this bill in preparation for the Salem hearing, especially if they knew cities were going to be giving statements regarding the bill? Why wasn’t the Bicycle and Pedestrian Advisory Committee not used by City staff in their advisory roll? How could GEARS have been more on top of the legislation that was coming up? Why did the City oppose it?

A lot of questions were asked but one of the most important ones was, how can we change this opposition?

Today we got our answer. After several calls to the Mayor and City Council members, including the three who make up the IGR (Inter-Governmental Relations) committee (Betty Taylor, Andrea Ortiz, and George Poling) the IGR has decided to change their position from opposition to neutral. In reference to the IGRs change in position Mayor Kitty Piercy said she thought it was “a good move.” It’s not a 180 degree turn in support but it certainly means that we as a bike community were heard!

There is still a good amount of work to be done to educate the community, our leaders, City staff, and from the BTA’s perspective the state legislature on this bill, but having Eugene change from opposition to neutral is no small step in helping the process I’m sure. There are many points of discussion to have regarding this bill; why isn’t this already the law, should it be the law, is it too confusing, will it hurt our children, is the timing right, etc? But I think the main point of what has been happening over the last week is that we missed out on that conversation and now I think we have that chance. Now is the time to read up on the legislation if you haven’t already:
You can find the pdf of the complete text here
Check out bikeportland.org for other coverage of the Idaho Stop Law
Read the Ray Thomas article on the bill
See the BTA’s FAQ regarding the bill.
To engage other GEARs members in discussion sign up to the Google discussion group (from the GEARs homepage).

If you’d like to thank the IGR for their change of position or if you’d like them to go even further to support the bill then write your council member or come to the City Council Meeting on April 13th.  You are the cable that helps to move the gears, get connected and join in the change.

Oregon's Own "Idaho Stop Law"?

(updated post after Jonathan Maus interpreted this post as not “too supportive of the Idaho Stop”- GEARS hasn’t taken a position yet so I was trying to be a bit neutral, maybe to a fault?)*

GEARS hasn’t officially met to discuss this issue yet but I think that as cyclists we all know the realities of riding our cities streets and the true nature of how cyclists treat stop signs.   Even well intentioned, well trained, and conscious cyclists rarely come to a complete stop at stop signs.  With such great visibility, hearing, agility, and slow approach speeds it becomes clear how different cyclists are in their ability to assess the hazards posed at intersections with stop signs and how this law could actually help cyclists navigate our streets in a safe and legal manner and maybe even allow better enforcement of those who blatantly blow stops signs with no regard for others right of way.

That being said, as an LCI bike educator one of the mantras we live by is that “cyclists fare best when they act like and are treated as drivers of vehicles.”  Because that is what we are, vehicles.  So why should we have different laws that treat us differently?  Is it a slippery slope?  Will it be easier for the legislation to then change laws that restrict us from the roadways?  We already have one example of that type of restrictive “special law” and it’s the “Far Right” law that requires cyclists to ride as far right as “practicable” and also the mandatory bike lane law. Though there are exceptions to the laws they are still special laws that are limiting and are used against cyclists claiming their right to the full lane when they feel it is safer to do so.  Would this law encourage more of these types of laws or would it maker it easier and even safer for cyclists in Oregon?

*I personally think this would be a great change in the legal system for cyclists.  I would like to see more enforcement of cyclists blowing stop signs (by blowing I mean not yielding) and this law would make it so those who are acting as safe and considerate cyclists could continue to act as they do on the roadway; stopping for others when they have the right of way or continuing through if it is safe and those who do not could be penalized.  And maybe be required to take a bike ed class like some of the ones GEARS is offering this summer??

Here is a post from bikeportland.org that gives an idea of the BTAs position on the bill.  For more coverage on the issue see bikeportlands Idaho Stop Law coverage.

Full text of Karl Rohde’s Idaho Stop testimony

Posted by Jonathan Maus (Editor) on March 19th, 2009 at 10:54 am

Below is the full, prepared text of Karl Rohde’s testimony in front of the House Transportation Committee yesterday on behalf of the Idaho Stop law. Rohde is in charge of the BTA’s government affairs and he is their lobbyist in Salem.

(For a full report from that hearing, read our story from yesterday.)

Chair Beyer and Members of the Committee, thank you for the opportunity to appear before you today in support of House Bill 2690, the “Idaho Style Stop Law”. For the record, I am Karl Rohde, Government Relations and Public Affairs for the Bicycle Transportation Alliance.

The BTA firmly believes that this law is in the best interest of all users of the road. The BTA is committed to safety and would never support a bill that we felt might jeopardize someone’s safety.

This bill does not decriminalize bad behavior, it decriminalizes good behavior, bad behavior would still be illegal and we will continue to work in collaboration with law enforcement to address the truly unsafe behavior that this law would not protect.

Most cyclists have a high degree of self-preservation and are not going to engage in unnecessarily dangerous behavior. By the very nature of the vehicle cyclists travel on, they have a higher degree of awareness of their surroundings. They sit up higher, they have no blind spots and they are not in an enclosed environment so their hearing is not affected. The letter from researcher Jason Meggs goes into greater detail on this.

The existing law, is a discouragement to cycling. Around 60% of the public are interested in cycling but have concerns for their safety and convenience. They would prefer to ride on low volume, low speed residential streets, however, in the interest of traffic calming, those streets are often loaded with stop signs to discourage automobiles from cutting through neighborhood streets. So the citizen choosing to bike to his or her destination is faced with a difficult choice—do I take the neighborhood street with all it’s stops and starts or do I move over to the high volume street will I can travel at a faster pace amongst all that traffic. Or, worse, do I accept that in order to get to my destination safely and conveniently, I’m just going to have to be an outlaw.

In our original concept of the bill, we had included a provision that would allow local jurisdictions to sign certain intersections that were determined to pose an extreme hazard with a required stop for bikes sign. We were contacted by Legislative Counsel and informed that because such a sign does not exist in the Manual on Uniform Traffic Control Devices, referencing it in legislation could not happen. We are still willing to entertain this concept and work with the Committee to address it.

Joining me to testify today are

  • Attorney Ray Mionskie
  • Attorney Ray Thomas
  • Corvallis Resident Kris Warloe
  • Chair of the BTA Legislative Committee, Doug Parrow [Parrow did not testify]

The Bicycle Transportation Alliance is a statewide non-profit organization that works to open minds and roads to bicycling. We represent bicyclists and the bicycle industry with over 5000 members in Oregon and SW Washington, and have seventeen years of experience in bicycle engineering, planning, education and advocacy.