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Bicycles, autos and the law

by Jackie Green
The Courier-Journal
Wednesday, 9 September 2009
 
Bicycles and law are currently a hot topic. Agencies of metro government, bicycle advocates and irate drivers are all defining the law. Some are publishing truncated versions of local ordinance. Some are simply publishing or yelling their interpretation of the law without reading Metro ordinance. This is the disputed Metro law, in its entirety:

"Every person riding a bicycle on any roadway shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which by their very nature can have no application."

The phrase "except those provisions of this traffic code which by their very nature can have no application" is a very important component of the law. The phrase permits an evaluation of traffic codes within the context of risk reduction. Central to the question of what is legal or illegal for a cyclist is ‘the nature of the traffic code’. If the nature of the code increases risk, the code “can have no application”. The phrase addresses the realities of bicycling, permitting the cyclist to be both safe and legal.

The local controversy often revolves around cyclists: 1) slowing at stop signs, 2) riding through red lights, 3) passing stopped or slow cars, and 4) riding on sidewalks. A narrow legal interpretation (one that ignores half the law) concludes that our traffic code requires cycling citizens to stop and stand unprotected in a traffic lane with oncoming cars approaching from behind. We have had local cyclists hit from behind and killed while the drivers suffer no serious legal implications.

A narrow interpretation of the law requires citizen cyclists to stop, stand in the midst of idling engines, and inhale carcinogenic exhaust instead of moving safely through a congested intersection or beyond a line of waiting cars. Louisville’s lack of adequate mobile source emissions regulations makes this scenario particularly unacceptable.

A narrow interpretation of the law requires a “one size fits all” approach to both persons and situations. Road conditions and circumstances differ radically. Cyclists also differ radically.

The customers of our three urban and inner suburb bicycle shops are commuters, college students, neighbors, grandmothers, children, bike club riders in spandex, the homeless, and international tri-athletes. Some customers have never ridden a bike before. Some are mothers wanting to ride to the grocery store. Some have mental and physical challenges that the rest of us are lucky not to have to cope with. Some are trying to loose fifty pounds. Some have not been on a bike for thirty years. Some are trying to live a car-free life style. Some are in detox programs. Others should be in detox programs. Most ride a bike by choice. Some have no other transportation. Each one of them is distinct in ability, skill, strength, experience, reflexes, vision, resources, etc..

The thirty year old down syndrome cyclist riding a fat tire bike, the very pregnant woman, the little lady pulling a two wheeled grocery cart tied to the rear rack of her twenty year old granny-bike should all cautiously ride the sidewalk. The healthy, experienced adult cyclist arriving at his destination block should exit the busy street at the corner curb-cut and cautiously join the pedestrians on the sidewalk where a civil, gracious, and understanding spacial accommodation takes place between pedestrians and cyclists - a sidewalk reorganization peppered with greetings, smiles and ‘thank you’s.

Metro law is brilliantly flexible. It permits cyclists to be legal and reduce risk. The measure of the nature of the traffic code is risk reduction. Be brilliant - ride, drive with risk reduction in mind.