Bob Mionske's BicycleLaw.com Blog on Bicycle Law and Advocacy

BicycleLaw.com Updates for May 17, 2013

Fri, 17 May 2013 07:00:00 -0400

News:

Campaigners group to fight for strict liability for Scotland
Bike Biz: Campaigners group together to fight for strict liability for Scotland by Carlton Reid Monday, April ...
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Cyclist hopes to make 'strict liability' legal history with High
Road.cc: Cyclist hopes to make 'strict liability' legal history with High Court case Suing both passenge...
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South African cyclist manhandled by occupants of diplomat's car
Road.cc: Video: Diplomatic incident! South African cyclist manhandled by occupants of diplomat's car could face c...
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With crash data, Boston tries to make bicycling safer
The Boston Globe: With crash data, Boston tries to make bicycling safer Ridership up; 50% drop in injury rate ...
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Support grows for 'strict liability' for cyclists in Scotland
Bike Biz: Support grows for 'strict liability' for cyclists in Scotland by Jonathon Harker Bike Sta...
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Arrested driver complained bicyclists 'don't belong' in Lyons
The Daily Camera: Driver arrested in cyclist's death had complained bicyclists 'don't belong' in Lyon...
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Bike advocates react to citys crash study
The Boston Globe: Bike advocates react to city’s crash study By Martine Powers | Globe Staff May...
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In the helmets debate, cyclists need to use their heads
The Herald: Inside Track: In the helmets debate, cyclists need to use their heads Helen McArdle News Reporte...
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Road Rights:

Road Rights- Help From Our Friends
How to talk bike safety with those who don’t ride (yet) By Bob Mionske Have I ever mentioned my Uncle...
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BicycleLaw.com Updates for May 14, 2013

Tue, 14 May 2013 07:00:00 -0400

News:

Driving schools promote safer habits around cyclists
Enterprise News: Driving schools promote safer habits around cyclists By Monica Jimenez/mjimenez@wickedlocal.com...
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The bike revolution and its backlash
The New York Daily News: The bike revolution and its backlash From bike lanes to Citi Bike and beyond, how th...
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More proof that bike lanes boost business
Treehugger: More proof that bike lanes boost business Lloyd Alter Transportation / Bikes May 13, 2013 ...
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Cyclists Aren't 'Special,' and Shouldn't Play by Their Own Rules
The Atlantic Cities: Cyclists Aren't 'Special,' and They Shouldn't Play by Their Own Rules SAR...
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BicycleLaw.com Updates for May 11, 2013

Sat, 11 May 2013 07:00:00 -0400

News:

Cyclist Captures Harassment on Camera in South Williamsburg
Streetsblog: Cyclist Captures Harassment on Camera in South Williamsburg by Stephen Miller Elevated from ...
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Confronting the Scofflaw Cyclist

Wed, 05 Dec 2012 03:43:00 -0400

By Rick Bernardi, J.D.

You’ve probably seen “the comment.” It goes something like this. A news article reports that a cyclist was injured, or maybe even killed. The cyclist was following the law. The driver was not. Maybe the driver was just being careless. Maybe the driver was deliberately targeting the cyclist for harassment, or worse.

It doesn’t matter, because “the comment” always follows the same logic: “When cyclists stop breaking the law…” Regardless of what actually happened, regardless of the fact that this particular cyclist was following the law and this particular driver was not, some aggrieved motorist feels obliged to point out that cyclists break the law.

This is the myth of the scofflaw cyclist. [More]

Red Light Runners

Mon, 03 Dec 2012 08:11:00 -0400

By Rick Bernardi, J.D.

The reason most often-cited by motorists for the animosity between motorists and cyclists is the disregard that cyclists have for the traffic laws. And one complaint in particular always comes up in any discussion about cyclists—the well-known disregard that cyclists have for stop signs and red lights.

Well, it’s true that many cyclists do not follow the traffic laws when it comes to required stops. But it’s also true that many cyclists do follow the law. And yet it’s virtually guaranteed that whenever the subject of cyclists comes up, motorists will volunteer their observations that cyclists have no regard for stop signs and red lights. And these observations are offered regardless of circumstances. A motorist right-hooked a law-abiding cyclist? A driver has no explanation for why he didn’t see a brightly-clad law-abiding cyclist in broad daylight? A road-rager uses his vehicle to assault a cyclist and bully him off the road? No matter. Somebody will mention that cyclists break the law.

So with all of that sanctimony, one might reasonably believe that drivers are themselves paragons of lawfulness, especially when it comes to observing stop signs and red lights. [More]

Is BUI like DUI?

Fri, 30 Nov 2012 18:00:00 -0400

By Rick Bernardi, J.D.

Should bicycling under the influence (dubbed “BUI” by Bob Mionske) be legal? Should it be illegal? And if it is illegal, what is the proper penalty? [More]

Drunk cycling: Is Denver's new bike DUI policy harsher than rules in other states?

Tue, 27 Nov 2012 14:11:00 -0400

This news article featuring Bob Mionske and Rick Bernardi has been reproduced here for our archives. To access the original article, follow the link.

Westword: Drunk cycling: Is Denver's new bike DUI policy harsher than rules in other states?

By Sam Levin Tue., Nov. 27 2012

Yesterday, we reported that Denver Police are now enforcing state drunk-cycling laws -- meaning intoxicated cyclists can be charged with DUIs just like inebriated drivers. Some cycling advocates question whether this is good public policy -- and a look at parallel laws around the country shows that Denver's approach is harsher than some other states' enforcement rules. [More]

Bike lawyer: cyclists often a 'target'

Mon, 26 Nov 2012 15:05:00 -0400

This blog article featuring Bob Mionske has been reproduced here for our media archives. To access the original article, follow the link.

Bike lawyer: cyclists often a 'target'

Former Olympic cyclist Bob Mionske, now a cycling attorney, discusses the growing tension between motorists and cyclists as more and more bikes hit the road.

Video" Bike lawyer: cyclists often a 'target'

Hey, angry driver: Smile for the bike cam

Mon, 26 Nov 2012 14:55:00 -0400

This news article featuring Bob Mionske has been reproduced here for our archives. To access the original article, follow the link.

Hey, angry driver: Smile for the bike cam

As commuting by bike becomes more popular, bikers are mounting small cameras on their bicycles to document what they say is aggressive driving. NBC’s Tom Costello reports.

Video: Hey, angry driver: Smile for the bike cam

Stay Safe, Cyclists

Thu, 22 Nov 2012 15:25:00 -0400

This news article featuring Bob Mionske has been reproduced here for our archives. To access the original article, follow the link.

USA Pro Cycling Challenge: Stay Safe, Cyclists

Story by Joe Silva

If there’s one thing we’ve learned in the past few weeks with regards to cycling it’s that no one is immune to the dangers of riding out on the roads. Several recent high-profile wrecks have once again brought home the reality that even the most capable and experienced bike riders are subject to the hazards of traffic. In early November Team Sky rider Bradley Wiggins was toppled by a van during a training ride. The Olympic champ and 2012 Tour de France champion was described by witnesses at the scene to be in severe pain as he waited for an ambulance to whisk him off to a hospital. Not long after the team’s coach Shane Sutton was also the victim of a run in with a motorist that was far more serious. Wiggins suffered a rib fracture and a dislocated finger, but Sutton was treated for bleeding on the brain and memory loss. And proving the axiom that bad things come in threes, Wiggins former teammate Mark Cavendish “slammed” into the back of a car that hit its brakes suddenly while the Manx speedster was out training. Luckily, Cav sustained only a bruised arm in the incident. [More]

Can a bicyclist pass on the right?

Wed, 14 Nov 2012 15:56:00 -0400

By Rick Bernardi. J.D.

Can a bicyclist pass on the right?

This is a question that we’ve come across more than once, most recently in a crash that happened in California. As the cyclist explained, [More]

Bike The Vote

Mon, 05 Nov 2012 16:06:00 -0400

By Rick Bernardi

Tomorrow, the nation heads to the polls. Of course, the election that is on everybody’s mind is the one that determines which candidate will be our President for the next four years. But as in every general election, there’s more on the ballot to consider.

In the 2010 election, a Republican tidal wave inundated the House of Representatives, sweeping in Republican control and sweeping many Democratic Congressman out of the Capitol. One of the most stunning losses for cyclists was Representative Jim Oberstar of Minnesota, who had been a long-time champion of cycling issues in Congress, and as Chair of the House Transportation Committee, had actually been in a position to include support for cycling in federal transportation policy. [More]

Jerry Brown 2.0: Bicycle Crank?

Fri, 02 Nov 2012 09:20:00 -0400

By Rick Bernardi

There was a time when California had the nation’s hippest, most innovative, progressive young Governor. I grew up in that California, and Jerry Brown was about as different a politician as you could find in a Governor’s mansion, or anywhere else. In fact, Jerry Brown didn’t even live in the Governor’s mansion. Thinking the mansion too ostentatious, Brown preferred sleeping on the floor of a modest Sacramento apartment. And instead of being chauffeured in the Governor’s limousine, Brown drove a Plymouth Satellite to work. [More]

Aggressive and Unsafe Drivers vs. Cyclists, Round Two

Tue, 04 Sep 2012 10:29:00 -0400

Last year, California nearly joined the growing ranks of states that are enacting 3-foot passing laws. The California Legislature did its part, passing a law and sending it to the Governor’s desk. But Governor Brown shocked California cycling advocates when he vetoed the legislation. As if the veto wasn’t shocking enough—placing him "squarely in Governor Rick Perry territory”—his rationale for vetoing the safety legislation was at least as shocking. As Bob Mionske wrote at that time, [More]

Making Bicycling Environmentally-Friendly Again

Tue, 04 Sep 2012 08:00:00 -0400

In 2005, San Francisco was poised to begin construction of a network of bike lanes. But that same year, San Francisco’s plans came screeching to a halt when a local gadfly with an anti-bike bee under his bonnet filed a lawsuit. To the surprise of San Francisco’s bicycle advocates, the lawsuit alleged that by making room for cyclists on San Francisco’s streets, bicycle lanes would create more air pollution. Although this seems counter-intuitive, the lawsuit alleged that bicycle lanes would increase automobile traffic congestion, and this congestion would have a negative impact on air quality. And because the bike lanes had a potentially significant impact on air quality, the lawsuit argued that the city was required to conduct an environmental review of the project—which it had not done. [More]