Archive for Bikes & the Law

79-year old Escondido cyclist killed in apparent solo wreck; Coroner rules Alan Deane death an accident

What started out as a very good month on SoCal streets has turned bloody for area cyclists.

After going nearly four full weeks without a fatal collision — and yes, that’s good for the heavily populated Southern California region that averages over one bike death a week — three riders have died in the last 10 days.

The latest is a 79-year old Escondido man who apparently died in a solo collision.

According to the North County Times, the rider, who has not yet been publicly identified, was found along the 400 block of East Mission Avenue in Escondido. He was taken to a local hospital where he was pronounced dead.

The Union-Tribune’s Sign On San Diego website reports that the victim was not wearing a helmet, and did not have lights on his bike. In this case, the lack of a helmet is relevant because this appears to be exactly the sort of slow speed impact that helmets were designed to protect against.

The cause of his fall is unknown;  however, police report that no other vehicles were involved.

Of course, it is entirely possible for a car to cause a crash, without leaving any sign, by cutting off a rider or passing too closely and causing the victim to lose control of his bike.

Unless a witness unexpectedly turns up, it’s unlikely we’ll ever know. But this could be exactly the sort of situation that SB 910, the 3feet2pass bill that’s currently sitting on the governor’s desk awaiting his signature, is designed to prevent.

Are you listening, Governor Brown?

This is the 54th confirmed traffic-related death in Southern California this year, and the 11th in San Diego County. That compares to an average of just under seven deaths each year in the San Diego area, and is just one below the 55 deaths recorded in the seven county SoCal region in each of the last two years currently on record.

It’s also the 5th fatal solo bike collision this year.

Update: The victim has been identified as Jerzy Nowak of Escondido; San Diego’s 10 News reports that there were witnesses who saw him fall, and confirm that no other vehicles were involved. 

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Meanwhile, the carnage continues in Pasadena, as another cyclist is injured in a hit-and run at the intersection of Walnut Street and Los Robles Ave; fortunately, he was not seriously injured.

And the death last week of popular cyclist and musician Alan Deane has been ruled accidental by the coroner’s office. What effect that will have on the police investigation remains to be seen.

Oddly, for someone whose death brought forth such an outpouring of grief, police have been unable to find Deane’s last known address.

Maybe you know where he was living?

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Of course, it’s not just Pasadena. Or Escondido, for that matter.

KABC-7 reports that a 15-year old bike rider was injured when he was struck by a hit-and-run driver on the 5500 block of North Victoria Avenue in Highland on Monday afternoon. He was taken to the hospital with a head injury; authorities are looking for the driver of a black, 1980s pickup truck.

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Finally, I’ve gotten word that Jeffrey Ray Adams, the driver accused of intentionally cutting off a cyclist in Santa Monica — then ranting about it in a video captured by the victim — missed a court appearance on Monday. As a result, I’m told that a felony bench warrant has been issued for failing to appear.

However, reports that the case has been upgraded to a felony charge appear to be incorrect. According to cyclist/attorney Dj Wheels, the District Attorney’s office still reports that the case has been referred to the Santa Monica City Attorney for misdemeanor filing, while the SaMo CA says the case is still under evaluation.

As he notes, however, it’s always possible that neither of their computer systems have been updated yet. We’ll check back in a few days.

Update: Second cyclist killed in Pasadena in less than a week; charges filed in Downtown L.A. death

Update: The victim has been identified as Alan Deane, a popular L.A. cyclist and musician; tragically, he died on his 61st birthday. There will be a memorial ride in his honor on Sunday the 25th, starting at 6 pm at Pasadena Memorial Park; a ghost bike will be installed at the site of the collision.

Update 2: the Glendale Noon Concerts wrote the following about Alan on Facebook:

The October 5th concert will be dedicated to the memory of Alan Deane, musician and devoted friend of the Glendale Noon Concerts, who passed away yesterday, September 22nd, his birthday. In his long career, Alan had been guitarist/vocalist for the Captain & Tennille, the Grass Roots, Johnny Rivers and countless television and film projects. He was also an actor and green transport activist.

Thanks to Vincent Chang for the link.

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This has been a bad week for Pasadena bicyclists.

Just days after Jocelyn Young was killed in an alleged drunken hit-and-run after falling off her bike, news came today that another bike rider has died on the streets of Pasadena.

According to the Pasadena Star-News, the 61-year old Los Angeles resident, who has not yet been publicly identified, was riding east on the sidewalk bordering Colorado Boulevard when he entered the crosswalk at Terrace Drive at 6:13 pm Thursday.

He was hit by car driven by an unidentified 19-year old Pasadena man who was making a left onto Terrace Drive from the opposite direction on Colorado Blvd. The victim was taken to Huntington Memorial Hospital, where he died of his injuries.

Unlike the earlier case, in which Nicholas Avila allegedly fled the scene after running over Young, the driver remained at the scene. And not surprisingly, was uninjured in the collision.

The Star-News reports that the victim was not wearing a helmet; whether that could have made any difference remains to be determined.

The case is still under investigation; however, state law is unclear on whether it’s legal to ride a bike in a crosswalk.

A recent attempt to clarify the matter failed when the state legislature passed a law allowing bicyclists to ride along a crosswalk. It’s unclear, though, whether that means cyclists can ride in the crosswalk or next to it; the state Attorney General’s office has declined to clarify the matter despite repeated requests.

This is the 52nd confirmed bike-related traffic fatality in southern California this year, and the 18th in the Los Angeles area. It’s also just the 2nd cycling death in SoCal this month.

But even one is one too many.

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In another case, LAPD Sgt. David Krumer reports that charges have been filled in the death of a cyclist in Downtown Los Angeles last July.

This is the case in which the rider was initially reported to be collateral damage in a road rage dispute between two drivers; however, the road rage angle was quickly dropped by police investigators for lack of supporting evidence.

The driver, who has not been publicly identified, will face a charge of vehicular manslaughter. Sgt. Krumer identifies the applicable section of the penal code as section 192(c)2:

192.  Manslaughter is the unlawful killing of a human being without malice.

(c) Vehicular–

(2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.

I’m still working on getting the name of the victim, as well as that of the driver; while the victim’s Central American family has been notified, he has not yet been publicly identified.

No felony charges for Jeffrey Ray Adams, Venice NC approves Main Street road diet

Cyclist and attorney Dj Wheels reports that the D.A. has declined to file criminal charges again Jeffrey Ray Adams, and referred the case to the Santa Monica City Attorney.

Adams is the driver who allegedly intentionally collided with a cyclist in Santa Monica last month, then ranted about it on video, threatening the rider, witnesses and everyone within earshot.

To be honest, I’m not surprised.

While his behavior was outrageous, the rider’s injuries don’t support a felony filing under California law, which pretty much requires the loss of a major body part before any crime involving a moving motor vehicle is taken seriously.

And the rider didn’t help himself by sending an angry email to a number of local officials demanding justice just hours after the incident.

If the D.A.’s office saw that — and there’s every reason to believe they did — it could have played a significant role in their decision not to file.

Don’t misunderstand.

Adams’ actions were incredibly stupid, dangerous and offensive, and — in my personal opinion, anyway — should prevent him from ever operating a motor vehicle again. And if the law was better written, he’d be facing considerable jail time.

But felony charges were never likely in this case.

So now it’s up to Santa Monica City Attorney Marsha Jones Moutrie to provide some semblance of justice.

And get a dangerous driver off the streets before his aim improves and he kills someone next time.

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The Venice Neighborhood Council voted Tuesday to support the Main Street road diet and bike lanes after receiving support from cyclists and local residents — though not everyone agreed.

And in a pleasant change, the VNC asked LADOT to come back with more suggestions to make the plan safer for cyclists and pedestrians — unlike the recent controversy over the Valley’s Wilbur Ave road diet, where the “compromise” ended up making the bike lanes significantly more dangerous for riders.

LADOT opened the meeting by revising the plan to add 6” to each bike lane, taking the space from the center turn lane, after complaints that the lanes would place riders in the door zone.

Eric Weinstein reported from the meeting:

I think it was the community support for this project that carried the day. The VNC stayed late into the night to resolve and vote this project – you could see them getting tired of endless debate. The big majority voted for. Kudos to the chair (and the parliamentarian) for getting this voted. Should be striped and signed within a month or so. A very long process for some more lanes connecting Santa Monica to Windward Circle!

It’s not perfect.

But as someone who regularly rides both the pre-road diet L.A. and post-road diet SaMo sections of Main Street, I can tell you the much-derided Santa Monica section is much safer and more pleasant to ride, even if it could use improvement.

Hopefully, we can look forward to something better down the road.

But this should be a lot better than what we have now, for cyclists and pedestrians.

And drivers, too.

And on a related note, the LACBC’s Colin Bogart reports that the Burbank City Council voted to keep the bike lanes on Verdugo Avenue, by a vote of 3 – 2.

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The seriously anti-bike L.A. Weekly goes out of their way to take yet another needless slam at L.A. cyclists in an article trash found on the beach during Coastal Cleanup Day, as Simone Wilson writes:

• “Condoms all over the place,” according to the Times. Nothing new, says King. As common as plastic horses and bike kickstands. (Not so green now, are we, Team Bike!)

That might be a valid comment if cyclists were in the habit of throwing parts of their bikes into the ocean.

The Weekly somehow ignores the possibility that a bike kickstand might end up on the beach after a bike was stolen and dismantled for parts. Or that one of their own readers got riled up by the paper’s bike baiting and ran a rider down on the bike path, strewing parts everywhere.

No less likely than their implication.

Most likely, however, kickstands and other parts can simply fall off poorly maintained bikes as they ride down — wait for it — the bike path.

You know, the one that goes right along the beach.

Yeah, that could never happen, any more than you might find car parts along a highway.

Seriously, we had higher journalistic standards when I ran my high school paper.

Thanks to Kim for the heads-up.

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If you missed the first public session of the Dutch-sponsored ThinkBike this morning, you can still sign up for the closing session on Friday afternoon, followed by an after party at the new Angel City Brewing Downtown.

Richard Risemberg writes about riding with the Dutch experts on their way from LAX to Downtown on Wednesday.

Yes, they rode in. From the airport.

Doesn’t look like I’ll be able to make any of it, since the Royal Netherlands Embassy neglected to check with my wife’s plans for her vacation before scheduling the workshop, but twitter users can follow along at #ThinkBikeLA.

And despite attacks on cyclists from some misguided quarters, places with lots of cyclists — like the Netherlands, for instance — are safer for pedestrians, as well.

Then again, like some local weeklies we could name, the NY Daily News seldom seems to let the facts get in the way of a good story.

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Inspiring thoughts on what L.A. can learn from NYC. Help set the statewide biking agenda for 2012 in Downtown L.A. A ghost bike is planted in Pasadena for hit-and-run victim Jocelyn Young. Like the rest of the city, the Beverly Hills Whole Foods fails the bike-friendly test. The Source says we could soon see a few Bikestations in L.A.; maybe Beverly Hills could put one in to make up for everything else bike-related they lack. The Claremont Cyclist offers his usual great photos of last weekend’s ‘Cross at the Cornfield, and suggests if you can’t hear with your earbuds in, maybe you should take them out. Ashley Tisdale bikes Toluca Lake with a flat fat tire. The Long Beach Gazette says it’s time to prove the bike-friendly city’s bike plan is working. L.A. County offers a $10,000 reward in the killing of Pablo Ortiz, gunned down while riding his bike in Long Beach.

Corona del Mar’s cdmCylclist takes time out from bike touring the Erie Canal to visit the Baseball Hall of Fame. A San Diego area cyclist is seriously injured after apparently turning left in front of oncoming traffic — always wait until traffic is clear before turning, and watch out for speeders; thanks to Steve Herbert for the heads-up. Some good looking bike lanes make their appearance at San Diego State University; maybe that’s what USC needs. Bike San Diego reports that former NPR host Tom Fudge got back on a bike for the first time since he was injured in a cycling collision four years ago; by the way, if you’re not reading BSD, you’re missing some of the best bike coverage south of L.A. If you left your bike at Burning Man, maybe you can spot it here. San Francisco considers allowing bikes in commercial buildings to deter theft.

Consumer Reports says even celluloid cyclists should wear helmets. When a 20 minute-car trip can be replaced with a 10-minute bike ride, bicycling becomes the obvious choice. Turns out if you right hook a cyclist in Tucson, it’s the cyclist’s fault. Seriously. Not surprisingly, Portland developers cater to a two-wheeled clientele; thanks to George Wolfberg for the heads-up. A Seattle cyclist writes about having his life threatened by a laughing truck driver in an apparently deliberate assault. Licensing bikes is impractical, according to a Seattle radio host. A Sioux Falls driver gets a whopping 100 days in jail after mixing prescription meds and alcohol before blacking out and killing a cyclist; yeah, that’ll certainly send a message that it’s okay to get high and kill people. A Packer fan downs six beers and two mixed drinks before running down a cyclist. Former U.S. 5k champ Henry Dennis is killed when his bike is hit from behind by a drunk driver in Wisconsin; sounds like that state may have a drinking and driving problem, then again, what state doesn’t? Looks like Chicago will be the next big city to get a bike share program. A Chicago cyclist takes Critical Mass to task, as well as repeatedly promoting his own book. No airhead beauty queen here, as Miss Ohio pedals 850 miles across the state to raise money and awareness for Children’s Miracle Network Hospitals. What sentence would you give a drunk driver who ran down a cyclist at 6 am on his way home from a strip club? Richmond VA will host the 2015 world road championships.

The Vancouver Sun reminds drivers to check their mirrors before opening doors; we should all send them a thank you card. Britain’s bike clubs are booming. Is it really a Cycle Superhighway if you have to get off your bike and walk it — on a barricaded sidewalk, no less? Brits debate just whose road it really is. Italian authorities implicate Lance Armstrong in paying the reputed doping doctor he claimed to stop seeing in 2004; meanwhile, Levi leaps to Quick-Step. Video of the recent European record 80 mph bike ride. Pot, meet kettle — the European Automobile Manufacturer’s Association claims bicycling is a luxury few can afford. Fast cyclists live longer than slow ones. So there.

Finally, the Lovely Bicycle encounters our own framebuilder Megan Dean at Interbike, and likes what she sees; then again, doesn’t everyone?

Major road rage chutzpah, Jeannie Longo breaks my heart & LA’s anti-harassment ordinance spreads east

In an unbelievable display of chutzpah, the driver accused of running down a Highland Park cyclist in a road rage assault has spoken out against bikes lanes on North Figueroa.

According to the Highland Park-Mount Washington Patch, Louis Mraz used a recent meeting of the Mt. Washington Homeowners’ Alliance to warn that efforts by the recently formed Figueroa for All initiative could return the street to a single lane for cars and one for bikes, like it was in the ‘40s when the Red Cars reduced vehicular traffic to one lane in each direction.

Like that would be a bad thing.

Except for impatient road raging drivers, of course.

He went on to suggest that cyclists should be routed to less-traveled streets, warning that North Fig could soon become “jammed with bikes.”

Then again, he seems to take offense if there’s just one bike in his way. Or at least, that’s what he currently stands accused of.

Maybe it’s just me.

But I’d think that when you’re facing charges for a vehicular assault against a cyclist, it might be wise to keep any obvious anti-bike bias to yourself.

Especially if it’s not the first time you’ve been accused of a road rage attack.

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Tell me it ain’t so, Jeannie.

The legendary Jeannie Longo is under investigation for dodging dope tests, while her husband stands accused of buying EPO on her behalf.

This one just breaks my heart.

Longo is — or was — one of the greatest cyclists of all time, and certainly stands as one of the best I’ve ever had the privilege watching ride to victory. If she’s cheating, it raising the question of just how long and when she started. And casts pall on a career that’s lasted through parts of five decades.

And if one of the greatest riders of our time is cheating, then who isn’t?

Maybe Greg LeMond is right, and just about everyone except him is dirty. Or everyone after him, anyway.

Even teams famously dedicated to riding clean face problems, as HTC-Highroad rider Alex Rasmussen is fired from the team and suspended by Denmark’s cycling federation after missing three drug tests in 18 months.

It’s starting to look like a clean pro cyclist is about as rare a clean college football program.

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L.A.’s groundbreaking bicyclist anti-harassment could soon spread east as Washington DC considers a similar ordinance in the wake of a deliberate assault on a rider.

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Seattle’s bike-friendly mayor says it’s time to stop finding fault and start finding solutions to the city’s recent rash of bike deaths — including a rider who may have been killed by a bad bikeway design. And The Stranger says as long as cyclists are dying, if people want to think there’s a war against cars, then maybe there should be.

Meanwhile, a Seattle author takes cyclists to task for failing to share the road.

She’s got a point. But seriously, if a cyclist is pounding on your car when you’re busy taking on the phone — hands-free or otherwise — there’s a reasonable chance you may have done something to deserve it.

Just saying.

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A very positive year for L.A. cyclists — though the notoriously anti-bike L.A. Weekly bizarrely calls it ass-kissing — leads to an honorable mention from the League of American Bicyclists. New LADOT General Manager Jaime de la Vega says L.A. is committed to becoming a more bike-friendly city. L.A. will soon get its first green bike lanes on 1st Street, and the Reseda Blvd bike lanes are now complete from Roscoe to Parthenia. Joe Linton explores the new Cahuenga Blvd bike lanes, the first to reach Hollywood. The BPIT agenda for October is officially unveiled. Bikerowave will host a swap meet on Sunday, October 2nd. Check out the shiny new CicLAvia website. Long Beach gets a new bike station. Thousand Oaks passes on hosting next year’s Amgen Tour of California. A mountain biker is killed by a train while riding on the tracks in Redding. A bike-riding Santa Cruz bank robber faces sentencing after pleading no contest; something tells me he’ll serve a lot more time for stealing money on a bike than most drivers get for killing someone on one. In a case that didn’t smell right from the beginning, CHP reverses itself to rule that a Los Altos Hills cyclist wasn’t responsible for the collision that killed her after all.

After beating back a challenge to bike funding in the federal transportation bill, Senate Majority leader Harry Reid says biking facilities are absolutely important. Defending Olympic time trial champion Kristin Armstrong is replaced by Amber Neben on the U.S squad for the World Championships. A Dutch student becomes the world’s second fastest cyclist at 82.81 miles per hour in a Nevada desert. Cyclists take to Boulder CO’s new 40-acre off-road bike park. The New York Times says don’t forget to pack your folding bike when you travel, while the bike wars continue in the letters to the Times; heads-up courtesy of George Wolfberg. NYC chooses Alta to run its bike share program. A Maryland woman becomes an unintended bike activist after a motorist is fined $507.50 for killing her bike-riding husband.

Mexico City cyclists ride to reclaim their streets following threats from a journalist. Brazil plans to devote 15% of all traffic fines to promote cycling. A Canadian writer concludes that law-flouting kamikaze bikers have declared war on pedestrians. A UK cyclist suffers a broken collarbone after being intentionally rammed in a road rage incident, while Sussex cyclists are being pelted with eggs. Pink Floyd’s David Gilmour has to tear down his beachfront bike hut. Surrey police target inconsiderate cyclists with a possible £1000 fine; link courtesy of Bob Davis. Bikes will soon be allowed on a Yorkshire pathway for the first time in 150 years. Hugh Jackman rides a Brompton. Sleek, sturdy wooden bikes that actually ride like, well, bikes. The NY Times swears Copenhagen pedestrians feel squeezed out by the city’s cyclists. Cyclists and drivers fight for supremacy on German roadways; Dave Moulton asks when cyclists in bike-friendly countries cross the line to become unfriendly to everyone else on the road. A Queensland cyclist remains unidentified after a fatal cycling collision — which is why you should always carry ID when you ride. China is falling back in love with the bicycle.

Finally, in case you missed it, an Orange County driver takes a short cut directly through Mission Viejo’s Rock N’ Road Cyclery. And Der Spiegel says L.A., here I come. No idea what it says, but the pictures are nice; thanks to Dr. Michael Cahn for the link.

An open letter to California Governor Jerry Brown in support of SB 910, the 3feet2pass bill

Dear Governor Brown,

I am writing to urge you to sign SB 910 to require motorists to give at least three feet of clearance when passing a person on a bicycle.

As a long-time bicyclist, I have ridden a bike on the streets and highways of California for nearly 25 years; over 130,000 miles by a conservative estimate. Yet there has not been one moment in all those miles that have I been free of the fear of being sideswiped or hit from behind by a driver attempting to pass too close, or being run off the road — intentionally or otherwise — by a driver interpreting the current requirement to pass at a safe distance as anything short of actual contact with a bike rider.

Anyone who has ever ridden a bike on our streets knows the dangers posed by being passed too closely. A rider can lose control after being startled to find a speeding car just inches away or swerve to get away from it; both can potentially result in serious, even fatal, accidents, without the vehicle ever coming in contact with the rider. Bike riders can be boxed in by passing cars and forced into parked cars, open doors or other objects, edged off the road or even knocked off their bikes by the slipstream of a large vehicle zooming past.

Serious collisions can also result when cyclists are forced to swerve to avoid potholes, broken glass or other obstacles in the road, only to find themselves in the path of an oncoming vehicle with potentially disastrous results.

At one time or another, all of those things have happened to me as I rode my bike in an otherwise safe and legal manner. It’s only through a combination of luck and the skills developed over a lifetime of bicycling that I am here today.

You have the power to take that danger away. By signing SB 910, you can ensure that California drivers understand just what a safe passing distance is when passing a bicyclist. And replace the current vague and misunderstood standard with one that is clear, easy to understand and enforceable, with no cost to the state.

I beg you to sign SB 910. My life, and the life of millions of California bicyclists, is in your hands.

Sincerely,

Ted Rogers
bikinginla.com

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This is my letter.

Now the governor needs to hear from you.

There are powerful forces that oppose this commonsense legislation to make our streets safer for California cyclists. And it will take all of us joined together in support of SB 910, the 3feet2pass pass bill, to make sure he hears our voices.

You can write your own letter and email it to the California Bicycle Coalition to forward to the governor, or fax it to the governor’s office at 916/558-3177. Or simply go here and fill in your personal information to send a pre-formatted email containing all the key points, along with your personal comments, in just seconds.

Don’t wait.

Send your letter in support of SB 910 today. Now, in fact.

And make your voice heard for safer streets for all of us.

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One other quick note — I received the following announcement from Eric Weinstein about Friday’s Park(ing) Day:

Santa Monica is getting a new park. For Park(ing) day tomorrow ( Friday ) SPOKE is setting up a temporary park in front of Swingers cafe on Broadway where it intersects Lincoln. Starts at 9AM or so – come on by and park! More info: www.parkingday.org

Three years for Swarzman killer, help shape L.A. cycling policy & the L.A. Weekly continues its anti-bike crusade

And just like that, it’s over.

Joseph Ricardo Fernandez was sentenced to three years in state prison today for the hit-and-run death of Encino ultra-distance cyclist Jim Swarzman last April.

As you may recall, Swarzman was riding along Highway 101 in the Leucadia neighborhood of Encinitas with his fiancé and another man when he was hit by a truck driven by Fernandez.

Actually, hit is a mild term; his fiancé, Nicole Honda described the collision as an explosion as she watched Swarzman fly past her through the air, while the driver continued down the highway without even slowing down.

Fernandez turned himself in a day later, reportedly telling police investigators he thought he might have hit something over the weekend.

Though how you manage to hit someone with that much force without knowing it will forever be beyond me.

After Fernandez waived his right to a jury trial, he was convicted of felony hit-and-run causing death in a two-day bench trial conducted by Vista Judge K. Michael Kirkman, facing a possible four years in prison.

Instead, he got three.

Three years for plowing down another human being and leaving him in the street to die.

Oh wait.

Although I suppose we should be grateful the Fernandez got any time at all. I’m glad he was sentenced for his crime, even if he did get less than the maximum sentence.

But this is one time when the time does not fit the crime. Maybe now that the trial is over, we can finally find out why Fernandez only faced charges for hit-and-run, rather than being charged with actually causing Swarzman’s death.

And if the rumors are true about the judge blaming Jim Swarzman for improper lane positioning, in what would seem to be a basic misunderstanding of bike law.

Update: San Diego’s 10News reports that Fernandez was sentenced to just two years in prison, rather than three. No explanation yet on the discrepancy.

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If you’re not doing anything tonight, drop by the Pitfire Pizza at 108 W. 2nd Street in Downtown Los Angeles at 7pm. And help set the agenda for cycling in the City of Angels.

Because, as of this month, I’m taking over for Stephen Villavaso as Chair of the LACBC’s Planning Committee.

Don’t get me wrong.

Stephen’s done a great job in chairing the committee. Quite frankly, I would be just as happy, if not happier, if he’d been able to continue in the role. And I want to thank him for all the hard work he’s done as Chair, and hope he’ll continue to offer his invaluable insights as a member of the Planning Committee.

However, any change in leadership provides an ideal opportunity to rethink the role of the committee, as well as the projects and policies we want to pursue.

As a result, the primary topic of this month’s meeting will be a discussion of exactly what the Planning Committee is, and what you’d like to see come under its heading. I hope to conclude the meeting with a clear agreement on the role and future direction of this committee.

In addition, I’d like to begin a discussion of the programs and policies we want to support on a state and local level. This doesn’t have to be limited to anything that is currently under discussion within the LACBC or anywhere else. Use your imagination to come up with solutions that could make bicycling better, safer and/or more enjoyable for bike riders in California, L.A. County, or in your own neighborhood and the areas you ride.

I have my own ideas. But I really want to hear your thoughts as we shape an agenda for the months to come.

I’d like to personally invite everyone to attend. You don’t have to be a member of the Planning committee, or even a member of the LACBC. If you ride a bike in Southern California, or care about those who do, we want to hear from you.

Because the more voices we hear from, the better our work will reflect the attitudes and desires of the local riding community.

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Note to Dennis Romero of the L.A. Weekly:

You didn’t encounter a shitstorm of criticism because you expressed your opinion about L.A.’s bicyclist anti-harassment ordinance. You were deservedly taken to task because you blatantly misrepresented the new law.

And continue to do so.

Attorney Bill Blum may or may not make some valid points in his Op-Ed in the L.A. Daily News — though you’d think any lawyer worth his salt would know that neither drivers or cyclists are a protected class under the Equal Protection Clause.

Let alone that the laws regarding cyclists and drivers are not, and were never intended to be, symmetrical in their application to each. The courts have long accepted that drivers can be required to have a license —which can be taken away — because of the threat their vehicles pose to everyone else on the streets. On the other hand, cyclists don’t require a license precisely because we pose so little risk to those around us.

So much for the courts requiring that both be treated equally.

Yes, we may piss you off.

But the biggest risk most drivers face from cyclists is that we may get a little blood on your paint when you run us over.

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I’m facing a busy work load this week — the first time in months I’ve had as much, if not more, paying work on my plate as I can handle. So let me offer my apologies in advance if I don’t manage to post as much or as often as usual.

Besides, I’ve got a committee to chair.

On the other hand, that makes it a perfect opportunity to submit a guest post of your own. So if you have anything you’d like to say on any subject directly or indirectly related to bicycling, just drop me a line at bikinginla at hotmail dot com. Whether you agree with me or not.

And yes, that includes Mr. Romero.

Haute couture cycling, Gov. Brown vetoes distracted driving/biking bill, GOP tried to gut bike spending

Biking goes haute couture; I discovered this bike in the Fendi store on Rodeo Drive during Thursday's Fashion's Night Out.

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Go ahead and text while you ride.

Remarkably, Governor Brown vetoes a measure that would have increased fines for the nearly universally ignored law banning the use of handheld cell phones, as well as banning handheld use while biking.

According to the North County Times,

Brown explained his decision to kill the bill on Wednesday in a brief letter: “I am returning Senate Bill 28 without my signature. I certainly support discouraging cell phone use while driving a car, but not ratcheting up the penalties as prescribed by this bill.

“For ordinary people, current fines and penalty assessments should be sufficient deterrent.”

I think the governor needs to get out of the office more. By my count — and yes, I have counted — anywhere from 25% to 50% of drivers appear to be using a handheld phone at any given time.

Brown vetoed a very good and very needed, law. Which doesn’t give me a lot of confidence regarding his support of the newly passed three-foot passing law.

However, it seems the legislature may try to override his veto. Maybe that’s something the GOP members can get behind, if only to embarrass our Democratic governor.

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The League of American Bicyclists begins the I Bike I Vote campaign to save federal funding for cycling projects from a GOP-led effort to eliminate all Transportation Enhancements. You’re urged to contact your Senator today; you can download your own IBIV graphic here.

Hopefully they can resist the right’s mad dash rush to return to the transportation policies of the 1950s.

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Another two bike thieves are behind bars; the Santa Monica Mirror shows a little levity in describing the situation police found when they were called to the Santa Monica Place mall.

When they arrived at the scene the officers spoke with the security personnel who told them that they had observed two men who had been using bolt cutters to cut bicycle locks.

This sparked the interest of the security personnel because they evidently knew that typically owners of bicycles do not do this.

Then again, make that three bike thieves.

……..

This is why you always see a doctor after a cycling collision.

A Memphis cyclist dies after riding home following a collision and telling his girlfriend not to call for medical help; charges won’t be filed against the driver who tried to render aid but was chased off by the rider.

If someone ever asks if you want an ambulance following a collision, the answer is yes. Insurance should pay for it — yours or the drivers; regardless, your life is worth it.

If I’d followed my instincts and ridden home after the Infamous Beachfront Bee Encounter, I probably wouldn’t be here today. Fortunately, the EMTs insisted I go to the ER, where they found a massive hematoma on my hip that could have bled out if I’d tried to ride home.

And yes, I’m grateful as hell.

……..

Streetsblog says the 7th Street bike lanes are now officially open; LACBC offers photos of the press conference. The Times seems amazed that a car lane on 7th is removed in favor of bikes, while KPCC asks if the city is doing what it should to support cyclists and bikeways. And Dave Moulton uses the road diet as an example to ask if more lanes really move more traffic.

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The L.A. firefighters biking across the country to honor victims of 9/11 should have arrived Friday. How about Safe Routes to Universities, too? Nate Baird clarifies LADOT’s confusing stats on bikeway installation. L.A. Eastside visits the new bike lanes on 1st Street in Boyle Heights. Bike friendly City Council President Eric Garcetti announces his candidacy for mayor. The Times looks at the Bicycle Film Festival on now; Flying Pigeon will be there with select children’s and cargo bikes available at a discount. Rick Risemberg says it’s time for Beverly Hills to reach beyond the low-hanging fruit. Beverly Hills Patch looks at last week’s meeting to make the city more bike friendly, which could start with bike parking if they’d stop saying no. Why the beachfront bike path is named after Marvin Braude. Slow progress for cyclists and pedestrians in Malibu. Santa Monica lays out an ambitious implementation plan to become a bike friendly city. Streetsblog examines the unique arrangement that resulted in Glendale’s Safe and Healthy Streets program, including the planned Riverdale-Maple Greenway. A bike-riding gunman robs  a Glendale woman. A Glendora cyclist suffers life-threatening injuries when he’s hit by a car; no other details are currently available. KPCC offers a great video of cycling the Angeles Crest Highway. Long Beach’s biking expats discuss trading Long Haul Truckers to tour by Brompton.

Thousand Oaks cyclists ride to raise money for the Make-A-Wish Foundation. A Santa Maria cyclist is stabbed in a robbery attempt. Santa Paula cyclists are about to get a new three-mile bike trail. Chico State students protest police citations for illegal bike parking at the same time bike racks are being removed. A Bakersfield teenager is critically injured after being hit by two cars while riding in the wrong direction. Tahoe cyclists are identified as a “major problem” because they’re the victims of a large part of injury collisions; next, South Tahoe police will target local deer because they keep getting shot by hunters. The cyclist nearly killed in a collision during last year’s Sonoma County Gran Fondo is nearly ready to ride again, almost a year later.

Help Kickstart A Day in the Life with Vegan Athletes. Urbana’s industrial-strength rear rack is now available for all cyclists. A writer for the New York Times considers the lessons learned riding across the West; thanks to George Wolfberg for the heads-up. Thanks to an article in the Economist, a spotlight shines on Seattle’s hazardous conditions for cyclists. Durango CO cyclists need to observe the law; you know, so they don’t offend all those drivers who don’t, either. An Idaho driver is scared to death after hitting a cyclist who must have been right in front of him; just imagine how the rider must have felt. The Missoula cyclist found dead on the sidewalk apparently died of internal bleeding after crashing his bike and hitting his chest on the handlebars. The widow of a cyclist is forced to pay court costs as a jury blames her husband for the driver’s left cross that killed him. A Milwaukee driver claims he blacked out before his car drifted across the road to hit a salmon cyclist riding in the same direction in the wrong side of the road; police say a search warrant for cell phone use is standard procedure in such cases, which should be the case everywhere. A ghost bike is reinstalled after residents complain about its removal. Using GPS data to fill in the blanks following a crash.

Courtesy of Carlton Reid, British researchers say if you want to grow cycling, ignore existing riders and focus on people who don’t ride; interesting advice, but isn’t that how we got the crappy infrastructure we have now? A UK cyclist dies when a fly flew into his eye while riding at high speed; a tragic reminder to always wear shatter-proof glasses when you ride. A minor lapse in judgment, another dead cyclist. The problem in Copenhagen is too many cyclists. Magnesium frames make a comeback; hopefully these will withstand exposure to oxygen, which seems to be almost everywhere these days. Say it ain’t so, Jeannie — one of the greatest cyclists of all time faces a ban for dodging doping tests. The Leopard-Trek – Team RadioShack merger doesn’t seem  to be going so well. Hong Kong police start an educational campaign prior to a crackdown on scofflaw cyclists. An Indian cyclist dies in a freak collision with two motorcycles.

Finally, a UK cyclist is beaten with a hammer by a motorist for riding too slowly up a hill into the wind; a police spokesman calls it a “massive over-reaction.” And a DC cyclist is intentionally hit by a driver for the crime of riding in the street.

Evidently, human compassion sometimes skips a generation.

And I notice the L.A. Weekly’s blatant misrepresentation of the new bicycle anti-harassment ordinance is still online, and still hasn’t been corrected despite a number of people repeatedly pointing out their error. I guess journalistic integrity skips a generation, too.

Family member reacts to Tuesday’s hearing for Stephanie Segal, accused killer of cyclist Jim Laing

The Laing family; Jim is in the center, his sister Peggy is on his right

This past Wednesday, a hearing was scheduled at the Malibu Courthouse for Stephanie Segal, the driver accused of killing popular cyclist Jim Laing in a drunken hit-and-run in Agoura Hills last October.

I had planned to attend until last minute obligations kept away. However, I just received an email from Peggy Krause, older sister of Jim Laing, who filled me in on everything I missed; she graciously agreed to let me share her thoughts with you.

Hi Ted – Hope you remember me.  I am Jim Laing’s sister, Peggy Krause.

I was waiting for the hearing for Ms. Segal to take place in order to write you and that time has come. Yesterday, September 7th, was Stephanie Segal’s final Pretrial hearing before Judge Lawrence Mira in Malibu Courthouse. Thanks for keeping tabs on the status of her case in your last few newsletters. Although there were no cyclists in jerseys present at the hearing, our family is grateful for your support.

The reason for this hearing was primarily for Victim Impact Statements. My whole family wrote Victim Impact Statements and sent them to Judge Mira and we were each provided ample time to present them verbally in court to the Judge. My mother went first. I accompanied her to the podium where we were to deliver our statements, as she was too distraught to stand on her own. Stephanie Segal was, in fact, present at the hearing, with her attorney… Only a few feet away from us. My Mom started her statement with … “I loved my son from the day he was born” and wept through her entire speech, ending with a statement to Ms. Segal to the effect that she hoped someday she could do something good in her life by helping others to avoid another tragedy such as this. It was heartbreaking and the entire courtroom was visibly moved, including Judge Mira and his clerk.

Afterward, there was at least 30-45 min. of negotiations at the Judge’s bench between the Senior D.A., Ms. Segal’s attorney, and Lulu’s private (civil) attorney…heated discussions and audible objections from Lulu herself directly to the Judge. It seemed like an eternity. Counsel were so far apart on the length of time for Ms. Segal’s incarceration and Ms. Segal’s offer was vehemently unacceptable to us. That being said, the Judge declared sentencing would be postponed until October 27, 2011 at 10:00 am. By the way, Ms. Segal has NEVER changed her plea of “Not Guilty”.

Afterward, the D.A. and an independent counsel who was there in the courtroom approached our family on the courthouse steps stating that it had been a very long time since they had seen a family so gracious and dignified towards a defendant who had taken a family member’s life. They assured us that it had a profound effect on the Judge’s decision that day versus if no family had been present or made statements in court. It was an unexpectedly good feeling of relief in that justice actually may be served in this case. It was without a doubt the best thing we could have done for Jim.

I attached my Impact Statement in lieu of a statement right after Jim’s death. This case is not only about Jim, but about ALL cyclists… That this type of behavior CANNOT be tolerated. There must be a precedence set for this type of crime. As my statement sets forth, I personally will NEVER feel the same when I ride now … Always looking over my shoulder with trepidation and an abundance of caution in my heart that frankly was never there before.

I also attached a recent picture of our family: Jim’s in the center I’m in yellow shirt on Jim’s left. Thank you again, Ted. You have been invaluable to our family and to the cause of all cyclists out there.

Peggy

……..

Here’s is the Victim Impact Statement that Peggy Krause submitted to the court (click to enlarge). I hope you find it as moving as I do.

LBFD’s John Hines guilty, 3feet2pass passes and L.A. Weekly goes off the deep end

You can now remove “alleged” from any reference to John Hines.

The Long Beach Fire Captain, scion of one of the city’s leading fire fighting families, changed his plea to guilty in Orange County Superior Court on Tuesday.

He was convicted on three felony counts — driving under the influence, driving with a blood alcohol level in excess of .08, and hit-and-run, as well as sentencing enhancements for having a BAC over .20 and causing great bodily injury.

Hines will serve a 90-day diagnostic evaluation in state prison to determine whether he is suitable to serve a sentence in the state penitentiary. After his release, he will be sentenced on December 2nd at the Central Justice Center in Santa Ana; potential penalties range from probation to up to six years and eight months behind bars.

Hines reportedly spent the morning of April 1st drinking at the Schooner or Later bar in Long Beach before getting behind the wheel of his truck. Around 1:20 pm, he swerved into the bike lane on Westminster Ave in Seal Beach and plowed into the bike ridden by 47-year old Jeffrey Gordon.

Gordon was thrown over 70 feet, suffering critical injuries including severe lacerations, spinal injuries and head trauma; according to the Orange County Register, he was hospitalized for two weeks, and continues to suffer from limited physical mobility, as well as speech and memory loss.

Meanwhile, Hines fled the scene without slowing down; witnesses followed him to his home where he was arrested with a BAC of 0.24.

I have no idea why he needs to be evaluated for suitability for state prison; most inmates are simply sentenced without any say in the matter.

But we can only hope the judge imposes the maximum sentence.

Anyone who is trained to save lives, yet is so drunk and heartless as to leave a man laying broken and bleeding in the street does not deserve to walk free.

Or ever drive again.

Thanks to Rex Reese, Jim Lyle and an anonymous source for the heads-up.

……..

California cyclists may now enjoy a little cushion from passing vehicles, as the State Assembly passed SB 910, the 3feet2pass bill, by a margin of 41-20.

Do I really need to point out that 16 of the no votes came from the Republican side of the aisle, as the California GOP has swung so far to the right they feel a kneejerk need to oppose virtually everything?

However, six Republicans retained sufficient common sense to vote for the bill, while four Democrats felt California drivers still deserve the right to buzz cyclists as long as they don’t actually make contact.

What still remains to be determined is whether the dangerous exception allowing drivers to pass at less than three feet, as long as they slow to 15 miles above the speed of the ride, remained in the bill or was removed in amendments as we have been repeatedly promised.

In other words, if you were riding at 20 mph, a driver moving at up to 35 mph could pass you as close as they wanted as long at they didn’t actually hit you; yeah, good luck with that. And yes, that exception would be every bit as confusing and unenforceable as it sounds, forcing both drivers and police to guess how fast you’re riding.

And yes, it was still in the most recent draft of the law posted online on August 30th.

Let’s hope it really was removed.

Or this will be nothing but feel-good legislation that could actually make it more dangerous for California riders.

Update: Eric B and billsd wrote to correct my reading of the most recent draft of SB 910. The law has in fact been revised to remove the 15 mph passing exemption; it now allows drivers to pass at less than three feet only at speeds of 15 mph or less. Thanks to both for the correction.

……..

I’ve heard from a number of cyclists who are concerned about a rumor in the case of Joseph Fernandez, the driver convicted of killing Encino endurance cyclist Jim Swarzman.

They’re worried that judge K. Michael Kirkman may have found that Swarzman contributed to his own death though improper lane positioning by failing to ride far enough to the right. As the comment linked to above points out, that would suggest a basic misunderstanding of both state law and commonly taught safe riding practices.

As a result, I reached out to cyclist and attorney Dj Wheels, who looked into the question for me.

According to Wheels, it’s unlikely that the judge would have made a ruling like that, since it’s unrelated to the charges against Fernandez. He’s been found guilty of hit-and-run causing serious injury or death, rather than the death itself.

In other words, Fernandez was convicted of leaving the scene, not killing Swarzman — which makes where Swarzman was positioned  in the lane, and whether he contributed to his own death, irrelevant to this case.

As Wheels points out, that may be a matter that will be addressed in the civil case.

However, if anyone who was actually in the courtroom when Fernandez was found guilty has other information, please let me know.

Fernandez is scheduled to be sentenced on September 12th in San Diego Superior Court in Vista; he faces up to four years in prison, case #CN290834.

……..

Finally, did the L.A. Weekly deliberately lie about L.A.’s new cyclist anti-harassment ordinance? Or was it a case of journalistic incompetence and failure to fact check?

A blog post by Dennis Romero suggests that the new law will clog the courts with cyclists retaliating for the slightest insult.

Really. The law goes into effect today. (Ed. Actually, it was Monday, but who’s counting?) We can just imagine the court testimony:

Bicyclist: He called me an asshole.

Driver: Your honor, I would like to submit that he is an asshole, and that free speech is protected, especially when one speaks the truth.

And he concludes with a reminder abut First Amendment rights:

Added: Interestingly, we recall that court rulings over the years have held that even swearing at police is protected speech. Guess the bicycle gets more respect than the badge at L.A. City Hall.

Of course, as virtually every commenter on the story has pointed out, he is completely and totally wrong. (I particularly enjoyed the comment from local bikewear manufacturer swrve.)

Mere insults aren’t addressed by this law. In fact, as LAPD Sgt. Krumer pointed out, you can call a cyclist any damn thing you want and be perfectly within your rights. Although at this point, calling someone an L.A. Weekly reader could be particularly hurtful.

What you can’t do is threaten the life or safety of a cyclist, either through words or actions.

That’s it.

Don’t say “I’m going to kill you,” or attempt to run a rider off the road — or imply you intend to — and this law will never apply to you.

And for his suggestion in the comments that most cyclists will never read the law, so they’ll file countless worthless cases anyway, no lawyer is going to take a case unless he or she thinks they have a reasonable chance of winning.

Which means there has to be evidence and/or witnesses to support it. And even if a lawyer did take such a case, the courts wouldn’t hesitate to throw it out.

Which takes us back to the Weekly’s false and inflammatory story, which can only put cyclists at greater risk of actual harassment from angry drivers who might believe their load of crap.

So I demand — yes, demand — a complete and full retraction from the Weekly, as well as a public apology from the author.

And I hope you’ll join me in doing the same.

Thanks to Evan G. for the tip.

Be careful riding around schools, no news is very good news, and alleged Alvarado killer will face trial

School is back in session almost everywhere now.

So be especially careful riding around schools, particularly at times when parents are dropping off or picking up children. Someone passing by on a bike is likely to be the last thing they’re looking for in the mad rush to get back to their school routine.

……..

Keep your fingers crossed.

Despite seeing countless reports of cycling collisions throughout the U.S. and around the world — just a handful of which you’ll find below — I haven’t gotten any news of serious cycling incidents in the SoCal area.

I always hold my breath on three day weekends — the 4th of July was particularly bad. And sometimes, it takes a few days for news to filter in, as the press returns to work and police reports slowly leak out.

But in this case, no news really is good news.

……..

Dj Wheels reports that motions to dismiss or reduce the charges against Patrick Roraff, the teenage driver accused of killing pro cyclist Jorge Alvarado while street racing in April of last year, have been denied.

However, he still gets to travel to Texas to play soccer with his teammates, 17 months after his alleged victim was run down.

William Gladstone was right.

Meanwhile, Long Beach Fire Captain John Hines faces a preliminary hearing today in an Orange County courtroom for critically injuring a cyclist in an allegedly drunken Seal Beach hit-and-run. Maybe he’ll meet Renato Demartino, who is scheduled for a hearing today in the same courthouse; he’s accused in the Tustin hit-and-run death of cyclist Marco Acuapan last April, four months after Demartino allegedly ran him down.

I wonder what they would talk about.

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New bike lanes hit the pavement on First Street in Boyle Heights. Meanwhile, Zeke’s L.A.-based brother Dave reports that work has begun on new bike lanes on Cahuenga Blvd from Franklin to near the Hollywood Bowl; eventually, they should reach all the way to Lankershim.

But don’t hold your breath.

……..

Damien Newton wants your questions for bike lawyer Howard Krepack. The next meeting of the nearly named group to re-envision North Figueroa as a Complete Street takes place at 7 pm on Friday, September 9th at Flying Pigeon Bike Shop, 3714 North Figueroa. New signs pop up urging cyclists to share the L.A. River Bike Path with pedestrians in Elysian Valley. Santa Monica’s Ocean Park Blvd should soon be a significantly greener — and bike-friendlier — street. Santa Monica Spoke invites you to RSVP for dinner, bikes and cupcakes with Elly Blue. A driver reports hitting a bike in the HOV lane on the 10 Freeway in Baldwin Park, but no word on whether it was being ridden or just laying in the lane; we’ll hope for the latter.

HuffPo offers more than your daily dose of celebs on bikes; thanks to Rex Reese for the heads-up. Cyclists and motorists owe each other respect. According to Tucson Velo, a driver accused of hitting and killing a cyclist had previous DUI arrests; nice work keeping a dangerous driver on the streets until he finally killed someone. Tour de Fat draws 12,000 cyclists in my hometown of Fort Collins CO; it will be here on October 8th. After an Idaho boy’s new bike is stolen, replacement offers pour in. A Missoula cyclist is found dead on the sidewalk in an apparent solo collision; of course, as cyclists know but police can’t seem to figure out, you don’t have to actually hit a rider to cause a cycling collision. A Minnesota triathlete dies one month after a mountain biking accident in Colorado. A Vermont cyclist died after bypassing barriers closing a road damaged by Hurricane Irene; seriously people, when the road is closed, there may be a reason for it. A New York cyclist is killed after running a red light; that’s why you don’t do that, people. Cyclists open fire near the nation’s capitol; thanks to DC for the heads-up. A 75-year old Florida cyclist is killed by an 84-year old driver in a SMIDSY;* fortunately for the driver, failure to see your victim is the universal Get Out of Jail Free Card — especially in Florida.

Toronto Streets should be a delight, not a hospital waiting room. The Cycling Embassy of Great Britain officially takes flight; now the hard work begins. Progress is slow on London’s cycling revolution. Potholes in Sheffield UK threaten that city’s bid to host a stage of the Tour de France. Great bike art from Dublin. Instead of making the roads safer, Aussie authorities idiotically consider making hi-vis vests mandatory for all cyclists; maybe that way drivers will finally see the riders they run down. Another pro team bites the dust, as the Scheck brothers’ Leopard-Trek team merges with Team RadioShack and a bunch of riders prepare to get the boot. Investigation shows pro cyclist Riccardo Ricco gave himself a botched transfusion. A Chinese banking official is held for killing a cyclist while driving drunk.

Finally, David Hembrow reads L.A.’s new bike plan, finds it critically lacking and concludes we’re being fed a line. And the Economist says America is no place for cyclists, with a few notable exceptions.

*Sorry Mate I Didn’t See You.