Search results for bikes have rights

Just how many drunk driving deaths are one too many?

July 14, 2009 / / 5 comments

This last Saturday, Joseph Novotny of Stevenson Ranch became the latest local cyclist killed in a hit-and-run drunk driving incident. (Note that I refuse to call them “accidents.”)

It should never have happened.

According to the local Santa Clarita paper, the driver of the pickup had been reported to the police just minutes earlier after nearly sideswiping another car. After calling 911, the other driver followed him as he drifted across lanes, onto the sidewalk and the median, and into a fence.

He continued talking with the dispatcher as he followed the truck up Bouquet Canyon Road, then watched in horror as it crossed onto the other side and hit five cyclists riding on the opposite shoulder head on.

Unfortunately, sheriff’s deputies arrived just moments too late.

That wasn’t the first opportunity anyone had to stop him, though. That came in 2007, when the then 18-year old driver was first convicted of driving under the influence. Or they could have stopped him last year, after he knocked down a utility pole in another drunk driving incident.

They also might have gotten him off the streets for any of his multiple arrests for illegal drug and alcohol possession, selling tear gas and obstructing police officers.

Instead, this past Saturday he was allegedly driving drunk, with a suspended license — despite the early hour and being under-age. Now two cyclists face a long recovery from serious injuries, and another is dead, leaving behind a wife and devastated friends.

According to one of those friends, despite being a relatively new member of the Santa Clarita Velo Club — Novotny and his wife moved to the Santa Clarita area just last March after living in Minnesota and Belgium — Novotny was an experience rider and a great hill climber. In fact, he sold Novotny his first road bike over 20 years ago and they frequently rode together. Novotny had even been the best man at his wedding.

Now he’s dead because the authorities couldn’t — or simply didn’t — keep a repeat offender off the roads. And the driver is scheduled to be arraigned today on charges that may include murder, driving under the influence and hit-and-run causing death.

Since the driver was underage, it’s also possible that whoever supplied him with the alcohol and/or drugs, or sold it to him in violation of the law, could face charges if the authorities choose to pursue it.

Yet even if this young man spends the rest of his life in jail — which is a distinct possibility — it does nothing to stop the larger problem of intoxicated and/or hit-and-run drivers.

At least three L.A.–area cyclists have been killed in hit-and-run incidents by accused drunk drivers this year alone — Novotny, Jesus Castillo and Rod Armas. Add to that Patrick Shannon, who was killed by a hit-and-run driver in Orange County recently, as well as countless others who’ve survived their injuries, including local cycling leader Roadblock.

Then there are all the pedestrians and vehicle passengers who’ve been killed or injured in hit-and-run and/or drunk driving incidents this year alone, including Angels pitcher Nick Adenhart.

According to Mothers Against Drunk Drivers, in 2007 alone, an estimated 12,998 people were killed in alcohol-related motor-vehicle collisions — and an estimated 50% – 75% of drivers whose licenses get suspended will continue to drive anyway.

Newly elected councilmember Paul Koretz addressed this problem on here recently, as did his opponent David Vahedi. MADD proposes a campaign along the lines of what Vahedi suggested, including increased police enforcement as well as interlock systems that can prevent drunk drivers from starting their cars if they’ve been drinking.

Personally, I think the solution is a strict two-strike and you’re out policy.

On the first offense, the driver’s license is permanently revoked; after a period of one to two years, he or she can appear before a judge and request permission to apply for a license — but only if they’ve successfully completed a counseling program and agree to place an interlock system on any vehicle to which they have access.

Meanwhile, any vehicles registered in the driver’s name will be impounded until the license is restored, or sold to compensate any victims. And no one, anywhere, for any reason, should ever get another chance after a second violation.

Anyone caught driving after their license has been revoked should face mandatory jail time, with no possibility of early release. And any person convicted of leaving the scene of an accident should lose all driving privileges permanently, forever. Even for the first offense.

Harsh? Maybe.

But nowhere near as harsh as what Novotny’s family and friends now face.

Full disclosure — My 16-year old cousin was killed by a drunk driver when she was thrown from a car driven by her own father, who then ran over her and drove home without ever noticing she was missing. Also, one of my childhood friends was killed just before our senior year of high school when a drunk driver jumped a 20-foot wide median strip on an Interstate highway and hit his car head-on at over 70 mph. She walked away without a scratch; he and his passenger were killed instantly.

……….

The Wheelmen list all the finishers for this years Grand Tour, but there’s no mention of the two who didn’t make it, Rod Armas and his son. Am I the only one who thinks that’s shameful? Stephen Box examines the bikes on Metro controversy, while the Bus Bench takes the other side, and complains about those oppressed cyclists. Newport Beach beats L.A. to the punch on bicycle sharing. The cycling lawyer offers good advice for when tempers flare, while the other cycling lawyer notes that not one driver has been cited for violating Arizona’s three-foot passing law in Tucson this year. Two Milwaukee bike cops are struck in separate incidents. Evidently, it’s still illegal to park a bike on the sidewalk in Jacksonville. No bikes involved — thank God — but see how fast an accident can happen. Just Williams finally gets the instructions on how to fold his Ikea folding bike. Finally, a Berlin brothel offers a discount to anyone who arrives by bike.

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Summer’s here and the time is right for riding in the streets*

June 23, 2009 / / 2 comments

Last week I was a nice guy; yesterday, I was an asshole.

The difference was that the seasons officially changed, June Gloom finally ended and local schools let out for the summer. And that lead to an exponential increase in the number of people on the Santa Monica and Venice portions of the Marvin Braude bike path — the Class 1 bikeway that runs along the beach from Palos Verdes to Pacific Palisades.

And that means it’s time to ride somewhere else for awhile.

From September to May, it’s one of the most pleasant rides in Los Angeles, offering beautiful views, lots of sunshine and no worries about traffic. Even as late as last week, it was still a pleasant place to ride.

As always, pedestrians ignored the faded No Pedestrian and Bicycles Only markings, and walked wherever they wanted. But for the most part, they were considerate of other users, and vice versa, and there weren’t so many that I couldn’t easily ride around them.

As I rode, I came across a young woman who had just fallen off her bike after hitting a patch of sand.

Fortunately, she wasn’t badly hurt. If she had been, the city could have been liable, because state law requires adequate warning of any hazards along an off-road bike path. And loose sand is a common problem on the bike path, frequently resulting in falls.

She did have a large road rash abrasion on her upper hip, though. So I stopped just long enough to offer an antiseptic wipe and a large bandage from my first aid kit. She and her friends thanked me, and I continued on my way.

Yesterday was a different matter.

The upper section of the path, from Pacific Palisades down to the Santa Monica Pier, was crowded but still ridable. Closer to the pier, though, it was virtually impassible.

Large groups of pedestrians blocked it in both directions, ignoring the yellow line down the middle — as well as the markings indicating they shouldn’t be there in the first place.

Some walked their dogs along the path, allowing the leash stretch across the bikeway, which could have been dangerous to me — and fatal to the dog — if I hadn’t seen it. Skaters swerved across the path, oblivious to the presence of anyone else, let alone the warnings blocked out by the earbuds from their iPods.

And tourists raced by on rental recumbents, gawking at the sights and paying no attention to which side of the path they were on. Or whether anyone else was in their way.

In other words, it was not a pleasant ride.

However, the tipping point came when I noticed three young children, all under the age or four or five, riding their tiny bikes and tricycles with no adult supervision.

Personally, I think anyone who leaves their children alone on a crowded bike path is guilty of child endangerment. But hey, that’s just me.

As you might expect, they were all over the place, swerving from one side to the other with total unpredictability, regardless of whether anyone else was occupying that space.

I watched as other people dodged out of their way, some annoyed, others thinking it was cute. But I’ve seen people seriously injured by little kids like that, including an older man who went over his handlebars when a toddler on training wheels drifted across the center line and crashed into his bike.

So I slowed to a crawl as I passed. And concerned for their safety, as well that of those around them, I called out to them to ride carefully.

For that, I was called an asshole.

The woman who said it was part of a group of pedestrians that clogged the better part of the bike path. And she seemed unaware of the irony, as they literally stood on a No Pedestrian symbol, just feet from a separate pedestrian walkway.

Yet somehow, I was the asshole.

It was over a month ago that Steve Lopez of the Times wrote about Santa Monica’s complete lack of enforcement of its own bikeway restrictions. He quoted city officials promising that steps would soon be taken to correct the problem.

It hasn’t happened yet. And I doubt we’ll see it anytime soon.

Or in my lifetime, for that matter.

And yet, the League of American Bicyclists cited this bike path as one of the prime reasons they recently gave Santa Monica a Bronze Award as a Bicycle Friendly City. And local cyclists consider it just one of many reasons why that award was undeserved and should be revoked.

So I’ll stop riding that part of the bike path for another summer, just like I do around this time every year. And yet another bike to the area’s overcrowded streets until school is back in session and the tourist season is over.

And we can once again use it for its intended purpose.

*With apologies to Martha and the Vandellas, the Rolling Stones and Bruce Springsteen, among others.

……….

Streetsblog compares New York’s bike safety PSA with one from our own LADOT. Guess which one puts the blame on bikers? LAist reports the TransoComm will once again take up cycling issues tomorrow, and swears Alta Planning and the LAPD may actually show up this time. A local cyclist relates his recent ride up Mt. Baldy. Bicycle Fixation discusses a recent encounter with a false cycling prophet. LACyclist wrenches his way through C.R.A.N.K. Mob. Speaking of wrenching, Flying Pigeon encounters a rare Shanghai Forever. The governor of Texas decides cyclists don’t need to be safe in his state. The 91 year-old hit-and-run driver who injured 10 Arizona cyclists, leaving one with severe brain damage, gets three years probation — and sues the county for damages the next day. Opus analyzes the cost of wear and tear on the roads for bikes compared to cars and trucks, and Bob Mionske makes the case for cycling insurance. The next phase in Google Maps’ Streetviews is being done by tricycle. Finally, more uncoverage of the World Naked Bike Ride, as cyclists in London and Seattle celebrate the solstice.

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At the BAC, good things come to those who wait

June 3, 2009 / / Comments Off on At the BAC, good things come to those who wait

Eighty percent of success is just showing up.

— Woody Allen

Sometimes, it seems like the other 20% involves just sticking around long enough. At least, that’s how it seemed last night, at the meeting of the city’s Bike Advisory Committee.

Other than the council members themselves, there was only a small turnout — most of whom were there to discuss the many failings of the Bicycle Master Plan. And most of whom left — some in anger and frustration — once the committee turned to more mundane matters.

It wasn’t like I didn’t have anything to say on that subject. But after hearing all the other comments on the subject — and the DOT’s representative swearing she didn’t know anything about it — I didn’t think they really needed my two cents.

Besides, considering the state of the economy these days, that may be my retirement fund.

I was actually more interested in one of the last items on the agenda — a motion from the council that had been submitted in the aftermath of the recent Hummer incident, and eventually signed by six of the 18 council members:

Numerous incidents have been reported relative to bicycle and vehicle collisions and aggressive motorists (sic) attitudes to law-abiding people riding bicycles. Complaints have also been raised regarding the treatment of bicyclists by the Los Angeles Police Department. It is critical that the City respond to these situations and respond appropriately.

I THEREFORE MOVE that the City Council direct the Los Angeles Police Department to report on recent bicycle incidents and conflicts between bicyclists and motorists, as well as efforts to increase police officer training related to bicycling activities and applicable regulations and laws.

It was the last part in particular that interested me. Especially since LAPD had already found itself blameless in the Hummer incident.

When the time came, I spoke in support of the resolution, pointing out that it wasn’t just a problem here in L.A. Cyclists nationwide have complained about police officers who are unfamiliar with the laws regarding bicycling and the rights of cyclists, as well as institutional bias against cyclists — or in favor of motorists, depending on your perspective.

Then I pointed out that Massachusetts recently became the first state to require that police officers receive specialized training in bike law, as part of their new Bike Safety Law. And asked why that curriculum couldn’t be adapted for use in training officers at our own police academy.

Evidently, the committee members agreed. They voted unanimously to endorse the resolution, and to put the MassBike program on the agenda for the next committee meeting in July.

Afterwards, I emailed a link to the MassBike site to 4th Council District representative Larry Hoffman, who forwarded it to the rest of the BAC, as well as the mayor.

So, a small victory. But a victory none the less.

And one worth sticking around for.

 

If you’re missing a bike on the Westside, the police may have found it in a Venice Garage. Alex Thompson joins the chorus condemning Santa Monica’s bronze award from the League of American Bicyclists. Matt joins in on the other chorus, complaining about the failure of the new Bike Master Plan. Stephen Box questions why LADOT’s redundant bike map business stimulates the economies of Portland and Seattle, while Timur examines the maps that currently exist — and there are more than you might think (good to see you back!). Bike Girl wonders where you keep your bike(s). A writer for the Times rides the L.A. River bike path, evidently holding his nose the whole way. Even Iowa cyclists get sharrows; maybe LADOT can ask them what kind of paint they use so we can get some here. Bicycling’s biking lawyer examines whether cycling is a privilege or a right. And finally, just wait until Rush Limbaugh hears about this — Bike Portland outs the new SCOTUS nominee as a closet cyclist.

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An open letter to the Mar Vista Community Council

May 12, 2009 / / One comment

Tonight the Mar Vista Community Council will consider endorsing the Cyclists’ Bill of Rights, which has already been adopted by the L.A. City Council and a number of community councils throughout Los Angeles. Appropriately, this bill is being considered during Bike to Work Week, yet it has met some resistance in committee, with some people suggesting that bikes belong on the sidewalk and others saying cyclists should ride in bike lanes or next to cars in parking lanes.

I encourage you to go and speak in support of the bill if you can. Unfortunately, while I’d like to be there, prior commitments will keep me away. As a result, I’m writing the following letter, and will ask someone to deliver it to the council members for me.

Just two months ago, my wife and I were stopped at the intersection of Palms and Sawtelle Boulevards — at the edge of this very park — when her car was struck by a hit and run driver, suffering over $5000 in damage.

Fortunately, we weren’t seriously injured, since we had over 2,000 pounds of steel sand safety equipment to protect us.

If we had been on bicycles at the time, we probably would have been killed.

Some people would see that as an argument for why bikes don’t belong on the streets. They ask why cyclists can’t ride on the sidewalks, in bike lanes or within the parking lane. After all, in the event of a collision, the cyclist will inevitably lose — regardless of who is at fault.

Yet that sort of “blame the victim” mentality puts the entire burden of safety on the cyclist, rather than on the operator of the more dangerous vehicle — which is exactly what a car is. Motor vehicle accidents kill over 40,000 people in the U.S. each year. The number of those killed by bicycles is close to zero; the number killed by cars, trucks and motorcycles approaches 100%.

So the solution is not to remove bicycles from the street, but to insist that all drivers operate their vehicles in a safe and legal manner.

While riding on the sidewalk is legal in Los Angeles, in most of the other cities in the L.A. area, it is not. On many sidewalks, the pavement is broken and uneven, making it dangerous for pedestrians and cyclists alike. At the same time, most are too narrow to safely accommodate both cyclists and pedestrians; ask any pedestrian if they want bikes whizzing past with little or no warning.

At the same time, sidewalks are inherently dangerous for bicyclists. Aside from the inevitable conflicts with pedestrians, riding on a sidewalk requires the cyclist to cross the street at the end of each block, directly into the path of any drivers making a right turn or approaching from the cross street.

Most drivers look for bikes on the street; they don’t expect to see them dart out unexpectedly from sidewalks, where they can be hidden by plants or other objects. So rather than making bicyclists safer, riding on the sidewalk dramatically increases the risk of a serious accident.

As for bike lanes, the current system of biking infrastructure in the city is woefully inadequate — just one of the things the Cyclists’ Bill of Rights was written to address.

I challenge anyone to create a route from Mar Vista to Downtown — or virtually anywhere else — using only designated Class 1, 2 or 3 bikeways (off-road trails, on-road bike lanes or unmarked bike routes). And many of the Class 3 bike routes are actually among the most dangerous places to ride, such as the one along Pico Boulevard between Sepulveda and Overland.

While the parking lane would seem to be a safe place to ride, since it removes the cyclist from the driving lane, it is actually a very dangerous place for cyclists.

Too many drivers fail to adequately check their mirrors and blind spots before pulling out of a parking space, failing to see cyclists who could be hit by their cars or forced into traffic to avoid a collision.

An even greater hazard comes from drivers who carelessly open their doors without looking. Known as “dooring” by cyclists, this can cause a bicyclist to collide with the door, often resulting in serious injuries, or if the door strikes a rider, it can knock him or her over — directly into the path of oncoming traffic. Even a near miss can result in a serious accident by forcing riders to suddenly swerve into traffic, greatly increasing the risk of a collision.

State law already guarantees cyclists a place on the roadway, wisely leaving it up to the rider to determine exactly where and how to position themselves for maximum safety.

In fact, there is nothing in the Cyclists’ Bill of Rights which is not already taken for granted by other road users, from the right to travel safely and free from fear, to law enforcement aware of all applicable rights and regulations, and a place to park at the end of the journey. All it does is guarantee to cyclists the same privileges and conditions any driver would expect, and the same rights any citizen of this country is entitled to.

I urge you to support safe, free and fair bicycling in Los Angeles, and endorse the Cyclists’ Bill of Rights.

Sincerely,

Ted Rogers

Catching up on last week’s reading: Will Campbell channels his inner Dashiell Hammet to invent the new literary category of Bike Noir, while a novelist in Scotland discovers there is such a thing as bad weather; she also notes a new, slim volume of bike poetry. An Eastside cyclist wonders why he still gets harassed when he’s less of a problem than Critical Mass or the Ridazz. Damien Newton discovers that sometimes a bike lane is just paint on the street. Texas considers a safe passing bill. The Xtracycle moves up the coast to my neighborhood. Esquire notes the possible end of car culture, while Bicycle Fixation observes the rising tide of cyclists; even bank robbers prefer bikes these days. LA Eastside offers recent photos of the Ghost Bike for Jesus Castillo. Finally, in case you missed the links in last weeks rant about Santa Monica’s new designation as a Bike Friendly City, Russ Roca tells a tale in five parts of being ticketed for riding safely — and legally — in similarly bike friendly Long Beach, here, here, here, here and yes, here.

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L.A. Council District 5 — David Vahedi

May 9, 2009 / / One comment

As I noted recently, I was approached by representatives for both of the candidates in the May 19 runoff election for L.A.’s 5th Council District, each of whom offered to discuss bicycling and transportation issues here. As a result, I sent each candidate a list of five questions.

Here is the response from David Vahedi, current Board Member of the Westwood South of Santa Monica Homeowners Association and a co-founder of the Westside Neighborhood Council, as well as pro-bono attorney for Friends of Animals and other rescue organizations. He is also well-versed in bicycle law, having represented cyclists in a number of important cases, and is a life-long resident of the 5th District. I’ll repost this on the CD5/SD26 page above and keep it there through the election on May 19th.

David Vahedi

vahedi-small1A bicyclist was killed by an intoxicated hit-and-run driver in Echo Park recently, the latest in a string of hit-and run incidents. What can be done on the city level to reduce the rate of both drunk driving and hit-and-runs? And what can be done to improve safety for bicyclists and pedestrians?

Injuries and deaths caused by drunk drivers are not only senseless, but absolutely maddening. For the last 30 years, while the public has demanded tougher sanctions for drunk driving, the alcohol lobby has used campaign contributions to water down enforcement. A perfect example is the current proposal by an Assemblyman to require breathalyzer ignition locks installed on convicted drunk drivers vehicles. After more political contributions and pressure he has capitulated and the bill is now only for a pilot program in four counties.  

More germane to Los Angeles is the fact that we are the most under policed city in the nation. For the last 15 years we have talked about a 10,000 member police force, but are only finally reaching the milestone later this year if the city council shows back bone and supports the Mayor’s goal. 

While we should have 15,000 officers to be at parity with New York, Chicago, and other major cities per capita, we just lagging behind. Most frustrating to me is the fact that just a 2.2% shift in the general fund budget of LA would pay to hire an additional 1,000 officers. I cannot believe we cannot find and cut 2.2% of inefficiency to make this happen.

If you want to cut down on drunk driving and hit and runs you need the cops on the street to make it happen. More importantly, as I wrote during the primary, educated cops on the Cyclists’ Bill of Rights and enforcement of laws to protect cyclists will start us in the right direction.

Finally, I am very proud that my neighborhood council was able to raise $5,000.00 to purchase 5 police bicycles for the WLA Division. These bike officers have been seeing first hand and citing vehicle drivers for their knucklehead moves that put all cyclists at risk. 

The Los Angeles City Council recently gave approval to the Cyclists’ Bill of Rights. Are you familiar with this document, and if so, do you support these rights as written? Are there any you disagree with, and why? And what would you consider the next steps to transform those rights from mere words into tangible action?  

I was lucky enough to see the Cyclists’ Bill of Rights shortly after it was drafted by the BWC and other leaders in the community in the Spring of 2008 when several friends e-mailed it to me.

I fully support the bill. I would like to strengthen the bill to include that all future road construction projects should require as part of the Environmental Impact Report (EIR) an independent section on how the project would benefit and encourage safe bicycle riding so we stop squandering the opportunity to add to a safe riding experience and encourage people to get out of their cars. 

Please see my primary election responses below for how we can as city leaders stop talking about protecting cyclists and actually start doing it.

There is often a high level of tension between cyclists and drivers in Los Angeles as they compete for limited road space, as illustrated by last year’s incident in Mandeville Canyon. What can the city do to help reduce that tension, and encourage both sides to safely and courteously share the road?  

While we all have witnessed some bonehead moves by cyclists, the majority of the tension in Los Angeles lies with inattentive drivers who are wedded to an idea that they own the road and that driving a car is a right. 

As mentioned earlier, I have been promoting getting more police officers out of their cars and onto bikes. I will continue this on the city council. Bike officers are a proven method of reducing crime and promoting community policing (it is easier to stop and interact with citizens on a bike, than in a car.) 

More importantly, these officers are more likely to cite for dangerous driving that put cyclists at risk.

Also as mentioned earlier, we have failed to incorporate the biking community in dozens of road projects that for very little additional costs could have added segregated bike lanes.

What role, if any, do you see bicycles playing in city transportation policy and improving traffic flow within the city?

As mentioned earlier, all road projects, whether requiring an EIR or not, must include a real dialogue on how the project incorporates and encourages safe cycling.

Are there any other issues you want to address, or any additional comments you’d like to make to the bicycling community?

I would like to share my comments written during the primary which I have included below. As always, Please do not hesitate to contact me at home (310) 557-9677 to talk about any issue. I look forward to working with your group and other groups to make Los Angeles a world class city for cyclists.

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David Vahedi’s statement from the March 3rd primary election

May 9, 2009 / / Comments Off on David Vahedi’s statement from the March 3rd primary election

Thank you for the opportunity to write specifically about bicycling issues in relation to my candidacy for Los Angeles City Council, 5th District.

vahedi-small1Whether you are an avid weekend cyclist or a person who depends on a bicycle to get to work or school, the City of Los Angeles has failed miserably to create an infrastructure that encourages cycling.

As you are aware, in my life long district, the 5th, we have very few Class One Bikeways. We must build more and I am dedicated to achieving this goal even if it means I will have to tap my office holder accounts to realize this dream.

As you will see from my Website at  Votevahedi.com, Westside button, I have been a long time advocate for a continuous Class One Bikeway along the Exposition Light Rail Line from Downtown to Santa Monica. I will be a strong voice for this project on the city council.

Another problem we must tackle is the unwillingness of most motorists to appreciate the exposed nature of cyclists and that when a vehicle fails to follow the traffic laws, especially around a cyclist; the result is often severe bodily harm or death for the cyclist. LAPD must be constantly reminded to take cyclist safety as a top concern along with educating drivers. Furthermore, there are many simple things the City can do to protect riders, from highly fluorescent lines indicating a bikeway to placing concave mirrors at known dangerous crossings.

We must also create a true hotline with rapid response for both potholes and street surface issues that are not only talking away from the positive experience of cycling, but also resulting in many serious injuries to riders.

There are also two issues in the legal arena that must be addressed and changed. Many cyclists are unaware that if they are injured on any class of bikeway due to the negligence of the city, that the city is 100% immune from liability. This is the result of the courts extending immunity for trail and paths in the mountains to bike paths, including all classes of bikeways.

This extension of immunity followed after a cyclist broke his neck on Sepulveda Blvd., near Mulholland Highway, after the asphalt collapsed under his bike. The city was aware of the unsafe conditions and the cyclist sued to recover his damages. On appeal, the higher court specifically found that cities and counties have immunity even where they had “actual notice” of the danger.

As an attorney, I have litigated this immunity issue when a client was injured on the Venice Bike Path when a DWP manhole had a piece of metal protruding from it. The DWP, when originally notified of the danger, put a cone over the metal which was soon knocked off, exposing a 13  inch piece of metal 1 inch by 1/16th of an inch that could not be seen. Amazingly, the LAPD officer on the rescue scene was able to break the piece of metal off at the base just like a hangar protecting other cyclists and doing what the DWP should have done in the first place.

There is currently a culture at city hall arising from this immunity that puts the repair of bikes path at the bottom of the list. This must change. The city should adopt the public policy that it will not invoke the immunity if it is determined that they had “actual notice” of the danger and failed to act prudently.

The second area of law that needs to be addressed is that of presumption. Specifically, that if a cyclist is injured in a bike lane in a cyclist versus vehicle accident, there is a rebuttable presumption that the driver of the vehicle was negligent. This presumption will work in two ways to protect cyclists. First, recovery of damages will be less expensive and time consuming for the cyclist, and I strongly believe that insurance companies will do a much better job to educate drivers to be more prudent and aware of cyclists’ rights to share the road.

While I most likely cannot make this important legal change directly from the council, city councils historically have been very successful in influencing the legislature to make statewide changes to law.

Please do not hesitate to contact me at home (310) 557-9677 to talk about any issue. I look forward to working with your group and other groups to make Los Angeles a world class city for cyclists.

Sincerely,

David

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This WTF moment, courtesy of Santa Monica and the League of American Bicyclists

May 7, 2009 / / 11 comments

Don’t get me wrong.

I like riding in Santa Monica. It’s a genuine pleasure to ride in a city that has actual cycling infrastructure, let alone where bike routes actually connect with something and you can plot out a route to just about anywhere you want to go.

Coming from traffic-heavy Los Angeles, it’s a breath of fresh air. Literally.

Still, I was surprised when the League of American Bicyclists named SaMo a bicycle-friendly city. Even if it was just a bronze.

I know the state of cycling pretty well sucks in this country. But either they didn’t consult local riders before they made their award, or the bar is set so low we’ll have to be careful not to trip on it.

Because it takes more than just infrastructure and good intentions to truly be bicycle friendly. Even for a city of less than 90,000 people that offers 16 miles of bike lanes, 19 miles of bike routes and a 3 mile beachfront bikeway.

It takes a genuine commitment to work with cyclists to encourage riding. Not government officials who refuse to meet with them to work out a compromise that would allow Critical Mass to take place without a heavy-handed police crackdown, complete with bogus — and possibly illegal — tickets.

It takes a city where infrastructure doesn’t just exist, but was smartly planned to protect the safety of riders while preserving traffic flow. It also means a commitment to enforcing restrictions on that infrastructure — or to put it another way, keeping cars the hell out of the bike lane.

In fact, Santa Monica could balance their entire city budget by placing a couple of officers on northbound Ocean Avenue. Then just ticket the drivers who blithely cruise down the bike lane for nearly a full city block between Arizona and Wilshire. I usually see at least couple such idiots every time I ride through there — even though I’m the only one using it for its intended purpose.

And don’t get me started on the way the city allows movie crews to place cones blocking the bike lanes, for no other purpose than to keep cyclists from coming within three feet of their precious trucks.

Yeah, that’s worth risking a life for.

Then there’s the city’s crown jewel, which was mentioned prominently in their press release touting the LAB award — three miles of beach-front bikeway, part of the larger Marvin Braude Bike Path.

As the Times’ Steve Lopez pointed out recently, it’s nearly impossible to ride at times due to the sheer number of pedestrians, dogs, skaters and other assorted non-two-wheeled flotsam. A bikeway on which people are often surprised to encounter cyclists, despite the “Bikes Only” and “No Pedestrians” markings every few feet. And despite the presence of a parallel pedestrian walkway mere feet — or in some cases, inches — away.

Because just like with drivers on the street, if the city won’t enforce bikeway restrictions — let alone state laws that prohibit the blocking of any Class 1 bikeway — other users will take it over and claim it as their own.

Of course, it’s not just a problem in Santa Monica. L.A.’s segment of the bikeway along Venice Beach isn’t any better. And evidently, Long Beach — another recent bronze winner — has issues of its own.

Maybe the LAB thinks things like that are acceptable for a bike-friendly city. Or maybe they’re trying to encourage cities that have made a modest start to keep improving until bike-friendliness permeates the entire city culture.

Or maybe they just didn’t ask those of us who know those city streets best.

I’ll leave the last word to Gary Se7en, in a comment he made on LAist:

I live and work in Santa Monica, live car free and ride a bike every day. It’s not that bad here. It’s not that great either, although it beats most anywhere else in Los Angeles. Maybe SM should get a copper rating instead of bronze. Also bike routes should not count for anything. Lincoln Blvd. is a bike route, Lincoln is also one of the worst streets to ride a bike on in L.A. county.


LAist covers today’s press conference about AB 766, the Safe Streets Bill. The Orange Line Bike Path finally gets a much-needed makeover, while talk of sharrows surfaces yet again in L.A.; the LACBC asks you to beg our mayor to move forward. C.I.C.L.E. promotes Bike Week in Pasadena. Connecticut considers a bill that would set aside 1% of all state and federal transportation funds to improve bike and pedestrian access. A bike-hating deputy sheriff from hell assaults two cyclists in Ohio, and a bike riding cop from Florida explains why you should stop anyway. A writer in western Colorado asks why drivers can’t give cyclists as much space as they would a horse or cow. Finally, from across the pond, a new campaign says there’s safety in numbers, while the leader of the Conservatives in Parliament has his bike stolen. Again.

Category: General / Tags: , , , ,

Officer Krupke, you’ve done it again — Pedal power to the people

May 1, 2009 / / 7 comments

I don’t think they knew what hit them.

When Council President Eric Garcetti opened today’s meeting, L.A.’s city council members probably expected to speak to a mostly empty room at yet another typically dull city council meeting. What they got was something entirely different.

1-council-meeting-smallInstead of empty chairs, they faced a room full of angry bicyclists. Most of whom demanded the right to speak in protest of last week’s Hummer incident, as well as dangerous and illegal police tactics and general lack of support from the LAPD.

Once the floor was opened for comments, a near continuous stream of riders approached the microphone — including Andres, who was injured by the Hummer, and Krista, who spoke of having her bike ripped from her hands as the driver fled the scene. Among the others commenting were Alex Thompson, who helped lead the response to this incident, along with Enci and Stephen Box, and the Ridazz’ Roadblock and Chicken Leather.

I’d like to tell you exactly who commented and what they said. But to be honest, I kind of got wrapped up in the moment and forgot to take notes.

Or more precisely, I preferred to participate, rather than observe.

Overall, though, many riders pointed out the dangers that they face on a daily basis from angry and aggressive motorists, and how that problem is only exacerbated by the anti-bike bias demonstrated by some officers. Not to mention the poor conditions of the roadways and a general lack of infrastructure that contributes to confrontations by forcing cyclists into the traffic.

And both Alex and Stephen reminded the council of their repeated failures to follow through on previous bike-related motions and programs that had passed the council, only to die somewhere in city’s vast bureaucracy.

When I spoke, I briefly mentioned my own experience with a road-raging driver, and how the failure to ticket or charge the

The Cyclists' Bill of Rights

The Cyclists' Bill of Rights

 driver gave her permission to do it again to someone else. And how the failure to cite the Good Doctor the first time he ran cyclists off the road — at least, the first time we know of — only encouraged him to do it again, as evidenced by his great surprise when the police actually arrested him following last year’s Mandeville Canyon incident.

Then I added that the failure to charge the Hummer driver was tacit permission from the LAPD to go out and do it again, thus further endangering cyclists.

I concluded by pointing out that the recently passed Massachusetts Bike Safety Bill requires all new police officers to receive training in bike laws and safety while at the academy, and asked why Los Angeles couldn’t establish a program like that. And reminded the council members that the riders gathered behind me were voters, as well as a bicyclists.

Evidently, we were heard.

Before the meeting, departing District 5 city council member, and current candidate for city attorney, Jack Weiss met us on the steps of city hall to say that as a weekend cyclist himself — because he considers it too dangerous to ride on weekdays — he fully supports cyclists.

Afterwards, Bill Rosendahl noted that Mandeville Canyon is in his district, and that he had responded by introducing the Cyclists’ Bill of Rights. And that while we had been speaking, he, Janice Hahn, Ed Reyes and Tom LaBonge had signed the following motion:

Numerous incidents have been reported relative to bicycle and vehicle collisions and aggressive motorists attitudes to law-abiding people riding bicycles. Complaints have also been raised regarding the treatment of bicyclists by the Los Angeles Police Department. It is critical that the City respond to these situations and respond appropriately. 

I THEREFORE MOVE that the City Council direct the Los Angeles Police Department to report on recent bicycle incidents and conflicts between bicyclists and motorists, as well as efforts to increase police officer training related to bicycling activities and applicable regulations and laws.

Reyes, Hahn, Wendy Greuel, and Tony Cardenas also rose to speak in support of cyclists, while Garcetti thanked us for coming and promised that action will be taken. And LaBonge followed us outside to address the gathered cyclists and express his support.

Tom LaBonge addressing cyclists after the council meeting

Tom LaBonge addressing cyclists after the council meeting

 

Enci and Stephen Box have both posted recaps of the meetings — including Enci’s powerful comments. And if you were there and remember what you said, feel free to add it to the comment section below.

Category: General / Tags: , , , ,

Officer Krupke, you’ve done it again — Cyclists plan to Storm the Bastille

April 30, 2009 / / 3 comments

Man the barricades.

Last week saw a vehicular assault on a group of cyclists, which was followed by threats of gun and gang violence — not to mention the crushing of several bikes as the driver attempted to flee the scene in his plate-less two-ton Hummer.

Then, in an action many cyclists recognize as typical of the LAPD, the driver was allowed to leave the scene without so much as a warning — despite being stopped by the police with a bicycle still lodged beneath his vehicle. And to top it off, the officer in charge not only said that he would have done the same thing, but implied that he might have used a gun himself.

Clearly, whatever may have lead up to this event, cyclists will never be safe on the streets of Los Angeles until we have the full support and protection of the LAPD that should be the right of every citizen of this city — and something that is promised by the 1st, 3rd and 4th clauses of the recently adopted Cyclists’ Bill of Rights:

1) Cyclists have the right to travel safely and free of fear.

3) Cyclists have the right to the full support of educated law enforcement.

4) Cyclists have the right to the full support of our judicial system and the right to expect that those who endanger, injure or kill cyclists be dealt with to the full extent of the law.

This past Tuesday, a group of cyclists met with Los Angeles Police Commission and the police Inspector General to file a protest.

Now riders are being called on to attend this Friday’s City Council meeting at the Van Nuys City Hall to express our dissatisfaction and demand action from the city government. If you can’t attend in person, contact your city council person now.

I’ll leave it to Dr. Alex to explain why immediate action is necessary.

Because we all have the right to be safe on our streets, whether we use two wheels or four.


Gary rides bikes, and now tweets, too. Lance starts his comeback at New Mexico’s Tour of the Gila. Coconut Grove cyclists take a page from the Dutch. The good news is, California no longer leads the nation in cyclists killed; the bad news is, we’re number two. Our rash of hit-and-runs spreads to neighboring Arizona, while a Utah driver who intentionally drove into a group of cyclists is sentenced to just 30 days in jail. An Iowa cyclist is injured after being struck with a full can of beer thrown from a passing car. Finally, a judge in Australia blames a rider’s accident on not having a headlight — even though he was hit from behind, despite his rear flasher.

Category: General / Tags: , , , , , , ,

Officer Krupke, you’ve done it again — LAPD’s anti-bike bias

April 28, 2009 / / One comment

Earlier this month, Dr. Alex left a comment on something I’d written. The last line in particular has stuck with me for the last few weeks:

…I feel more and more that the leading edge of bike activism is in law enforcement issues, not urban planning

You see, in the 10 months since I started this blog, I’ve become more and more focused on the politics of cycling — the need to elect candidates who actually support bicycling and will work to change the laws to help encourage riding, and keep cyclists safe and alive.

But Alex has a damn good point, especially in light of the LAPD’s apparent failure to enforce the laws prohibiting vehicular assault this past weekend — let alone protect riders from threats of gun and gang violence.

Unfortunately, it’s nothing new.

My own experience with police bias dates back to a road rage incident I’ve mentioned before, when a driver intentionally knocked me off my bike while I was stopped at a stop sign.

Once the police finally got there, the driver insisted that she never hit me or my bike, and in fact, had no idea why I was upset or why I was blaming her. According to her version, she was just minding her own business, driving patiently behind me, when I blew through the stop sign without even slowing down, and simply fell over when making a right turn.

The officer in charge listened to her, then came over to me, and — without bothering to get my version of the events, either from me or the officer I’d given my statement to — said he believed her, “because none of you bike riders ever obey stops signs.”

I realized then that nothing I said was going to influence how he wrote his report.

Of course, I tried.

I pointed out the injuries on my left side, to show that I had fallen to my left. Which meant her version would make me the first cyclist in history to fall to the left while making a fast right turn. But his blank stare confirmed my suspicions that beginning physics isn’t a required course at the police academy these days.

Then I pointed to the long arc of deep gashes on my right calf, and showed how they lined up perfectly with the teeth on my large cog. And explained how that proved my foot was planted firmly on the ground when her car struck me, since my leg wouldn’t have hit it like that if I’d been clipped in.

Finally, I pointed out that the damage to my bike, while minor, was consistent with my version of the events, and could not have occurred the way she described it. Yet when I got a copy of the accident report, he’d written that there was no damage to my bike.

And that’s exactly what her insurance company cited as justification for denying my claim.

In the end, she left without even a warning, while I was threatened with arrest for filing a false police report. And it was then that I realized that cyclists can’t count on the LAPD for protection or support.

And nothing that has occurred in the years since to change that opinion.

Of course, not all officers are like that. And as Zach Behrens pointed out on LAist, there are two sides any story.

But it’s up to the police to protect the rights and safety of all citizens, without bias. Not protect the right of those on four wheels to attack and intimidate those of us on two.


L.A.’s Channel 2 covers last weekend’s Ghost Bike installation. An Ohio paper offers nine good tips for safe riding. Stephen Box reports on the “not my job” jurisdictional failure of the Orange Line Bike Path. The Weekly profiles Flying Pigeon’s Brayj-Ali brothers among their LA People 2009. Colorado’s common-sense bike safety bill awaits the governor’s signature, while Wisconsin passes an anti-dooring bill. Great Briton considers a Pounds for Pedals plan to encourage people to trade in their old bikes. Finally, a cyclist injured in a Santa Rosa collision is suspected of BRWI (that’s bike riding while intoxicated).

Category: General / Tags: , , , , , ,
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