Tag Archive for Los Angeles Times

Morning Links: LA Times columnist takes his anger out on us, and a section of LA River path closed for two years

Take a breath, George.

Abraham Lincoln had a habit of writing angry letters to let off steam, then placing them in his desk, unsigned and unsent.

Maybe LA Times Capitol Journal columnist George Skelton should take the hint.

In his Thursday column, Skelton reported that his planned trip to Lake Tahoe with his daughter over the weekend was derailed when they ran into a road closure to accommodate an Ironman triathlon — not a bicycle race, despite how he characterized it. And was so incensed he responded by calling for a tax on all bike riders.

Which is like demanding that joggers and pedestrians pay for the sidewalks and crosswalks they use just because the LA Marathon keeps you from crossing the street, as Keith Pluymers pointed out.

Except they already do.

In fact, we all do. Just as we all pay for the roads Skelton seems to think are exclusively financed by motorists.

Even gas taxes and auto registration fees, which he seems to think bike riders don’t pay — even though the overwhelmingly majority of people who ride bikes also own and drive cars — only cover a fraction of the cost of building and maintaining our streets and highways.

The rest comes out of the same income and sales taxes we all pay, whether we travel on two wheels or four.

Or none.

He also seems to forget about those similarly freeloading electric car drivers, who don’t pay a penny more in gas taxes than bike riders do. And hybrid owners, whose relatively high mileage means they pay a fraction of the taxes other drivers pay when they fill up.

Then there’s the simple matter of why drivers are expected to pay for those roads.

It’s not for the privilege of driving on them, as Skelton seems to presume. It’s because those multi-ton vehicles cause exponential wear and tear on the roadways every time they’re driven on them.

Bicycles don’t. Period.

Even at the peak of my out-of-shape weight following my father-in-law’s stroke, when I packed 220 pounds onto a 15 pound bike, my impact on the road was infinitesimal compared to even the lightest motor vehicles. Never mind the massive SUVs so common in California they should replace the grizzly on the California flag.

It’s true that bike lanes aren’t free.

But striping lanes costs just pennies on the dollar compared to the cost of building a roadway to accommodate cars and trucks. Let alone the more than $1 billion — that’s billion, with a b — it cost to put HOV lanes on the 405 through the Sepulveda pass.

And as anyone who’s driven there lately can attest, that’s barely made a dent in the infamous 405 traffic congestion. If that.

Skelton doesn’t address the question of who would have to register their bikes with the state. Does the toddler on her trike have to pay the same fee as the roadie slicing curves on Mulholland?

What about the immigrant worker who can’t afford a car or public transportation? Do we slap him in leg irons if he rides an unregistered bike on the streets of our fair state?

Finally, there’s the question of who would administer the fees he calls for.

The DMV has already said they don’t want the job. The sort of small fees he suggests — such as the $3 licensing fee charged in Long Beach — wouldn’t begin to cover the millions required to administer and enforce a program to register every single bicycle in the late, great Golden State.

And any fee high enough to cover the costs would only serve as yet another barrier to bicycling, at time when we should be lowering those barriers to encourage more people to bike to improve their health, and the health of the cities they live in.

Let alone removing a few more cars from our overly congested streets.

In fact, a recent study showed that every mile traveled by bike results in a net economic gain of 42 cents to society, while every mile traveled by car results in a net loss of 20 cents.

Which means we should be getting a rebate, not charged extra taxes on top of those we already pay.

Skelton should have known better.

And probably would have if he’d just taken long enough to cool off; even a few minutes with Google could have corrected his misassumptions before they ever got into print.

Instead, a respected reporter who usually offers valuable insights into the inner workings of our state government apparently let his anger get the better of him.

And instead of taking it out on the Ironman sponsors, Caltrans or the local governments who permitted the race, he chose to take it out on you and me.

This is one column that should have been placed in his desk drawer. And left there.

Permanently.

Thanks to Noel Smith for the heads-up.

………

Just in case you needed a reminder — which is highly unlikely if you ride LA streets — this is what a too-close pass looks like, courtesy of On My Bike in LA.

https://youtu.be/MngTvS3J9Po

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LA area cyclists are about to lose one of the few safe places we have to ride thanks to the never-ending drive to increase capacity for cars.

A one-mile section of the La River bike path will be closed for two full years between Riverside Drive and the 134 Freeway.

Yes, two years.

All because Caltrans is adding carpool lanes to a section of the 5 Freeway. The construction will impact a section of the bike path that runs nearby, and the closure is for our own safety, according to the notice.

Thanks for looking out for us. No, really.

Bike riders will be diverted onto Zoo Drive and Western Heritage Way, near where Finish the Ride founder Damien Kevitt was struck by a hit-and-run driver who dragged him onto the 5, nearly taking his life.

So if anyone happens to get hit by a car while bypassing the construction zone for the next two years, I’d suggest getting a good lawyer who can reach into the deep pockets at Caltrans.

And yes, I can recommend a few.

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Mike Wilkinson forwards advice on what to do if you’re the first on the scene following an injury collision. It’s written from a motorcyclist’s perspective, but the advice holds true for non-motorized riders.

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Welcome to the US. An unidentified cyclist training for the world championships was hit by a car that was somehow allowed to cross the course; fortunately, the victim was not seriously hurt.

Bicycling talks with U23 silver medalist Emma White; the 18-year old is the first American woman to podium in the world junior time trial since 2007.

School students get days off for snow days, teacher training days, religious holidays, and now, UCI world championships race days.

Alberto Contador makes plans to exit stage left after the Rio Olympics next year. Bike racing’s governing body announced next year’s women’s WorldTour with a 60% increase in competition days. Women continue to ride in the back of the bus, though, and there’s still no women’s equivalent to the men’s Grand Tours.

Taylor Phinney discusses the pain of time trials versus the pain that comes from a devastating injury, while the Wall Street Journal’s Jason Gay offers perhaps the best Taylor Phinney profile yet. And a gofundme account has raised $80 to buy Phinney a muffin.

Yes, a muffin.

………

Local

South LA cyclists demand the Central Avenue bike lanes promised in the mobility plan. And rightfully so.

Bike Portland talks with our own transportation maven Seleta Reynolds.

The latest podcast from Streetsblog’s Damien Newton is a talk with new CicLAvia Executive Director Romel Pascual.

A man is under arrest for murder after shooting another man near West 6th and Lafayette Park, then stealing a bicycle at gunpoint before being captured by police.

Los Angeles Magazine offers five tools to make shopping by bike easier. Although they somehow forgot messenger bags, which were developed by bike messengers for a reason.

 

State

An anonymous tip has led San Diego police to the car used in a hit-and-run that seriously injured a woman riding her bike last week; it was found at a repair shop, apparently getting fixed to hide the damage. Although the local NBC station seems to think the car was acting on its own.

Trial began on Thursday for the wrong-way, allegedly high driver who slammed into 10 riders on San Diego’s Fiesta Island, leaving one permanently disabled.

The San Diego Union-Tribune puts the Coronado anti-bike hysteria in context, saying it’s part of a backlash against increased tourism on the penisula. Maybe tourists should respond by taking their money somewhere else.

Palm Springs cyclists get a new mobile bike repair truck.

Bittersweet story from Camarillo, as a woman is spending her final days touring California by bike with her boyfriend; she was diagnosed with terminal liver cancer shortly after kicking a two decade addiction to meth. Camarillo’s US Bike Company gave them new bicycles after theirs were stolen in Big Sur.

Caught on video: The San Francisco police captain who ordered a crackdown on scofflaw cyclists rolls a stop himself while on his bike. Maybe he was just trying to fit in.

Evidently, San Francisco cyclists will be on the Critical Mass to Hell this weekend.

Sad news from Shingletown, near Redding, as a bike rider was killed Thursday evening when a 17-year old driver drifted onto the shoulder where she was riding.

 

National

The National Bike Challenge hit 35 million miles 10 days before the scheduled end of the program, a whopping 50% increase over last year.

You can now ping your bell to tell you where you parked your bike. Although if you can’t find where you parked your bike, it’s usually a sign it may not be there anymore.

The Portland paper road tests the city’s new bikeshare bikes.

The standard controversy erupts over a road diet in my hometown, with drivers complaining about traffic backups and unused buffered bike lanes, which riders avoid because they don’t connect to anything and dump them back into traffic with no warning.

Denver tries on a protected bike lane for size; for a change, local merchants joined safety advocates in pushing for changes on the busy street.

That’s one way to steal a bike. A woman walked into an Ohio Wal-Mart, set a rack of pajamas on fire, and walked out with a new bike.

Some schmuck stole a 1980 Schwinn 12-speed from a 92-year old WWII vet in Troy NY; he only rode it twice before hanging it up in his garage.

Now those are some serious choppers. A New York bike thief imitates the city’s infamous rats and uses his teeth to gnaw through a bike lock. Yes, his teeth.

A Philadelphia website says the pending papal visit is the perfect opportunity for drivers to experience a Road to Damascus conversion to bike commuting.

That Delaware DuPont exec on trial for killing a man on a bicycle in a hit-and-run last year claimed he thought he hit some tree branches. And yet his young sons saw the bike spinning away and asked if he’d just killed a cyclist. Schmuck.

All Washington DC students will now learn to ride a bike in the second grade. This should set the standard for every city, including LA.

Atlanta officials sign off on 31 miles of new bike lanes.

By his account, a 70-year old Georgia driver was doing everything right when those crazy bike riders started yelling at him, and he accidently ran into one trying to get away. Sure, that sounds credible.

FL police blame a teenage bike rider for not riding in the crosswalk after he’s injured in a collision. Of course, if he had been in the crosswalk, they would have blamed him for that.

 

International

Now those damn Canadians are trying to take credit for the Popebike.

No bias here. The CBC apparently thinks the value of a victim’s bike has something to do with why a left turning driver ran him down in the bike lane and fled the scene.

Serious injuries among British bike riders are going up three times faster than the increase in miles ridden.

Brit bike couriers protest to demand a living wage.

 

Finally…

Evidently, the key to success as a champion lumberjack is riding a bike. Regardless of what the Standard thinks, a combination breathalyzer/bike lock is not a blow to bike-riding boozers as long as its use remains voluntary.

And this gnome-lookalike perv should be locked away until he’s 87. But you’ve got to admire his bike handling skills.

 

Morning Links: The Times looks at rising bike hit-and-run rates; and the year’s most inspirational video

You already knew hit-and-runs were a problem for cyclists.

But maybe none of us realized just how bad it’s become.

According to the LA Times, overall injury and fatal hit-and-run rates have actually declined since 2000. Except for those involving bike riders, which have increased a whopping 42% since then.

It’s easy to lay blame for the increase on a rising rate of bicycling over the same period, which has grown 61% since the turn of the century, according to a recent report from the League of American Bicyclists. But the fact that overall rates have gone down while bike-involved hit-and-runs have gone up just raises the question of why so many drivers think it’s okay to leave a bike rider bleeding in the street.

Then again, maybe it’s just that a collision with a bike rider is less likely to leave the driver’s car too damaged to flee than a wreck with another motor vehicle.

Regardless of the reason, nothing will change until the law is changed to make the penalties for hit-and-run greater than the potential reward for running away.

And that won’t happen until someone can get it through our out-of-touch governor’s head that hit-and-run is a serious — and deadly — problem.

Especially for those of us who aren’t protected by a couple tons of glass and steel.

………

The Times piece also notes that an overwhelming 80% of all hit-and-runs go unsolved. And only half of the cases that do get solved result in a conviction.

In other words, drivers have a 90% chance of getting away with it if they hit the gas instead of the brake after a collision. No wonder hit-and-run remains at epidemic proportions.

In addition, the story profiles some of the victims of fleeing drivers — at least, the ones still able to tell their own story, including Paul Livingston, whose story was told here last June.

There’s a great interactive map, as well, that drives home the obscene number of bike-involved hit-and-runs every year, and where you need to be on the lookout for fleeing drivers. Including Long Beach, Santa Monica, DTLA, Van Nuys and North Hollywood — in other words, the places where you’re most likely to find people on bikes.

And the paper offers a video interview with Finish the Ride’s Damian Kevitt, who barely survived the gruesome hit-and-run that took his leg.

Then again, it’s not just an LA problem, as a Florida paper asks what kind of driver doesn’t stop after hitting someone.

Or more to point, what kind of pond-sucking scum would even consider it?

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No surprise, as prosecutors have declined to press charges against the South LA bike rider allegedly beaten by cops while being held down after a brief pursuit.

Police had reportedly ordered Clinton Alford to stop while he was riding his bike on the sidewalk along Avalon Blvd, but he kept going because he says they failed to identify themselves as police officers. Then he ran when someone grabbed his bike from behind, which lead to the alleged beating.

Based on the description of events, though, the police appeared to lack probable cause to make the stop, since sidewalk riding is legal in Los Angeles. Which makes everything that followed, including alleged evidence of drug possession and accusations of resisting arrest, inadmissible in court.

Never mind that filing charges would stand in the way of reaching a settlement with the city over the beating.

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Unbelievable. A Paso Robles cyclist is dead and her riding partner severely injured because the jerk behind the wheel dropped his effing cell phone and bent down to pick it up. Then had to swerve to avoid the stopped car ahead of him, slamming into the riders in the process.

Never mind that using a hand-held phone while driving is illegal in California.

Or that taking your eyes off the road to pick it up is idiotic.

………

Local

CicLAvia offers a narrative guide to Sunday’s event (pdf) from the real voices of South LA.

An Aussie travel writer takes a 32-mile bike tour of LA in — gasp! — a single day.

West Hills’ Spoke N’ Wheel Bicycles bounces back after a summer fire nearly put it out of business.

An important bike route through the UCLA campus is needlessly blocked by construction. And Porta Potties.

Santa Monica sees a dramatic increase in bicycling since 2000, nearly six times the national growth in cycling. And yes, this story is where I got that stat about the 61% increase in bike riding nationwide.

Riding for a great cause. The Midnight Ridazz annual All City Toy Ride takes place on Friday, December 9th. Thanks to James Hawkes for the link. 

The Eastside Bike Club is hosting a family-friendly Slow ES Cool — Cypress Park Ride to explore some of LA’s and the San Gabriel Valley’s beautiful sites and diverse eateries on Saturday, December 13th.

 

State

Riverside police plan to offer a $10,000 reward in the hit-and-run death of fallen rider D’Andre Sutherland.

A San Bernardino man is the victim of a bike-by shooting; he’ll survive, but may have trouble walking for awhile.

Evidently, they’re just a bunch of old softies, as a group of Hell’s Angels — yes, the notorious motorcycle gang — buy up all the bikes at a Fresno Walmart and donate them for needy kids. And not for the first time.

San Jose prepares to ban all bikes on the sidewalk because of a few overly aggressive riders.

The popular East Bay Bike Party has been cancelled for December due to out-of-control and disrespectful riders.

 

National

Evidently, bad research never dies, as the press continues to report on that highly flawed Governors’ report on bike safety.

Rails to Trails offers 10 great bike movie moments.

Your next GoPro could offer overhead shots, as the company is reportedly developing its own line of drones.

A Maine man admits to fatally running down his bike riding friend while driving drunk, after initially claiming he found him lying in a ditch.

New York City cuts the speed limit in Central Park to reign in all those dangerous bikes.

New York police use faulty, or perhaps made-up, data to justify a crackdown on bike riders.

 

International

A Vancouver writer says motorists must take more responsibility for keeping cyclists and pedestrians safe.

An Ottawa paper goes for major click bait, asking their readers whether an idiot on a bike or a moron behind the wheel is worse. How about the idiot editor who approved the piece?

A new association of the top pro cycling teams plans to bring a little more rationality to the sport.

A London writer offers up five mistakes that cancel out even the best bike lights.

London’s mayor Boris considers holding open streets events in the city after seeing similar events in Jakarta. If he thinks that’s impressive, we should invite him to Sunday’s CicLAvia.

Bike cams are being accepted as evidence in cases against Scottish motorists.

An American man and his 12-year old son tour Amsterdam by bike, including the Red Light District.

Caught on video: A Polish rider participating in a bikejoring competition — racing with dogs pulling her bike — is tackled by, not 10 Lords a Leaping, but a leaping herd of deer.

A Chengdu, China bike rider invents an air purifier that fits in a very big backpack.

 

Finally…

Florida cyclists connect through Facebook to get a man’s $5,000 Cannondale back before he even knew it was stolen. Lance just can’t keep away from the sport, as he admits to motorpacing BMC’s Tejay van Garderen.

And they must make ‘em tough Down Under, as a 13-year old boy rides his bike back home after being bitten by a shark.

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One quick bonus video: Michael Eisenberg forwards what may be the most inspirational video you’ll see this year, featuring former race car champ and champion paracyclist Alex Zarnardi, who lost both legs in a car racing collision.

Seriously, if he can get back on a bike, so can I.

And so can you.

 

Morning Links: Reckless driving laws apply to bike riders, too; LA Times comes down hard on Gil Cedillo

No, your bike isn’t a vehicle under California law.

But that may not matter as far as traffic regulations are concerned.

In a case involving an LA cyclist, a Los Angeles appeals court has ruled that the statute prohibiting reckless driving applies to bike riders, as well.

Even though the state defines bicycles as devices, rather than vehicles. And even though the most reckless rider poses far less risk to those around him or her than a reckless driver.

Jorge Velasquez, Jr was over twice the legal limit when he left a Dodger game in April of last year, riding brakeless on the hilly streets. He swerved to avoid a car, and slammed into a jogger while on the wrong side of the road, leaving her in a coma for 10 days with serious facial injuries.

Rather than charging him with biking under the influence, which carries just a $250 fine and no points against the rider’s drivers license, prosecutors charged Velasquez with reckless driving, with a penalty of up to three years in jail.

His public defender argued, reasonably, that the reckless driving statute was specifically written to apply to operators of motor vehicles who act in a manner likely to injure or kill others.

But the court ruled that CVC 21200, which gives cyclists with all the rights and responsibilities of drivers, meant that all traffic laws that apply to motorists apply to cyclists — unless the law is specifically written to exclude bicyclists, such as the statue setting separate penalties for riding under the influence.

In some ways, the ruling works to our benefit by reconfirming our right to the road.

If the court had ruled that the reckless driving statute didn’t apply to bikes, it could be argued that other laws that work in our favor don’t either, such as the right to ride on any road where cars are allowed — with the exception of some limited access highways — or to use any lane when appropriate, just as drivers do.

On the other hand, not everyone agrees with the ruling.

Cyclist and Century City attorney Stanley E. Goldich, a frequent contributor to this site, thinks the court missed the mark.

My two cents on the opinion.  I read the prior 1980 Clingenpeel opinion in addition to the ruling of the CA Court of Appeal in the Jorge Velasquez (pdf) matter.  The central question seems to be whether the additional reference to Division 17 in the 1982 amendment to Section 21200 is sufficient to satisfy due process requirements by making clear “to persons of ordinary or common intelligence” that cyclists can be charged with reckless driving of a vehicle under Vehicle Code section 23103 notwithstanding that a bicycle is not a vehicle under the Vehicle Code.

I think in order for cyclists to be subject to prosecution and criminal penalties for reckless driving of a vehicle there needs to be an explicit reference to reckless driving of a vehicle in Section 21200 as was done for drunk driving in the 1982 amendment with the language “driving under the influence of intoxicating liquors or drugs, or the combined influence thereof.”  I don’t think it is sufficiently clear that cyclists are subject to criminal prosecution for reckless driving of a vehicle by the vague reference to Division 17, particularly in light of the last phrase in section 21200 “except those provisions which by their very nature can have no application.”  I read this last phrase to mean that cyclists are not subject to punishments for driving of a vehicle because a bicycle in not a “vehicle.”  Certainly, without an explicit reference to reckless driving as was done for drunk driving in the 1982 amendment, there is ambiguity whether the general reference to Division 17 is intended to make cyclists liable for reckless driving of a vehicle.  This general reference does not give fair warning required for criminal statutes. In addition, there are not less severe penalties for bicyclists as was done for driving while intoxicated that takes into account that bicyclists do not pose the same dangers as motorists.

Certainly the actions of Jorge Velasquez in riding a fixed gear bike without a handbrake in traffic after the Dodger game with a blood alcohol level of 2.18 was extremely reckless. However, while he can certainly be prosecuted for biking while intoxicated (and should be subject to civil liability to the pedestrian he hit for his reckless conduct) I don’t think the criminal statute for reckless driving of a vehicle is applicable and criminally charging Velasquez or other cyclists for this violates due process of law. It is also curious that this issue has not arisen in the 32 years after Section 21200 was amended.   I wonder if there have been previous instances where cyclists in CA have been prosecuted for reckless driving of a vehicle. I certainly would welcome having the legislature address this and provide for prosecution of cyclists for reckless bike riding in conjunction with determining an appropriate penalty or penalties as was done with biking while intoxicated.

Unless the California Supreme Court agrees to take up the case, the ruling will now be law throughout the state.

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Red Kite Prayer offers an open letter to now ex-Santa Paula reserve officer Laura Weintraub, saying no, you are not forgiven.

And hat’s off to Cycling in the South Bay’s Seth Davidson, who responds to my post about the whole imbroglio being a teachable moment. And reaches out to a surprisingly receptive Santa Paula Police Chief Steve McLean; he’ll be meeting with McLean, along with the LACBC’s Eric Bruins, on Friday to help build a better relationship between the department and bicyclists.

I hate to sound like part of a mutual admiration society, but if you’re not reading Seth’s blog, you should be.

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The LA Times Opinion page comes down hard on CD1 Councilmember Gil Cedillo and his single-handed attempt to derail the already approved road diet and bike lanes on North Figueroa.

Unless some demonstrable miscalculation was made in the bike plan, or unless there’s a real safety issue, individual City Council members should not be tinkering with the plan, which was designed carefully with the whole city in mind. Currently, Los Angeles has 337.62 miles of dedicated bike lanes. Cedillo is looking at alternatives to the Figueroa corridor, but the city planners chose these designated routes for specific reasons; nearby streets, they say, won’t work. The idea is to create a seamless network of bike lanes that allow cyclists to travel continuously from one point to another.

It’s a good read, and well worth a few moments of your time. Thanks to Richard Risemberg for the heads-up.

Meanwhile, KFI’s John and Ken demonstrate how little they know about the subject in this segment from Monday’s show, beginning at roughly the 11-minute mark.

Personally, I didn’t have the stomach for it, tuning out shortly after they disregard studies proving road diets improve safety simply because they choose not to believe them. Life is too short for that kind of indignorant anti-bike drivel; maybe you can tolerate it better than I could. Link courtesy of Erik Griswold.

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After giving up his dream of winning a grand tour, Australia’s Michael Rogers wins Tuesday’s stage of the Tour de France. France’s Thomas Voeckler stops mid-race to berate a heckler. And BMC’s Peter Stetina is ready to step up and deliver Tejay van Garderen to a place on the podium; but only if TvG can manage to keep the rubber side down.

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Local

London’s Guardian looks at Nona Varnado and LA Bike Trains.

Streetsblog’s Damien Newton says new LADOT chief Seleta Reynold’s outside perspective could help overcome LA’s self-defeatist attitude.

Downtown LA could get a new 84-station bike share system and a bike hub at Union Station, courtesy of Metro.

Better Bike looks at three newly approved types of bike facilities and wonders if any will ever come to the Biking Black Hole of Beverly Hills. Don’t hold your breath.

A Santa Monica bike theft is caught on video; this is why you never secure your bike to a parking meter with a cable lock.

Construction begins on an improved bike route on PCH in west Malibu.

Pedestrian and cycling safety will be a major focus of new Glendale councilmember Paula Devine.

Walk Bike Burbank forms in response to the city’s decision to shelve a planned bike and pedestrian path.

 

State

KCBS-2 looks at last weekend’s Orange County memorial ride to remember fallen cyclists.

A Laguna Beach group proposes a two-way bike path as path of a plan to beautify downtown.

Sonoma County’s bike commuter of the year isn’t who or what you’d expect.

 

National

A new national bike website is for women only.

Even Arizona is driving less and bicycling more.

Lafayette CO police apologize for ticketing a cyclist for riding in a crosswalk, which isn’t against the law in the state.

Even Philadelphia police can be victims of bike theft; the clueless thief abandoned the bike after attempting to sell the clearly marked police bike to someone around the corner.

Not surprisingly, people who live near bike lanes exercise more than people who don’t — although the results may not be immediate.

 

International

Seven innovative ways cities are transforming themselves to improve bicycling.

The Telegraph offers advice on how to avoid common bicycling injuries.

A Kiwi writer calls cars the logical and inevitable solution to cycling injuries and dung-covered streets, and says it’s madness to expect bikes to share roads with cars. Oh, well okay, then.

 

Finally…

When the satirical Bike Lobby twitter account claims credit for two white flags that mysteriously appeared on the Brooklyn Bridge overnight, the media takes them just a little too seriously. And an easily offended Seattle driver assaults a cyclist to defend the honor of another driver. Seriously, you can’t make this stuff up.

 

Manny Ramirez defense leads to acquittal for Gordon Wray; The Times’ Hector Tobar likes bikes

Evidently, killing a cyclist because you can’t see is nothing more than an accident.

Just say the sun got in your eyes, and walk away.

That’s what happened today, as Gordon Wray was acquitted on a charge of misdemeanor vehicular manslaughter in the death of Doug Caldwell.

A jury of his peers — though not necessarily the victim’s, since cyclists are usually excluded from bike case juries — took little more than an hour to agree that the prosecution’s case failed to meet the necessary burden of proof.

Never mind that most rational people would agree that the sudden, violent death of another human being should amount to more than just “oops.”

However, Wray’s attorney astutely played the Manny Ramirez defense, claiming the sun was in his client’s eyes at the time of the collision. And rather than pull over until he could see, proceeded to slam into two other people who had the misfortune of sharing the road with him.

At least when Manny used the excuse, he only lost the ball and allowed a few runs to score.

The crux of this case was CVC 22350, which reads:

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Unfortunately, as cyclist and attorney Dj Wheels points out, the problem for the prosecution was determining just what speed was reasonable under the circumstances. They were forced to argue that if Wray was truly blinded by the sun, he should have slowed down to a speed that allowed him to see the two riders, even if that meant coming to a full stop.

The defense countered that Wray understood the risk posed by the sun shining in his eyes, and slowed down to 35 mph in a 50 mph zone as a result.

Except that still wasn’t good enough. And a well-loved man died as a result, while another suffered road rash so severe that he required plastic surgery to repair the damage.

Yet the jury’s reaction was to be expected.

Virtually every driver has found him or herself in that same position at least once. And when they put themselves in Wray’s position, they had to ask what they would have done under the same circumstances.

Which, given the verdict, should serve as a frightening warning to everyone else on the road.

If you want to look on the bright side, it was a victory for cyclists that this trial ever came to court. The case was never strong, and it shows just how seriously authorities took it that charges were ever filed in the first place.

But my heart breaks for Caldwell’s family, who had to watch the man responsible for his death walk away, knowing he’ll never be held accountable in criminal court.

Maybe they’ll have better luck in civil court, where the burden of proof is lower.

Although this acquittal won’t help.

……..

Better news comes from the Orange County Transportation Authority in the form of OCLINK, which they describe as “an innovative and convenient pass that allows riders to hop on trains and buses throughout the county.”

According to their release, the OCLINK pass provides unlimited weekday transfers on a buses and Metrolink trains throughout Orange County for just $7 per person. As a result, OC cyclists can easily hop the bus or train to the riding destination of their choice — even if that happens to be in L.A. or Ventura County — then return home without breaking the bank.

For those of us a little further away, Metrolink is now offering an All-Weekend Pass for just $10 a person, allowing unlimited train rides from 7 pm Friday to midnight Sunday. And anywhere Metrolink travels throughout Orange, L.A., Riverside, Ventura and San Bernardino counties.

Which means you can now take the train to one of those great far-flung riding routes you’ve only heard about, then ride the rails back home without breaking the bank.

The downside is, like the long-despised and recently revoked Metro policy, Metrolink allows only two bikes per passenger car. Although rumor has it they’re considering a prototype bike car that will accommodate up to 20 bikes, making future group tours by bike and train a more viable possibility.

Maybe we should encourage that idea.

……..

LADOT Bike Blog has announced that the city’s long-awaited Bicyclist Anti-Harassment Ordinance is finally ready for final approval, and should come before the full council sometime in the next two weeks.

The groundbreaking ordinance, the first of its kind anywhere in the U.S., would make harassment of a cyclist a civil matter, rather than criminal, allowing riders to take threatening drivers to court themselves. And it contains a provision for legal fees, making it worthwhile for lawyers to take cases that might not otherwise be financially viable for them.

Meanwhile, reader Alejandro Meruelo writes to remind us that L.A. Mayor — and my CicLAvia riding buddy — Antonio Villaraigosa has asked for suggestions on how to make L.A. more bike-friendly.

Meruelo suggests using the Ask the Mayor website to encourage hizzoner to inform law enforcement officers that CVC 21202 allows cyclists full use of the lane under many, if not most, circumstances. While every LAPD officer should be well versed on the subject thanks to the department’s bike training video, it wouldn’t hurt to have a little official support from the mayor’s office. And it could carry a lot of weight with other law enforcement agencies that aren’t nearly as enlightened.

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The Times’ Hector Tobar talks with some of L.A.’s Ridazz, and decides that the city needs an attitude adjustment regarding bicyclists — concluding that we’re not only a part of the community, but have as much right to the roadway as anyone else.

And yes, that chill you felt was hell freezing over, as the Times has officially crossed over to our side.

Mostly.

Contrast that with this absurdly biased anti-bike lane piece from New York’s WCBS, which argues that city streets should accommodate the 90% in cars and buses, rather than making space for the 10% who ride bikes — even if those bike riders make more room for everyone else. And suggests the danger posed by theoretical bomb-laden bicyclists, who might conceivably use the new lanes to roll up in front of the Israeli consulate.

Because terrorists evidently aren’t brave enough to take the lane in New York traffic.

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Bike friendly ad agency Colle+McVoy — the people behind my all-time favorite bike-to-work ad (scroll to the bottom) — has created a Facebook app to let the world know you’re out on your bike. Just download the app, and it will replace your profile photo with the Out Biking image when you ride.

Although I’m not sure I want my clients — or my wife — to know I’m out riding when I should be working.

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Finally, thanks to George Wolfberg for forwarding this photo from Jonathon Weiss, showing the new bike-friendly ads on the back of Santa Monica’s Big Blue Buses. I was pleasantly surprised to see that one myself the other day, but was a little too busy trying to survive the obstacles blocking the Ocean Ave bike lanes to grab a photo myself.

Evidently, Santa Monica drivers assume that if we can use their lanes, they can use ours.

Casting a critical eye on Times columnist Sandy Banks’ Wilbur Ave auto-centric bias

You didn’t really think I was going to forget about Sandy Banks, did you?

CicLAvia may have pushed her recent one-sided column about the Wilbur Avenue road diet to the back burner. But far from out of mind.

There it was on Saturday morning, on the second page of the L.A. Times — the same paper that recently flaunted their new journalistic standards by replacing their front page with an ad for Law & Order Los Angeles.

And don’t get me started on the entirely inappropriate photo that accompanied Banks column.

Maybe all the paper’s photographers had the weekend off. Or maybe they were stuck in Valley traffic and couldn’t make it back in time to meet the paper’s new early press deadline.

Still, I expected better from her.

Her column usually focuses on feel-good stories about her family life, or those of ordinary Angelenos trying to make it in this megalopolis we call home.

This time, though, it was all about her anger and frustration over the road diet that cut Wilbur from four through lanes to two, making room for a center turn lane with bike lanes on either side.

For years, Wilbur Avenue had been a free-flowing community secret, a commuter street that bypassed the congestion of Northridge’s main routes. Then a “street improvement” project last month turned our speedway into a parking lot.

It wouldn’t have taken much research to reveal that her speedway was never intended as a bypass to the Valley’s more crowded boulevards, as drivers turned what should have been a quiet, safe residential street into a cut-through throughway that only benefitted the people who don’t live there.

The road diet merely returned a little sanity to a single local street. And if that slightly inconveniences the people who don’t live on it, it’s a small price to pay to preserve the livability of the neighborhood.

Despite denials from the people who should actually know, she also suggests that the mayor’s recent Road to Damascus conversion to bike advocate may have had something to do with the sudden, unannounced striping of bike lanes — forgetting that we live in a dysfunctional city where bureaucrats seldom speak to one another, let alone the public. And even though she notes herself that bike lanes have been slated for that street since 1996.

Then again, she’s probably not the only one who was shocked that something from the ’96 bike plan actually made it onto the streets.

Despite talking to LADOT’s John Fisher and Bikeways Coordinator Michelle Mowery, she fails to mention that the actual purpose of the road diet was to slow high-speed drivers like herself and return a little sanity to Wilbur Avenue. Or that the bike lanes were added almost as an afterthought because there was finally room for them.

Instead, she based her entire column on the mistaken concept that her inconvenience was due to the city giving cyclists priority over drivers.

Like that would ever happened here.

Needless to say, she had 12th District City Councilmember Grieg Smith, who never met a speed limit he didn’t want to raise, firmly in her corner.

“Wilbur is the wrong street for this kind of improvement,” said Smith, his sarcasm clear. His district office is on Wilbur, at the bike lane’s southern terminus. “I’ve driven that street for 30 years, and I have probably seen a total of 30 bicycles on Wilbur in all that time.”

Maybe he really was blindsided by the unannounced road diet. On the other hand, you’d think a council member would be able to pick up the phone and find out what’s going on in his own district.

And why.

Instead, he responded in typical knee-jerk, car-centric, anti-bike fashion, saying that the 98% of the public who drives shouldn’t be inconvenienced for the 2% on two wheels.

Never mind that many of us do both. And a lot more might if they felt safer on the streets of the council member’s own district.

In fact, the city’s new bike plan suggests that up to half of L.A. adults ride a bike from time to time, and roughly 12% ride on at least a monthly basis.

Smith should also know, as the mayor and many of his peers on the City Council seem to have figured out, that this city can no longer afford the same failed focus on automotive throughput that has destroyed the livability of many parts of our city. By focusing all our efforts on moving more and more cars through our streets, we have created gridlocked streets, destroyed our air quality and blighted countless pass-through neighborhoods.

On the other hand, by providing effective alternatives to driving — like well-designed bike lanes, for instance — we can create a safer, more walkable, ridable and livable Los Angeles that will improve the quality of life for everyone.

What we need to do is increase our 1% share of bike commuters on the street to the nearly 6% in Portland — or even the 3% currently enjoyed by San Francisco — rather than mercilessly drive them off the streets as Smith would do.

And make it safer and more convenient for people to leave their cars at home for short errands around their own neighborhood, which currently account for nearly half of all car trips.

Then everyone would benefit from the reduced congestion.

Even drivers like Banks who feel hopelessly inconvenienced by the first baby steps to get there.

Damien Newton looks at the Wilbur Ave controversy, and embeds a report from KNBC-TV 4.

Reports indicate that last night’s Northridge West Neighborhood Council meeting did not go well for the cyclists in attendance. Word is that drivers are on the offensive, and ready to steamroll cyclists and local residents to regain their high-speed Wilbur Avenue throughway. Although how effective it would be now that they’ve told everyone about their secret speedway is another matter.

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Frequent Kiwi contributor the Trickster forwards a link to a fascinating Aussie study of the role of traffic violations in collisions reported to the police. In over 6,000 crashes between bikes and motor vehicles, the cyclist was found at fault in 44% of the time, while cyclists were held at fault in 66% of crashes between bikes and pedestrians. However, you may want to note that the results are based on police reports, without independent analysis of their investigations.

He also forwards a report on a study of cycling injuries in Australia that suggests efforts to improve road safety for drivers have done little to improve safety for cyclists, and that cyclists are over-represented in their share of traffic injuries and under-represented in efforts to prevent them.

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Still more cicLAvia news, with photos from This Girls’s Bike, a report of Grist and an out of town visitor’s view of our fair city, Metro and a car-free Sunday from Plan Bike. Meanwhile CicLAvia wants your ideas for the next one.

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The Source offers an update on Metro’s bike efforts. New bike racks at the CARECEN day labor center in MacArthur Park. Photo’s from San Diego’s Tour de Fat, which will be hitting L.A. on the 23rd. It’s back to Vegas after all for Interbike. Portland looks beyond cyclists to promote biking as an everyday means of transportation. Cycleliscious updates the Black Hawk bike ban, along with new rules for large rides in lieu of the proposed ban in St. Charles County MO. St. Louis blocks many streets already, so why not let bikes through? Crain’s New York Business asks if the city should give up on Manhattan bike lanes; so far, the vote is running 9 to 1 in favor of keeping them. It’s fall back in the midlands. After killing a cyclist, a London dump truck driver is fined £165 and forced to get new glasses.

Finally, Hermosa Beach officials want your input regarding the sharrows on Hermosa Avenue; if you’ve ridden them, you know how effective they are; if not, they’re the gold standard for what SoCal sharrows can and should be.

Evidently, we should be glad there’s such a low turnout in local elections

Back when I was in college, one of my Political Science professors gave a lecture about low voter turnout in the U.S.

He pointed out that far more people turn out to vote in formerly totalitarian countries, because they understand the true value of the freedom we take for granted.

Then he flipped through a few surveys, highlighting the percentages of people who hate blacks, Jews, gays and other assorted minorities. As well as those who believe the moon landing was fake and the Earth is flat.

His point was that a lot of people don’t vote.

And maybe we’re better off for it.

Case in point, the 91 and counting comments that followed the brief story on the Times website about the proposed bicyclist anti-harassment ordinance. The overwhelming majority of which were of the standard “I’ll respect bikes when they (choose one or more of the following): respect the law, stop for red lights and stop signs, signal, stay on the sidewalk, stay off the sidewalk, get out of the lane, get out of my way, get a life, grow a pair, and/or stop wearing those ugly clothes.”

I read ’em so you won’t have to. You can thank me later.

Take these two, for example, which pretty much sum up the tone of today’s conversation (and yes, I’ve left the spelling and punctuation exactly the way I found it):

Im a fireman. Experience has shown me that SPANDEX AND HEAVY STEEL DONT BELONG ON THE SAME ROAD!!!!!! Common since. Legislation is not going to change physics! Ride at your own risk!

Posted by: Steve | January 28, 2010 at 11:06 AM

Bicyclists are full of it. There are legally obligated to follow the motor vehicle code. However, I see them run stops signs, run redlights, and make sudden lane changes without signaling all the time.

If bicyclists want respect, they need to follow the rules of the road.

Posted by: Stump Barnes | January 28, 2010 at 11:09 AM

Then there was this one:

Here’s some ideas how to get people to be more vehicle friendly with cyclists;
1.Get cyclists to be more courteous with vehicles & pedestrians
2.Get cyclists to start opeying all driving laws
2. Require all cyclists to install I.D. licence plates on their bike’s so they can be identified when they either break a law, cause an accident, or start somesort of road rage.

Cyclists are known to be rude, obnoxious, law breaking jerks for the most part. They use strong profanity, they spit, they flip you the bird, and they provoke fights, knowing that they can easily get away because they can’t be identified. They seem to have all City Officials on their side, and since they are not wasting gas or polluting the air, they get away with just about anything. What’s it going to take to get Officials to wake up and realize that the root of the problem is the cyclists themselves.

Posted by: Dave Reynolds | January 28, 2010 at 10:12 AM

Dave, have you ever considered that if you’re running into so many rude, obnoxious, swearing, spitting, finger-flipping, fight-provoking, law-breaking jerks, that maybe, just maybe, the cyclists aren’t the problem?

Just a thought.

Anyway, after reading all those comments, I was truly shamed, realizing for the first time what dangerous scofflaws we cyclists must be. And understanding that, yes, these people are right to harass us because we pose such a risk to their two+ tons of glass and steel.

I mean, I might actually dent the bumper and get blood on their shiny paint and stuff.

So when I set out to ride today, I took notice of the drivers around me, hoping to learn from their example how to properly assume my place on the road.

Imagine my surprise.

Three of the first four drivers I saw ran stop signs. Not just a rolling stop, mind you — that’s what the fourth one did — but full blown, not slowing down don’t care if you’re in the way I’m coming through anyway stop sign running.

And for the first 1.83 miles, I didn’t see a single driver use a turn signal — and yes, I did make a note of it, because it was so surprising when someone finally did. And no, he wasn’t the first one to turn or make a lane change.

Far from it.

Then there were these four rocket scientists of the road.

I encountered the first two as I sat waiting at the front of the intersection for a light to change, just to left of the right turn lane. Next to me was a small utility truck, which kept inching forward. So I gestured to the driver, pointing out the “No right turn” sign directly ahead of him. Evidently, though, it doesn’t apply to small utility trucks, because he made his turn anyway.

Then the SUV behind him pulled up to the light. Unlike the previous driver, she waited patiently in the right turn lane until the light changed. Then went straight, nearly forcing me into the car on my left before she cut in front of both of us and sped off down the road.

But not before giving me the finger.

Although, to be fair, that was after I called her a jackass. Which I thought showed remarkable restraint, given the circumstances.

Then there was the driver in the Escalade, who saw me signal to move left into the traffic lane. And responded by speeding up to cut me, forcing me to jam on my brakes to avoid rear-ending the parked car ahead of me. Because there just wasn’t room for a massive Escalade and a bike in the same lane at the same time.

The real winner, though, came when I pulled up behind a car that was stopped at a stop sign, waiting patiently for a woman to cross the road. So the driver behind me crossed the yellow line onto the wrong side of the road, passing us both, then blew through the stop without slowing down — forcing the pedestrian to dodge out of his way.

So yes, I can easily see why all these people think we’re such dangerous, law-flaunting outlaws, undeserving of equal protection from law enforcement, since that right is reserved for real, law-abiding, gas-guzzling Americans.

I take comfort, though, in knowing that most of these self-proclaimed traffic law experts probably won’t be voting in the next election.

Oh, and Dave?

“Licence” is usually spelled with an “s.”

I’ll let you figure out where to put it.

We’re here. We ride. Get used to it.

Let’s go back to those Letters to the Editor we were discussing yesterday, now that the Times finally has them online. (You may have to search for the letters the paper printed on Saturday.)

The first printed letter, signed by Cecelia Grace of Los Angeles, ends with this: Motorists will respect cyclists when cyclists respect the rules of the road.

In other words, drivers don’t need to drive safely around us, because we just don’t deserve it. It’s our fault that, because of our bad behavior, they get mad and run us off the road. Isn’t that the same excuse every spouse batterer used? It’s not my fault, because you made me do it.

Or from the second letter they published on Saturday, from Lillie Reines of L.A., referring to those bad, bad people who ride for recreation: They are the ones who come steaming down the curves and cut off cars pulling out of driveways. They are the ones who encourage road rage.

Yes, she actually wrote that we encourage road rage. And the Times, for reasons that will forever escape me, actually printed it.

So let’s just make this as clear as humanly possible:

No one encourages a road rage incident, any more than they encourage a drive-by shooting.

Yes, there are rude cyclists, as well as riders who seem to feel the law does not apply to them, just as there are drivers — and pedestrians, for that matter — who demonstrate the same dangerous traits.

But no one deserves to be the victim of violence. Not drivers. Not pedestrians. And certainly not cyclists, no matter how egregiously rude or law-flaunting they may or may not be.

The simple fact is, a motor vehicle is not a weapon, nor is it an instrument of justice. It is not a tool of divine retribution or an outlet for even the most righteous anger. It is, simply, a car. A means of transportation. A way of getting from here to there.

And we are not your victims.

Cyclists may or may not deserve your respect, but you are required to give it, nonetheless. That is the agreement you make when you accept a drivers license. We are legally entitled to use the roadway, and you are legally required to let us do so, no more or less than you would any other vehicle.

And there is nothing we can do on or from the seat of a bicycle that would justify anyone using a vehicle as a weapon against any one of us, or any other human being. Nothing we may do gives you the right to kill, maim, injure or threaten us in any way.

Nothing.

So if a cyclist impedes your progress or breaks the law, call the police. It’s their job, let them deal with it.

If a rider is rude or insulting in any way, feel free to be rude in return. Give him the finger. Yell something. Or better yet, be the better man — or woman — and turn the other cheek. Just grit your teeth, go around him and get on with your life. You can tell your friends all about it later, as they nod in agreement and chime in with their own stories about all those rude and aggressive cyclists.

And we can go home to our wives, husbands, children, dogs, cats and/or goldfish.

Because, like it or not, we have a right to ride.

We have a right to the road.

We have a right to live.

And we’re not going anywhere.

 

According to yesterday’s article in the Times, anecdotal evidence suggests that more people are taking up cycling (sorry, drivers), and we need to find a way to live together. If you don’t like sharing the streets with us, it could be worse — according to the Bottleneck Blog’s Steve Hymon, we could be passing you the next time you’re stuck in gridlock on the 405. And LAist points out that those on two feet can be just as annoying as those of us on two wheels.