Here is what Texas law has to say about impediment in general,

Sec. 545.363(a).  MINIMUM SPEED REGULATIONS.  An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

There is mention of the responsibilities of cyclists with respect to impeding the normal and reasonable flow of traffic. However the context differs from that which most might believe.

Sec. 551.103(c).  OPERATION ON ROADWAY. Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway.

In fact, the Texas Transportation Code excepts consideration of a bicycle operating in a vehicular manner as an impediment with the following language,

Sec. 551.101(a)(2).  RIGHTS AND DUTIES.  A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.

Bicycles are defined as vehicles. Physical and physiologic limitations make it all but impossible for a cyclist to maintain a velocity much above 35kph. The average is closer to 25kph. If the operator of a bicycle is making effort, to the best of their ability, to travel at a reasonable speed, there is no impediment. A notable exception being those conduits which have a minimum posted speeds, but those are few and far between. Otherwise, the law and reasonable accommodation favor the cyclist.

Similar analyses have been shared by other competent, experienced vehicular cyclists. Mighk Wilson did so in May and couched it under the same statutory framework. An earlier example includes a piece written by Bob Mionske, in 2006, responding to correspondence he received from a Minnesota cyclist in VeloNews. The simple fact is that cyclists cannot be guilty of impeding other traffic so long as every attempt is made to maintain a reasonable pace and accommodate the needs of other vehicles to the extent that is safe and logical. As a legally recognized vehicle, bicycles have the same rights and responsibilities as any other operator.

The OED defines possible as,

That [which] is capable of being; that may or can exist, be done, or happen (in general, or in given or assumed conditions or circumstances); that is in a person’s power, that a person can do, exert, use, etc.

Furthermore, practical is defined as,

relating to practice or action, as opposed to speculation or theory; capable of being put to use. Frequently designating that area of a particular subject or discipline in which ideas or theories are tested or applied in practice.

Finally, practicable is defined as,

Able to be done or put into practice successfully; feasible; able to be used; useful, practical, effective.

While all three of these terms are adjectives, their similarity ends there. The statute mandates practicability, while almost universal interpretation is to understood the word to mean possible. Practicality allows for the use of evaluative discretion when adhering to application of the rule. An accepted rule of operation is to maintain a distance of at least one meter from the curb face as a base alignment. If there are extenuating circumstances, then the cyclist is permitted to ride further left …even to take the entire lane. This concept is covered in more detail elsewhere. The focus of this discussion is comprehension.

Interpreting practicable as meaning possible does a disservice to cyclist and motorist alike and derives from selfish wishful thinking and ignorance. Any belief that a bicycle must be operated as near as possible to the curb compromises the safety of he cyclist in myriad ways. Gone is any route of escape if some sort of serious pavement damage is encountered. Whether it be a large pothole, a seam separation, uneven surface or other blemish, if the cyclist is aligned as near as possible to the curb, there is no choice but to meet the defect head-on. Deviation to the right will likely result in a crash, as the cyclist rides into or upon the curb. Meanwhile, movement to the left risks severe injury or death due to the great potential for intercepting an overtaking motor vehicle. These scenarios are dangerous to the cyclist and contribute to the psychological issues afflicting the unskilled and inexperienced.

Any confusion between practicable and practical is due entirely to deficient reading comprehension. Inasmuch as they exist as near homophones, one could be excused for confusing the two words. However, the definition of practical exempts it from consideration for logical application to vehicular cycling principles. Riding to the right of faster, overtaking traffic can be a practical application of the rules and regulations governing vehicular operation. However, one cannot ride as far to the right as practical.

The misinterpretation of practicable as meaning practical or possible is yet another example of the harmful effects of general ignorance. Whether manifest as a motorist who barks at the cyclist to move further right or get on the sidewalk or the cyclist who cowers at the right-hand edge of the roadway, cringes at the close proximity within which overtaking motorists pass and whines for separated facilities, the misunderstanding resulting from this confusion of intent has the potential for compromising the right to operate a bicycle as a vehicle on the roadway. Some have suggested that “laws are only interpreted in our favor by [vehicular cyclists]“. This is a dangerous supposition, which, if true, opens the door to revocation of the standing of bicycles as legitimate vehicles, especially if legislators, the courts and law enforcement follow suit.

All parties involved must become enlightened regarding the definition and intent of the law as it currently exists. It is only through this comprehension that respect and coexistence can follow. More importantly, vehicular cyclists — as well as those who claim to act as lobbyists and advocates on our behalf — must work to have the FTR rule removed from statutes. It is a redundant regulation, existing elsewhere in statute as applicable to vehicle operation in general. Bicycles are legally recognized vehicles; so, once is enough.

a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway…

By far the most important term in this passage is also the most misinterpreted. Almost without exception, the word practicable is misrepresented, in conversation and print, as meaning possible. This fact has always been puzzling. These terms are not synonymous.

Practicability is a concept permitting the consideration of safety and efficacy when determining alignment. It allows one to ride further to the left if there are any of a number of hazards or potential hazards which would present the potential for unpredictable, unsafe or erratic operation. Examples include collected debris, standing water, deterioration or erosion of the road surface, uneven pavement, et cetera.

The misinterpretation of practicable as meaning possible is, perhaps, the most egregious mistake made by cyclist and motorist alike. Law enforcement is guilty of the same. It is this very misunderstanding which leads annually to crashes like the one last week in Austin, another in early June in Dallas, and many others.

A serious mistake often exhibited when citing this passage of law is neglecting to consider the exceptions. The following exclusionary criteria exist in the Texas statute with respect to the FTR rule governing bicycle operation.

(1)  the person is passing another vehicle moving in the same direction;
(2)  the person is preparing to turn left at an intersection or onto a private road or driveway;
(3)  a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4)  the person is operating a bicycle in an outside lane that is:
(A)  less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B)  too narrow for a bicycle and a motor vehicle to safely travel side by side.

Many of these are obvious and, frankly, redundant. Compare exceptions one through three to section §545.051 of the transportation code covering general vehicular operation.

DRIVING ON RIGHT SIDE OF ROADWAY.  (a)  An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless:
(1)  the operator is passing another vehicle;
(2)  an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that:
(A)  is moving in the proper direction on the unobstructed portion of the roadway; and
(B)  is an immediate hazard;
(3)  the operator is on a roadway divided into three marked lanes for traffic; or
(4)  the operator is on a roadway restricted to one-way traffic.
(b)  An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is:
(1)  passing another vehicle; or
(2)  preparing for a left turn at an intersection or into a private road or driveway.

The wording is almost identical: §551.103(a)(1) is nearly verbatim with §545.051(b)(1); likewise §551.103(a)(2) is quite similar to §545.051(b)(2); and §551.103(a)(3) is an aggregate of sorts for §545.051(a)(2). Revisiting the redundancy represented by SB488, these statements largely reiterate existing language applicable to general vehicle operation as it pertains specifically to bicycle operation. Given that a bicycle is a legally recognized vehicle in Texas, one is prompted to question why lawmakers felt the need to single out cyclists for specific reiteration. It constitutes a compelling reason for the Texas Bicycle Coalition to focus their efforts on repeal of the FTR rule during future legislative efforts, rather than their seemingly persistent endeavors to augment redundancy.

Unique to the statutes governing vehicular bicycle operation is 551.103(a)(4), “unless the person is operating a bicycle in an outside lane that is less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or too narrow for a bicycle and a motor vehicle to safely travel side by side.” Understanding this language is critical to the discussion, because, by far, the majority of outside lanes in metropolitan settings are less than fourteen feet in width. This sub-section of the code specifically entitles a vehicular cyclist to claim full possession of the lane. So long as at least one additional inside lane exists — into which an overtaking motorist may safely move to pass — occupation of the entire lane does not constitute an impediment. Where only one lane exists in either direction and it is not wide enough to share, the cyclist — by virtue of physical and design limitations — effectively sets the prevailing speed. In circumstances such as the latter, it is at the discretion of the cyclist determine whether it is safe and efficacious to pull aside and allow motorists to pass. If more cyclists were able to comprehend these concepts and employ them on a regular basis, the entire argument pertaining to a perceived need for safe passing buffers would be moot.

As citizens, we are taught from a young age that ignorance of the law is no excuse. By the same token, ignorance of the meaning of the law is not an acceptable defense either. It behooves motorist and cyclist alike to become familiar with the terminology employed in legal discourse. It could save your life!

See the notice below for the agenda and other information.

——————————————————————————–

SENATE
NOTICE OF PUBLIC HEARING

COMMITTEE:   Transportation & Homeland Security

TIME & DATE:  10:00 AM, Thursday, August 20, 2009

PLACE:            NCTCOG offices, Arlington, Texas

CHAIR:            Senator John Carona

The Senate Committee on Transportation and Homeland Security will convene in Arlington, Texas, at the North Central Texas Council of Governments (NCTCOG) offices on August 20, 2009.  The NCTCOG building is located at 616 Six Flags Drive, Arlington, Texas, 76011, and the Committee will meet in the Transportation Council Room on the first floor. The Committee will receive invited testimony from entities including:

• - The Governor’s Office of Homeland Security
• - The Governor’s Division of Emergency Management
• - The Texas Adjutant General’s Department
• - The Texas Department of Public Safety
• - The Texas Department of State Health Services
• - The Texas Department of Transportation
• - The Texas Transportation Institute (TTI)

Topics to be discussed may include, but are not limited to, border security, traffic safety, the H1N1 virus, the TxDOT management audit, HOV lanes, stimulus funding, high speed rail, transportation finances, the TTI Mobility Report, and updates on agency activities.

The Committee will also receive public testimony.  If you would like to testify, please limit oral remarks to 3 minutes.  If you would like to submit written testimony, please submit 15 copies, with your name on each copy, to the Committee Staff at the hearing.

The entire concept that motorists have any rights in relation to bicyclists is condescending and dangerous. Both classes of vehicle operator are afforded nearly identical rights and duties to access and make use of the public roadway for the purpose of transportation from one point to another. Neither has a codified right toward the other.

Furthermore, the only responsibility a motorist has toward a cyclist is to respect their aforementioned, legally recognized right to free travel upon the roadway. §525.001 of the Transportation Code mandates the “Department of Public Safety shall include motorcycle and bicycle awareness information in any edition of the Texas driver’s handbook.” In addition, §551.101(a) states that “[a] person operating a bicycle has the rights and duties applicable to a driver operating a vehicle.” No expression that one or the other operator class was any right or responsibility in relation to the other — only the inferred responsibility that motorists recognize cyclists’ right to operate a bicycles as a vehicle.

Chapter 13 of the current Texas Driver Handbook is dedicated solely to the topic of Bicycle Vehicle Law and Safety. Its content is reproduced below, in its entirety, for reference.

CHAPTER 13
BICYCLE VEHICLE LAW AND SAFETY

BICYCLE TRAFFIC LAW

1. “Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 14 inches in diameter.

2. “Vehicle” means a device, in, or by which any person or property is or may be transported or drawn on a public highway, other than a device used exclusively on stationary rails or tracks.

3. A bicycle is a vehicle and any person operating a bicycle has the rights and duties applicable to a driver operating a vehicle, unless it cannot, by its nature apply to a person operating a bicycle.

4. A bicyclist should always obey all traffic laws, signs, and signals. Never ride opposite the flow of traffic. Stop at all stop signs and stop at red lights.

5. A person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as possible to the right curb or edge of the roadway unless:

a. The person is overtaking and passing another vehicle proceeding in the same direction.

b. The person is preparing for a left turn at an intersection or onto a private road or driveway.

c. There are unsafe conditions in the roadway such as fixed or moving objects, parked or moving vehicles, pedestrians, animals, potholes, or debris.

d. The lane is too narrow for a bicycle and a motor vehicle to safely travel side by side.

6. A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as possible to the left curb or edge of the roadway.

7. Persons riding two abreast shall not impede the normal and reasonable flow of traffic on the roadway. Persons riding two abreast on a laned roadway must ride in a single lane.

8. A person riding a bicycle shall not ride other than upon or astride a permanent and regular seat.

9. No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped.

10. No person riding a bicycle shall attach the same or himself to any streetcar or vehicle upon a roadway.

11. No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.

12. Bicyclists may ride on shoulders.

13. Bicyclists may signal a right-hand turn using either the left arm pointing up or the right arm pointed horizontally.

14. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

15. Every bicycle in use at nighttime shall be equipped with the following:

a. A lamp on the front which shall emit a white light visible at a distance of at least 500 feet to the front of the bicycle.

b. A red reflector on the rear of a type approved by the Texas Department of Public Safety which shall be visible from distances 50 to 300 feet. A red light on the rear visible from a distance of 500 feet may be used in addition to the red reflector.

16. Hearing-impaired bicycle riders may display a safety flag.

BICYCLE SAFETY GUIDELINES

1. Although not required by law, it is highly suggested that bicycle riders wear an approved bicycle helmet.

2. When riding on pedestrian facilities, reduce speed and exercise caution.

3. Do not weave in and out of parked cars.

4. Move off the street to stop, park, or make repairs to your bicycle.

5. A bicyclist should select a route according to the person’s own bicycling skill and experience.

6. It is not required by law, but bicycles should be equipped with a mirror.

WET WEATHER RIDING

The visibility of motorists is greatly decreased. Wear highly visible clothing when riding on a bicycle. Water makes certain surfaces slick. Be aware of manhole covers and painted stripes on the road. Water obscures some hazards. Watch for potholes filled with water.

COMMON MOTORIST MISTAKES THAT BICYCLE RIDERS SHOULD KNOW

1. The most common motorist caused car-bicycle collision is a motorist turning left in the face of oncoming bicycle traffic. Oncoming bicycle traffic is often overlooked or its speed misjudged.

2. The second most common motorist caused car-bicycle collision is a motorist turning right across the path of the bicycle traffic. The motorist should slow down and merge with the bicycle traffic for a safe right-hand turn.

3. The third most common motorist caused car-bicycle collision is a motorist pulling away from a stop sign, failing to yield right-of-way to bicycle cross traffic. At intersections, right-of-way rules apply equally to motor vehicles and bicycles.

The reader will note that there is no reference to “motorists’ rights and responsibilities in relation to bicyclists.” In fact, the only reference to motorists at all concerns warnings to bicycle operators that “[t]he visibility of motorists is greatly decreased” during inclement weather and noting three “common” mistakes motorists make when interacting cyclists. Nowhere is a motorist right expressed, with respect to cyclists. Also lacking is any responsibility on the part of the motorist other than recognition that a “bicycle is a vehicle and any person operating a bicycle has the rights and duties applicable to a driver operating a vehicle, unless it cannot, by its nature apply to a person operating a bicycle.”

Yet again, an accomplishment TBC considers a feather in its cap is little more than successful implementation of unnecessarily redundant language in the Transportation Code. Had they worded the language of the bill in such a way as to promote requiring exam questions mandating bicyclist awareness, said accomplishment would have been meritorious. As it stands, though, they did little more than codify the inferential subjugation of bicyclists by motorists.

Semantics are an important part of the legal process. One seemingly innocent mistake in verbiage can provide a loophole through which future lobbyists and legislators may seek to drive a Mac truck roughshod over the rights of cyclists to operate a vehicles.

There can certainly be no doubt that TBC is the “designated statewide nonprofit organization” to which all proceeds from §504.633 (“Share the Road” plates) are currently directed and all proceeds from §504.648 (“God Bless Texas”/”God Bless America” plates) will be directed, effective immediately. They were instrumental in drafting the language used in HB2971 which led to the creation of the “Share the Road” specialty plate, the TBCEF is specifically referenced as the consulting group with which the TEA was to work when creating the design, and their yearly audits from 2004 through 2008 have line item revenue notations citing income from this plate.

Since 2003, TBC has earned at least $256,752 from the issuance of “Share the Road” specialty plates. The legislation creating this revenue source explicitly states 75% of all proceeds are to go to the implementation of “bicyclist safety, education, and access through education and awareness programs and training, workshops, educational materials, and media events”, with the remaining 25% being “used to support the activities of the nonprofit organization in marketing and promoting the share the road concept and license plates”. Where has the $192,564 from 2004-2008 been spent? Their audits do not offer specifics in this regard, only generalities such as “Public information/education”, “Conferences and meetings”, and “Other”. Given the number of timid cyclists whining for special consideration and facilities, their education and training programs appear to leave a great deal to be desired. Nevertheless, they will now be rewarded with up to five-fold additional funds to manage the Safe Routes to School (SRTS) Program.

The original legislation for the “Share the Road” and “God Bless Texas”/”God Bless America” plates did not specify the individual impacts of each specialty plate to the General Revenue Fund; only a cumulative net revenue gain of $969,000 overall was forecast. Judging from the annual TBC audits, roughly $55,000 per year flowed into the coffers of the TBC from the “Share the Road” plates between 2004 and 2008. Fiscal analysis of SB161 suggests a projected revenue transfer (from the State Highway Fund to the Share the Road Fund) of an average $273,000 per year between now and 2015. A comment submitted in resonse to the “TBC Agenda” analysis mused as to whether this revision to the specialty license plate statute was a money grab. It certainly looks that way.

SB161 specifically states the revenue must be spent in support of the SRTS Program. The legislation creating SRTS — HB2204, the so-called “Matthew Brown Act” (77R) — did so under jurisdiction of the Texas Department of Transportation. Its original charter was to “establish and administer a Safe Routes to School Program to distribute money … to political subdivisions for projects to improve safety in and around school areas.”

Eligible projects included:

• installation of new crosswalks and bike lanes
• construction of multiuse trails
• construction and replacement of sidewalks
• implementation of traffic-calming programs in neighborhoods around schools
• construction of wide outside lanes to be used as bike routes

Only items one and two could be logically considered to fall under the purview of an organization like TBC. Even then the oversight is not direct; only tangential, through lobbying. SB161 stipulates that revenue realized from the sale of plates “may only be used by the Texas Education Agency to support the Safe Routes to School Program of a designated statewide nonprofit organization whose primary purpose is to promote bicyclist safety, education, and access through education and awareness programs; and training, workshops, educational materials, and media events.”

Interesting. The TBC had a Safe Routes to School Program; it was created as a pilot project in 2004. Information is available on their website. (Pay particular attention to the dates on the linked pages – they have not been updated in nearly three years.) Since then it has gone nowhere and, in fact, ended in late 2007. They were expecting a grant from the Texas Transportation Commission to fund permanent establishment and expansion of the program, but were declined. In March of 2008, they make the following statement with respect to their participation with a nationwide bi-lingual bike safety program.

It is based on TBCEF work in Amarillo through the now-ended BikeTexas Safe Routes to School Program (funded by the U.S.DOE Carol M. White Physical Education Program from 2004 to 2007).

If TBC no longer has a Safe Routes to School, how will they be able to comply with SB161 and direct spending of the “God Bless Texas”/”God Bless America” revenue? Is there another “designated statewide nonprofit organization” to handle this task?

This is all very curious. Just what is TBC up to? It would seem no good. Given the relatively modest income generated by the “Share the Road” plates, when compared to their robust expenditures for lobbying, one is justified in asking what specific education and safety programs they have initiated and promoted. Now that an additional quarter million dollars per year is slated to flow their way, by law, it must be funneled into a Safe Routes to School program; something they no longer have. Assuming they are the “designated statewide nonprofit organization” in question, taxpayers and TBC constituents must demand to know what the organization is planning to do with this money.

Of the four pieces of legislation the DMN chose to critique, they gave the least print space to SB488.

Likewise, we question his veto of the bicyclist protection bill. Perry said this legislation would have duplicated existing state law.

In both instances, the bills would have added teeth to existing legislation.

The choice of words selected by the editorial staff if interesting – “bicycle protection bill.” Of course, that is precisely what it was, but the proponents went to great length to always refer to it as the “vulnerable road user bill.” As discussed elsewhere, this proposed legislation was intentionally broadened to include a whole host of, primarily, pedestrian classes. Pedestrians are not design road users and, as the governor correctly noted, “a pedestrian is required to yield the right of way to a motor vehicle, unless he or she is at an intersection or crosswalk.”

Including pedestrians was a very big flaw in the wording of the legislation. Attempting to suggest parity between legitimate, recognized vehicles (e.g. cyclists, motorcyclists, operators of farm implements and equestrians) with pedestrians is disingenuous. Legitimate, recognized road users have codified guidelines by which they are required to operate. Under §541.001 of the Transportation Code, a pedestrian is defined as a “person”, while bicycles, motorcycles and farm implements are all defined as “vehicles” under §541.201. The attempt to create an amalgam of these two classes to achieve a specific agenda creates the potential for a loss of status by one or both groups.

In the case of SB488 the legislation would not have “added teeth to existing legislation.” It would reduced our legitimacy and potentially led to more discrimination and disrespect.

Many competent vehicular cyclists have been against the perceived need for special legislation specific to cyclists from the beginning. Those who favor Bills like this are almost without exception those who either lack the knowledge and experience to operate as competent vehicle operators on the road or represent organizations who, through their failure to convince the first group of the need for vehicular training, resort instead to placating the whims of the timid.

History

The first attempt to pass “Safe Passing” legislation in Texas took place in 2005. Senator Rodney Ellis (D-Houston.13) submitted SB-859, with Deuell and Shapleigh as co-authors. It constituted a revision to Chapter 545 wherein a new sub-section, 0535, would define the “safe distance” for passing a cyclist on the roadway and ascribing penalties for violation. It died in committee when, upon second reading, Ellis called to suspend regular order to consider the Bill. The motion failed the required two-thirds vote and was killed.

Another attempt to quantify a “Safe Passing” distance as applicable to cyclists, uniquely, took place two years later, in 2007. Again, it was Senator Ellis who submitted SB-248; he was joined as co-authors by Senators Carona, Lucio, Van de Putte and Watson, with Representative Linda Harper-Brown as House sponsor. Initially, the language was essentially identical to that of the attempt in 2005.

On the fifty-seventh day (20070508) of the session, upon second reading of the Bill, Senator Dan Patrick (R-Houston.07) offered two ammendments. The first would have essentially limited the scope of the statute to highways by removing the word “street” (failed); the second would have mandated the use of a mirror by the bicyclist (failed). Upon failure of these proposals, Senator Kim Brimer (R-Fort Worth.10) proposed a third amendment which would have added the statement “or was operating on a public road that does not have a paved shoulder” to §551.104(b)(2) (passed), effectively strengthening the MBL/MSL rule.

The legislation returned for consideration and a third reading on the fifty-eighth day (20070509) of the session. Once again, Senator Patrick proposed an amendment. This one would have completely removed language in §551.104(b)(2)(A) allowing a red reflector visible to the rear of a bike to a distance of 50-300 feet and mandated the use of a red lamp visible to 500 feet. It passed overwhelmingly.

Ultimately, the proposed legislation died while awaiting placement on the General Calendar.

Present

Following that brief history, we arrive at the 81st Legislative Session (2009). The story begins in the House, this time. Representative Linda Harper-Brown (R-Irving.105) filed the draft of HB-273 on 17 November 2008. It is somewhat interesting to note that a Republican lawmaker initiated the legislation this time. Her version contained almost identical language to that submitted in 2005 and 2007. It was read for the first time on 17 February 2009, where it was referred to the House Transportation Committee …never to be heard from again.

On the same day, in the Senate, Senators Ellis and John Carona (R-Dallas.16) were joint authors of a Bill, SB-488, which greatly expanded the scope of road users affected by the legislation and ascribed all beneficiaries the moniker “vulnerable road users”. In addition to cyclists essentially all Slow Moving Vehicles (SMV) recognized by the state, including farm implements, equestrian riders and vehicles pulled by equines, were included. Most amazingly was the practice of naming facultative pedestrian road users as legitimate design users. The latter to include “runner, physically disabled person, child, skater, highway construction and maintenance worker, utility worker, other worker with legitimate business in or near the road or right of way” as well as a “stranded motorist or passenger.” Personal discussions with a member of DORBA who resides in District 105 and a member of the legal team of the Texas Bicycle Coalition revealed the reason behind the inclusion of these various personages was to garner sympathy from fence-sitting Legislators in order to push the Bill through the Legislature. Within days (20090223), Harper-Brown had resubmitted her Bill as HB-827 containing language identical to that of the Senate version. This time around, there were companion versions in both the House and the Senate.

The Senate version of the Bill made good progress through its Transportation Committee with few proposed amendments. As he had done in the past, Senator Patrick sought to change the language of the legislation. Most of the latter were minor clerical revisions except for the demand that dooring and harassment subsections be removed.

(h)  A person may not open the door on the side of a vehicle that is adjacent to moving traffic unless it is reasonably safe to open the door without interfering with the movement of traffic, including vulnerable road users. A person may not leave a door open on the side of a vehicle that is adjacent to moving traffic for a period longer than necessary to load or unload passengers or goods.
(i)  A person may not harass, taunt, or throw an object or liquid at or in the direction of any vulnerable road user.

Additional amendments were offered in the House Transportation Committee, which were more egregious. The first added several classes, “a tow truck operator and a person operating a handcycle, moped, motor-driven cycle, or motor-assisted scooter” and removed the inclusion of motorcycles. Had this action prevailed “vulnerable road users” as a class would be limited to Slow Moving Vehicles, skaters and pedestrians. Perhaps more troubling was a proposal to require “a pedestrian or a person operating certain cycles, a moped, or a motor-assisted scooter, from operating more than three feet from the right edge line of pavement on a highway or street.”

Thankfully, save the inclusion of tow truck operators, none of these recommended changes survived the committee.

Final Language

Despite counsel by competent vehicular cyclists throughout the process, the the Legislators persevered with their efforts and the Bill eventually made it through both branches of the legislature. The following constitutes the final language of the proposed legislation.

AN ACT
relating to the operation of a motor vehicle in the vicinity of a
vulnerable road user; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter I, Chapter 545, Transportation Code, is amended
by adding Section 545.428 to read as follows:
Sec. 545.428.  VULNERABLE ROAD USERS. (a)  In this section,
"vulnerable road user" means:
		  (1)  a pedestrian, including a runner, physically disabled person,
		  child, skater, highway construction and maintenance worker, tow truck
		  operator, utility worker, other worker with legitimate business in or
		  near the road or right-of-way, or stranded motorist or passenger;
		  (2)  a person on horseback;
		  (3)  a person operating equipment other than a motor vehicle,
		  including a bicycle, handcycle, horse-driven conveyance, or
		  unprotected farm equipment; or
		  (4)  a person operating a motorcycle, moped, motor-driven cycle, or
		  motor-assisted scooter.
	 (b)  An operator of a motor vehicle passing a vulnerable road user
	 operating on a highway or street shall:
		  (1)  vacate the lane in which the vulnerable road user is located if
		  the highway has two or more marked lanes running in the same
		  direction; or
		  (2)  pass the vulnerable road user at a safe distance.
	 (c)  For the purposes of Subsection (b)(2), when road conditions
	 allow, safe distance is at least:
		  (1)  three feet if the operator's vehicle is a passenger car or light
		  truck; or
		  (2)  six feet if the operator's vehicle is a truck other than a light
		  truck or a commercial motor vehicle as defined by Section 522.003.
	 (d)  An operator of a motor vehicle that is making a left turn at an
	 intersection, including an intersection with an alley or private road
	 or driveway, shall yield the right-of-way to a vulnerable road user
	 who is approaching from the opposite direction and is in the
	 intersection or in such proximity to the intersection as to be an
	 immediate hazard.
	 (e)  An operator of a motor vehicle may not overtake a vulnerable road
	 user traveling in the same direction and subsequently make a
	 right-hand turn in front of the vulnerable road user unless the
	 operator is safely clear of the vulnerable road user, taking into
	 account the speed at which the vulnerable road user is traveling and
	 the braking requirements of the vehicle making the right-hand turn.
	 (f)  An operator of a motor vehicle may not maneuver the vehicle in a
	 manner that:
		  (1)  is intended to cause intimidation or harassment to a vulnerable
		  road user; or
		  (2)  threatens a vulnerable road user.
	 (g)  An operator of a motor vehicle shall exercise due care to avoid
	 colliding with any vulnerable road user on a roadway or in an
	 intersection of roadways.
	 (h)  A violation of this section is punishable under Section 542.401
	 except that:
		  (1)  if the violation results in property damage, the violation is a
		  misdemeanor punishable by a fine of not to exceed $500; or
		  (2)  if the violation results in bodily injury, the violation is a
		  Class B misdemeanor.
	 (i)  It is a defense to prosecution under this section that at the
	 time of the offense the vulnerable road user was acting in violation
	 of the law.
	 (j)  If conduct constituting an offense under this section also
	 constitutes an offense under another section of this code or the Penal
	 Code, the actor may be prosecuted under either section or both
	 sections.
SECTION 2.  This Act takes effect September 1, 2009.

Details

The fact that almost all of the details of this legislation are repetitious seems not to have any bearing on the discussion. Proponents insist revision to the statute is a must in order to provide safety to cyclists. These individuals ignore the most important means of promoting vehicular cycling – education. Existing law is more than adequate to satisfy any perceived deficiencies the proposed legislation sought to fill.

In an earlier discussion, I shared the authority under which we, as cyclists, receive recognition as legitimate vehicles under the Texas Transportation Code. Section 545.051 defines the rule by which slower moving traffic is to stay right and §545.053 stipulates that overtaking vehicles are to do so on the left. Sub-section 545.053(a)(1) mentions only that the overtaking vehicle is to do so at “a safe distance”. Admittedly, this statement is ambiguous. Even so, the concept is unquestioned. Rather than create an entire statute defining a safe and acceptable distance applicable only to “vulnerable road users”, it would seem more logical to define this distance as applicable to all vehicles under the existing statute. After all bicycles are legitimate vehicles under state law.

While the details of the next concept will await a future dialogue, treatment of the real issue bears identification. Almost all road users and law enforcement officers have a disturbing misunderstanding of §551.103. They begin reading that section and see the phrase “a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway” and stop. Many confuse “practicable” with “practical” or, worse yet, “possible”. More germane to this discussion is their failure to appreciate an important disclaimer: “unless . . . the person is operating a bicycle in an outside lane that is . . . less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane.”

Believe it or not, almost all outside lanes in North Texas are under fourteen feet in width, That being the case, on almost all roads a cyclist is within their rights to take control of the entire lane (i.e. to ride to the left of center). When this alignment is adopted, there is created a natural buffer zone of at least three feet between the cyclist and other vehicles overtaking and passing them on the left. Since the whole point of this legislation is to create a three foot zone of comfort, the tools and legal definitions providing that buffer already exist.

Reason

Though it seemed like folly to pursue, several of us contacted the Governor’s office imploring him to consider a veto of SB-488. It seemed like a long shot, but was worth the effort in the end. On the afternoon of 19 June, Twitter, the blog’sphere and eMail accounts were all a buzz. Word had been disseminated that the Governor was close to a veto of the proposed legislation. Final confirmation came late in the afternoon, when the following statement was released.

Gov. Perry Vetoes SB 488
June 19, 2009

TO ALL TO WHOM THESE PRESENTS SHALL COME:

Pursuant to Article IV, Section 14 of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 488 of the 81st Texas Legislature, Regular Session, due to the following objections:

Senate Bill No. 488 would create a new class of users of roadways, called “vulnerable road users,” which would require specific actions by operators of motor vehicles. These vulnerable road users would include pedestrians; highway construction and maintenance workers; tow truck operators; stranded motorists or passengers; people on horseback; bicyclists; motorcyclists; moped riders; and other similar road users.

Many road users placed into the category of vulnerable road users already have operation regulations and restrictions in statute. For example, a person operating a vehicle being drawn by an animal is subject to the same duties as a motor vehicle, and a pedestrian is required to yield the right of way to a motor vehicle, unless he or she is at an intersection or crosswalk.

While I am in favor of measures that make our roads safer for everyone, this bill contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users. In addition, an operator of a motor vehicle is already subject to penalties when he or she is at fault for causing a collision or operating recklessly, whether it is against a “vulnerable user” or not.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this the 19th day of June, 2009.

RICK PERRY
Governor of Texas

ATTESTED BY:
COBY SHORTER, III
Deputy Secretary of State

For a detailed view of this bill, visit http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB488.

Much of this language is akin to what many of us were trying to convey to the lawmakers in the House and Senate all along. It is somewhat gratifying to find one government official willing to consider reason. Almost immediately less competent cyclists began criticizing the Governor and others of us who have been heralding a call to reason from the beginning. One woman, in fact, has submitted a FOIA request for all correspondence Perry considered before arriving at his decision. It has been posited that the Austin Police Department is behind the decision. I have a feeling she and others will be surprised at the results.

Reality

This legislation was ridiculous from the beginning. In states like Florida and Oklahoma, where laws like this are already on the books, there have been absolutely no prosecutions. Colorado lawmakers passed a version earlier this year and the backlash was almost immediate.

As mentioned above, a competent, experienced vehicular cyclist creates their own rolling buffer zone as they travel down the roadway. Validity of this concept does not originate with me. It has been proven through application by many cyclists. Cycle*Dallas and CommuteOrlando have excellent commentary with robust threads discussing this topic. Groups who consider themselves advocates for transportation cyclisting betetr serve their constituents by directing their efforts, not at specious legislative measures, but toward education programs aimed at inexperienced bicycle commuters and utility cyclists. Most or the problem centers around the irrational fear that motorists are a danger to bicycle operators. In actuality, ignorant cyclists are their own worst enemy.

Bearing the sub-title “Cyclists are our friends”, this piece from NBC-DFW continues the theme of stirring an emotional response from all sides of the issue by employing hyperbole and misinformation.

Notable for its terseness, it contains several statements which are questionable or taken out of context.

A new bill (SB 488) before Gov. Perry seeks to curb the increasing number of bicycle injuries on North Texas streets.

No proof that bicycle injuries are increasing in North Texas is provided, despite this statement suggesting that they are. Nationally, bicycle crashes have declined, modestly, over the last fourteen years. An analysis by Michael Bluejay in 1996 listed Texas as fourteenth among traffic fatalities  – this despite the contradictory language that “Texas leads cycling deaths”. Finding the truth will take some work, but in the absence of a verifiable citation, this claim by NBC must be considered false.

Texas motorists are not known for awareness of their unmotorized, two-wheeled counterparts.

Really? I have safely ridden in North Texas for over sixteen years with nary an incident that would suggest a lack of awareness. Yes, there is occasionally harassment. It would also be correct to state that few – cyclists and motorists alike – know the law as it applies to the operation of a bicycle as a vehicle. Misconception and ignorance seem to be the rule. However, none of the above denotes a lack of awareness.

An issue of Bicycling magazine recently named Dallas in particular as one of the worst cities for bicycling.

How many times does that dubious claim have to be debunked? Dallas was named among the worst cities for bicycling due solely to the lack of bike lanes. This designation is largely disingenuous and has been rendered specious by contrary views.

In the absence of legitimate experience on the subject of transportation cycling, reporters for the mass media really ought to limit their coverage of these issues to the facts. When they inject hyperbole, half-truths and misinformed personal opinion, they do a disservice not only to their readers, but sully their reputation and that of their employer.

Under current law, cyclists are allowed to ride in traffic lanes, but they must stay as far to the right as practical.

Er, um, no. §551.103(a) states, “a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway”. Practical and practicable are substantially different concepts. To confuse the two is irresponsible.

Anyway, revisions to the Transportation Code will take place in Chapter 545; the FTR rule appears in Chapter 551. Suggesting that the proposed legislation will have any bearing upon or modify the FTR rule is a MacGuffin.

They must also obey traffic laws, stop at stoplights and stop signs, and make turn signals with their hands.

True and those facts will not change under the proposed legislation.

Cyclists and runners have long complained that drivers are aggressive, while motorists complain that cyclists don’t follow the rules.

I am a cyclist and a runner; I have not made any such complaints. It has not been necessary, since I operate my bicycle in a lawful and competent manner. Sure, there is an occasional motorist who is harassing in one form or another, but they are few and far between. This legislation will not mitigate that activity.

It’s almost like you are legislating common sense.

– Terry Grisham, spokesman for the Tarrant County Sheriff’s Department

That is what many of us have been saying for months.

Cyclists who ride every Tuesday and Thursday at the Benbrook YMCA were excited and hopeful that drivers and cyclists will adhere to road rules.

Really? Photos accompanying this article show cyclists riding three, four… up to six or more abreast on rural roads. §551.103(c) states:

Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.

To suggest that cyclists need protections as “vulnerable road users”, while simultaneously showing them operating selfishly and illegally smacks hypocrisy. One cannot have their cake and eat it too. Their perception of vulnerability is a direct result of their lack of adherence to established law. Many conflicts between cyclists and motorists are the direct result of incompetence or lack of training on the part of one, the other or both road users. From what I can tell, in this instance, it is largely the cyclists at fault. All road users must educate themselves about the law and operate according to the rules of the road.

Legislation is not the answer; education is.