I was somewhat surprised to see my own comments… ahem… quoted in the story.

Herman May of Garland implored Perry to veto the measure.

“As a vehicular cyclist with close to twenty years of daily experience dealing with traffic in the Dallas area, I can assure you additional legislation is not the answer to this solution …,” May wrote.

“At its core, the primary result of this proposed legislation will be to convey a false sense of security to uneducated cyclists.”

The misquote gives the impression of incoherence. What I actually said was,

…I can assure you additional legislation is not the answer to this solution in search of a problem.

Upon further consideration, it would have been more succinct to have stated, “I can assure you additional legislation is not the answer to this non-issue.” Certainly, doing so would have left little room for ambiguity and butchering by shoddy journalists.

Equally interesting is the fact that the correspondent then proceeds to basically paraphrase other arguments from my correspondence with the governor and pass them off as his own. Few members of either side of the argument were highlighting §545.053, wherein it states that,

An operator passing another vehicle shall pass to the left of the other vehicle at a safe distance; and may not move back to the right side of the roadway until safely clear of the passed vehicle.

As I have stated from the outset of this debate, the only “safe passing” statute required is to flesh out the definition of what constitutes “a safe distance” and apply it to all vehicle classes. Demanding special consideration of cyclists as particularly “vulnerable” and lumping us with various, facultative pedestrian classes does little to protect our travel on the roadway. The statute as proposed would have been nearly unenforceable and would have served only to diminish the standing of lawful, competent vehicular cyclists as a recognized operator class.

See the notice below for the agenda and other information.

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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.

Be that as it may, the TBC was not totally unsuccessful during the 2009 session. They did manage to get two pieces of legislation signed into law. SB2041 adds language to sub-section 161 of Chapter 521 (“Drivers Licenses and Certificates”) of the Transportation Code mandating the inclusion of questions testing the “knowledge of motorist’s rights and responsibilities in relation to bicyclists” on the state driving test, while SB161 will amend sub-section 648 of Chapter 504 (“Specialty License Plates”) to, in their words, “provide funds through ‘God Bless Texas’ and ‘God Bless America’ special license plate sales to go to the BikeTexas Safe Routes to School program.”

SB2041 sounds, on initial consideration, to be a worthwhile accomplishment. The current version of the Texas Driver Handbook has an entire chapter devoted to “Bicycle Vehicle Law and Safety” – the whole of three pages. Under current statute, required elements of the license exam include a vision test, the ability to identify and understand highway signs in English, and knowledge of the state traffic laws. As of the first of September, added to this list of requirements will be “knowledge of motorist’s rights and responsibilities in relation to bicyclists.” Curious.

What rights do motorists have toward bicyclists? As a legally recognized vehicle, we are already afforded the same rights and responsibilities as motorists. Item three of the Texas Driver Handbook clearly states: “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.” This being the case, what possible benefit will be realized by including specific exam questions related to cyclists? Following this logic there ought to be questions pertaining to motorists’ rights and responsibilities in relation to equestrians and the operators of farm implements.

SB161 is even more illogical. Instead of the more limited and focused beneficiary cited in the quote above, language in this statute actually reads,

the remainder of the fee shall be deposited to the credit of the share the road account in the state treasury and may only be used by the Texas Education Agency to support  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.

Hmmm, looks familiar, doesn’t it? It goes on to state,

Up to 25 percent of the amount in Subsection (b) may be used to support the activities of the nonprofit organization in marketing and promoting the Safe Routes to School Program.

The Legislature saw fit, in 2003, to create a specialty license plate modeled on the theme of “share the road” and featuring the likeness of Lance Armstrong in a “maillot jaune”. Proceeds from the sale of this plate were earmarked “to be used only by the Texas Education Agency to support the activities of a designated 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.” It would appear TBC is to begin receiving funding for a program they no longer sponsor. How are these resources being allocated now within TxDOT? Why is it necessary to designate more monies be transferred to the TBC?

Is this really the type of organization we, as cyclists, want to have representing our interests to the legislators in Texas. They failed in their bid to get one specious and redundant law enacted which would have partially eviscerated our standing as a legally recognized vehicle, by equating us with various pedestrian classes; they succeeded in getting a specious and redundant law passed which mandates the inclusion of questions on the state licensing exam pertaining to one specific user class; and they are lying about the actual mechanics of the application of a third law they succeeded in getting passed.

If the Texas Bicycle Coalition really wants to be an advocate for vehicular cyclists, here are some legislative proposals which will go much further in promoting the safety and education of cyclists and motorists alike.

Remove the FTR rule

§551.103(a) is redundant. Since bicycles are legally recognized as legitimate vehicles, §545.05x covers all aspects of vehicular operation – including that of slow moving traffic.

Remove the MBL rule

Elimination of §551.103(a) will take care of this. However, in the event legislators cannot stomach the political fallout from removing this sub-section altogether, at the very least they can revert §551.103(a)(4)(A) to its original language. (The mandatory bike lane language was added as punishment for revising this subsection to define an unsharable lane.)

Define a “safe distance”

As explained in the SB844 summary, §545.053(a)(1) already stipulates that one vehicle overtaking another must do so “at a safe distance.” Apply the “Safe Passing” sentiment to the existing law by specifying buffer zones pertaining to all SMV classes.

These steps should define the primary mission of the TBC, if they truly wish to be seen as an advocate for the rights and safety of bicyclists in the State of Texas. Abandon the practice of pandering to novice and timid cyclists. Develop education programs to train inexperienced cyclists on proper vehicular cycling technique. Work with therapists to help treat those suffering from Cyclist Inferiority Complex to overcome their phobias and become competent cyclists. Protect the rights of experienced vehicular cyclists to operate on the roads in safety.

revision history
20090720: removed a paragraph regarding the distribution of SB161 funds due to a misread of the language. This subject is addressed in more detail elsewhere.