L to R -- Jeff Ciabotti (Rails to Trails), Chris Scott (VBF), Senator Mark Warner, Barbara Duerk (VBF), Champe Burnley (VBF), Marianne Fowler (Rails to Trails)

Cyclists from across Virginia convened in Washington to meet with Virginia’s eleven congressmen as well as Senators Warner and Webb.  Meetings covered issues such as the upcoming transportation bill, Complete Streets, Safe Routes to School (extending this to include high school students), support for Congressman Bluemenaur’s Active Community Transportation Act, and of course, Rails-With-Trails.  

A number of citizens from across Virginia teamed up with VBF for these meetings –  bike retailers and manufacturers’ reps, mountain bikers and bike commuters, as well as cycling advocates.  The team offered a broad perspective on what is needed to improve cycling in Virgina.

Joining VBF for their meeting with Senator Mark Warner were the Rails to Trails Conservancy’s Senior VP of Federal Relations Marianne Fowler, and VP of Trail Development Jeff Ciabotti. 

“The Summit was a real success,” said VBF president Champe Burnley.  “We found most of the congressional offices very supportive of our requests to support active transportation in the Commonwealth.  I really feel optimistic that conditions in Virginia will continue to improve.”

If you’re going to the Bike Summit next week, please ask your legislators to support H.R.4722, the Active Community Transportation Act.

From the Alliance for Biking and Walking:

Representative Earl Blumenauer introduced the Active Community Transportation Act, H.R.4722, on 3/2/10. This groundbreaking bill creates a competitive grant program with $2 Billion to help communities build bicycling and walking networks. For the first time, communities would be able to compete for multi-year funding to build active transportation systems, just as they do for transit and road infrastructure.

Though many of you will be coming to DC next week for the National Bike Summit, this is a great opportunity for other leaders and members of your organization not traveling to DC to participate in an important way. Working with our America Bikes partners, we encourage your organization to participate in a Virtual Lobby Day next Thursday.

“Too often we take for granted the value of being able to bike and walk to work,” said Blumenauer. “It’s unfortunate that many communities don’t have the infrastructure in place to make active and healthy forms of transportation more accessible. The ACT transportation grants will make it easier for people to get out of their vehicles and onto sidewalks or bikes, boosting both heart rates and community vitality.”

We thank Representative Blumenauer and the other original sponsors – Russ Carnahan (D-MO), Michael Capuano (D-MA), Steve Cohen (D-TN), Bob Filner (D-CA), Dan Lipinski (D-IL) and Jim Moran (D-VA) – for championing bicycling and walking.

TAKE ACTION

Given the timing of the bill’s release, we have a unique opportunity to conduct a Virtual Lobby Day and present a strong and unified voice on Capitol Hill, Thursday, March 11th. In conjunction with the National Bike Summit we ask that you call your representative next Thursday at the same time that over 700 Summit participants will have in-person meetings in congressional offices.

NEXT STEPS

On Wednesday March 10th we’ll send a second alert with a link to the League of American Bicyclists on-line action center where people can easily contact their representatives. We encourage you to use the talking points below to send your own alert encouraging your members to participate.

TALKING POINTS

Please call your representatives on March 11th to ask them to co-sponsor H.R.4722: “The Active Community Transportation Act.”
Tell them:

• Bicycling and walking are part of the solution. Half of all trips in the United States are three miles or less, yet the majority of these short trips are made by car. Shifting more of these short trips to biking and walking would not only reduce congestion, air pollution, greenhouse gas emissions, and our dependence on oil, but will also improve physical activity, safety, and livability.
• Investing in bicycling and walking infrastructure works. Commuting by bicycle has increased 43 percent since 2000 – and by 69 percent in designated Bicycle Friendly Communities that have invested in infrastructure improvements.
• Please co-sponsor the Active Community Transportation Act (H.R.4722).

A more active Legislative session than usual, with one good win, one that got our hopes up before it went down, and a number that failed but seemed to get a little closer to passing than ever before.

The win was with Senate Bill 546, which was patroned in masterful fashion by Senator John Edwards of Roanoke, and sailed all the way through both houses, with hardly a hitch. This bill specifically mentions the railroads as a landowner with limited liability when they permit recreational users to cross their owned, or easement acquired, property for recreational purposes. Though primarily pushed for by the paddlers and fishermen, and spearheaded by Roanoke’s Bill Tanger of the Friends of the Rivers of Virginia, VBF joined the coalition of groups supporting this bill in order to help the railroads remove the “liability” argument they have often used when access along, or across, their tracks has been requested.

We got our hopes up with the major bills we were working on which would change the Code of Virginia to require that motor vehicles pass a bicycle by three feet (instead of the present two feet) and not follow a bicycle any closer than is “reasonable and prudent”. Senate Bill 566, patroned by Senator Patsy Ticer of Alexandria, sailed right through the Senate, after the “following too closely” provision was objected to and stricken in the Senate Transportation Committee. However, upon crossing over to the House it was assigned to the Militia, Police, and Public Safety Sub-Committee, where it was tabled by a 2-1 vote. The companion bill, House Bill 1048, patroned by Delegate Kaye Kory of Falls Church, actually survived a more difficult start, being reported out of a House Transportation Sub Committee by a 5-2 vote, out of the House Transportation Committee by a 12 – 9 vote, and then failing on the House floor by 54 – 43. This was a big let down since it was obvious that the bill would have cleared the Senate had it only survived this hurdle.

Other bills that we have supported previously, and again saw go down to defeat, were both the House (which didn’t get out of the Transportation Sub-Committee) and Senate (which passed the Senate, only to fail in the same House Sub-Committee after it crossed over) versions of “Stop for Pedestrians in Marked Cross-Walks”. Also failing, but getting further along than ever before, were several bills to ban the use of cell phones, except in hands free mode, by the drivers of moving motor vehicles.

Two other bills for which I testified were defeated rather early in the process. One which was sought by the Motorcycle interests, but which named bicycles also, would have permitted motorcycles, mopeds and bicycles to cross a red light traffic signal, with caution, if they had waited 120 seconds and the light did not turn green. I supported the bill, but mildly so, since I didn’t feel it was a major problem for cyclists. The other was a bill I opposed, which would have banned mopeds from all highways with speed limits of 45 mph or above, and I was concerned that this might lead to bicycles being banned from some roads also, if it were to pass.

In conclusion, I would like to thank all the RABA members, VBF members, and others across the state, who responded to my requests to contact their legislators in advance of the hearings for the bills we were supporting. Several legislators and their staff told me how they were impressed by the quantity and passionate nature of our contacts. It does make an impression and lets our elected representatives know that someone is interested in the issues we are supporting. I would also like to thank Bruce Drees of the Tidewater Bicycling Assn., who made several early morning trips up from Virginia Beach to lend his support to the cause. We did make some progress this session, and will be back again next year to try to keep moving the ball forward.

As expected, Senator Norment’s SB517 banning cell phone usage by motor vehicle drivers, except in hands free mode, was tabled by the Militia, Police and Public Safety Subcommittee 2 by a 2 -1 vote. Athey & Cline for tabling; Shuler opposed; Cleaveland & Gilbert absent. After the vote was taken, Athey remarked to the Patron, “maybe next year” to which Sen. Norment replied, “see you then.”

Several seat belt bills, including Senator Blevins’ SB9, which would make failure to have the seat belt buckled a primary, rather than secondary offense, were similarly tabled with only Delegate Shuler from Blacksburg (the lone Democrat on the sub committee) voting against tabling (for the bill). The committee voted this way despite testimony from DMV that such a law in effect by Sept. 1 of this year, would make the state eligible for $16.5 million of federal Highway Safety funds.

I believe that closes out the VBF legislative agenda for this session, although John Saunders of DMV stated after the meeting that he was looking forward to working with me to improve the bicycling safety message in DMV’s motor vehicle driver’s materials and to include a question or two on the driver’s exam.

Coming down the homestretch now, and one victory to report as SB546/”Railroads to be Mentioned Specifically in the Landlord Liability Law” sailed right through the House, after Sen. John Edwards of Roanoke did a masterful job of patroning it before the House Agriculture Committee. Bill Tanger, President of the Friends of the Rivers of Virginia (FORVA) was the point man behind this bill, as the paddlers and fisherman are vitally interested in getting access across RR tracks at a number of locations to get to put ins, take outs, and fishing spots along a number of rivers. The cyclists have also been supporting it since there are situations where trails cross RR tracks. The RR’s have generally been resistant to these requests, citing liability, and now with the limited immunity granted by this bill it is expected that they will be more receptive to requests for crossings.

…and one bill still alive that we have been supporting, which is SB517, Sen Norment’s (from Williamsburg) bill which would ban the use of cell phones by the drivers of moving vehicles, unless they are operated in hands free mode. This bill is a classic example of the partisan climate that currently pervades the legislature, and those interested in seeing how a majority party can obstruct the progress of a bill in their house if they choose to do so, should go into the legislative website — http://legl.state.va.us and plug in SB517 to follow the path Sen. Norment has been subjected to.

Assigned to the Transportation Committee (which most would think is where it belongs, since it applies to the drivers of motor vehicles) in the Democrat controlled Senate, it was reported out 10 – 5, and then passed the full Senate 25 – 15, with most of the D’s voting for it, and most of the R’s against, but a couple of each party voting the other way. You might wonder why this should be a partisan issue, and I think it is because the more conservative legislators feel that it represents an imposition of the government on the rights of the individual, safety and driver distraction not with standing. Also a factor probably is that some R’s feel that it is a Democrat backed bill (even tho Sen. Norment is an R, although criticized by some in his party for being too “moderate”) and they will vote against anything like that, regardless of its merit.

Then the fun began when the bill crossed over to the much more conservative House. Although the House has a Transportation Committee, the Speaker assigned the bill to the Militia, Police and Public Safety Committee, a very conservative committee that cynical observers refer to as a “Killing Field”, when a bill gets referred there that doesn’t appear to belong. Not to leave it at that, the Chairman of that Committee referred it to a SubCommittee, with the lop sided composition of 4 R’s & 1 D, which looks suspiciously like what the cynics refer to as a “firing squad”.

So that’s where Sen. Norment should be on Thursday at 7:30 a.m., although the docket hasn’t been posted yet. Much as I dislike those early subcommittee meetings, I’ll be there also. Since the SubComm is filled with delegates from the western part of the state, any constituents on this distribution be sure and weigh in. Any one else is invited to do so, also, since this is the last chance to be heard and let the delegates know that there are people who favor this bill.

Here’s the SubCommittee line up:

Ben Cline (Lexington) 804 698-1024 delbcline@house.virginia.gov

Cliff Athey (Front Royal) 804 698-1018 delcathey@house.virginia.gov

Todd Gilbert (Woodstock) 804 698-1015 deltgilbert@house.virginia.gov

Bill Cleaveland (Roanoke) 804 698-1017 delwcleaveland@house.virginia.gov

James Shuler (Blacksburg) 804 698-1012 deljshuler@house.virginia.gov

I’ll let you know how things went on Thursday morning.

Senate Bill 546, calling for the expansion of Virginia’s landowner liability and recreational use statute, was passed by the House of Delegates 95 – 0. This means the bill has passed both chambers, and now awaits Governor Bob McDonnell’s signature to become law July 1. 

This legislation evolved out of another bill (HB 2088) passed in the 2009 General Assembly, calling for a study of how recreational users can safely access natural resources across railroads, as well as the feasibility of rails-with-trails. 

The new law will explicitly extend protection to railroads from nuisance lawsuits when recreational users cross railroad property at designated places, to access rivers, boat takeouts, or trails.

Railroads’ perceived liability has been a major barrier to allowing crossings, and has created headaches for recreational users for years. 

The Virginia Bicycling Federation feels this is a strategic victory when it comes to implementing rails-with-trails.

HB 2088 was passed in the 2009 session, and resulted  in the publication of  House Document404: Rails With Trails / Pedestrian Crossing Project Initiation, Coordination and Review.  This document established guidelines for requesting recreational rails-with- trails, recreational crossings, and recommended  best practices for implementing these types of  facilities.

The railroads expressed concern about liability from recreational users, though no cases of  suits filed by recreational users could be cited while the report was being developed.  As a result of the report, former Assistant Secretary of Transportation Nick Donahue worked with stakeholders to develop language suitable to all parties, and paved the way for introduction of SB 546. 

Senator John Edwards of Roanoke sponsored the legislation.

Passage of SB 546 is a big first step in creating rails-with-trails, and a significant barrier for recreational access has now been eliminated. 

Besides the legislative victory, SB 546 was a textbook example of cooperation among many diverse stakeholders, including government, the railroads (CSX and Norfolk Southern) and a diverse group of recreational advocates, all of whom who supported the bill. 

Thanks go to former Secretary of Transportation Pierce Homer and Assistant Secretary Nick Donahue, Senator John Edwards, and the many recreational users who worked to get the bill passed.  Recreational champions included Bill Tanger from the Friends of the Rivers of Virginia, Tom Miller with Float Fisherman of Virginia, Tom Bowden from BikeWalk Virginia, David Brickley with East Coast Greenway,  Dave Barnard from the Sierra Club, and the 18 groups behind the Public Access Coalition.  Thanks for your hard work. 

Most importantly, thanks to all the cyclists, boaters, fishermen and outdoor enthusiasts who took the time to write and call their legislators, asking for support.  Legislators listened!

A major hurdle as been eliminated, removing barriers to our natural resources and allowing rails-with-trails to become a reality. 

Thank you!

With the final blow delivered by a House transportation sub-committee to Senate Bill 566 this morning, the 2010 legislative session has effectively ended, sending Virginia’s cyclists home empty handed. In leading a statewide effort, the Virginia Bicycling Federation tried unsuccessfully to accomplish three objectives:

• Change the existing passing distance between a car and a bike from 2 to 3 feet.
• Change the existing “following too closely” law from applying to a motor vehicle following another motor vehicle to include motor vehicles following bicycles.
• Adoption of a “careless driving” law similar to several other states that required motor vehicle operators to exercise “due care and regard” for other roadway users. Note: this provision was withdrawn before it even got started when it became clear that it didn’t stand a chance.

These changes were spurred by a desire to bring state code in line with contemporary safe separation practices. In addition, we had hoped to make some progress in addressing incidents in recent years where Virginia’s criminal justice system turned its back on us. If you think that running over a bicyclist or pedestrian is illegal in Virginia, think again. The above legislation would not have totally fixed this, but the changes would have helped.

The 3 feet overtaking provision in SB566 was passed by the state Senate in an uncontested 40-0 vote. We are grateful to our Senators and staff members for this, as well as to those who supported us in the house when HB1048 came along. Delegate Jeion Ward of Hampton provided a wonderful take on this bill as a grandmother. Additionally, we appreciate the support shown by our two most populous jurisdictions in the state for their support, Fairfax County and City of Virginia Beach.

How could things fall apart with such simple pieces of legislation? I attended most of the hearings and watched the floor debate for HB1048. Here are some of the objections raised, with my response to each:

“Bicyclists are often law breakers, unworthy of any added protection under the law.”

Don’t many drivers fit this category too? Yet they receive protection.

“Bicyclists are inconsiderate when they delay drivers from getting to their destinations, especially in narrow lanes or roads.”

Drivers delay other drivers too. To get on a major arterial near my house in a car, I am often am the only vehicle tripping the traffic signal. This stops upwards of 20-30 cars for 30 seconds or longer. Everyone waits patiently while I get on the highway, then we all travel together about a half mile or so down the road where the process repeats itself. No one honks, screams obscenities, or throws things at me. Yet bicyclists often receive harsh treatment for allegedly impeding a single motorist by far less. This same heat and intimidation was evident in each of the hearings I attended.

The public roads are just that — public, available on a first come, first served principle.

“A 3 ft. passing rule would inconvenience and hazard motorists by requiring them to move into the adjacent or oncoming travel lanes.”

As any experienced cyclist will tell you, this is already a frequent case under the existing law. The new law would have had little to no impact on the vast majority of drivers who pass us safely already. It’s the ones who don’t understand what a safe passing distance is that we are most concerned with. In addition 3 feet accounts for the typical wobble of many cyclists and children, and helps to prevent crashes where a cyclist gets startled and loses control. In short, the changes were not totally about the spandex mafia, though that’s how the legislation was portrayed by opponents.

“Bicyclists should police themselves before coming in asking for added legal protections.”

“Policing ourselves” clean before any headway can be made in bike safety legislation is an impossible standard to meet. It’s unfair too — we don’t ask drivers to police other drivers. Can you imagine AAA warning and cajoling red light runners and speeders? Yet that is what we are being asked. If people are breaking the law to the extent that it is a concern, it should be up to the police to enforce those laws.

Those were the main arguments against. If you are thinking, “Where’s the beef?” you are not alone.

In a truth is stranger than fiction move, the vote in the full House was almost entirely along party lines with Republicans lining up against and Democrats totally for. Is bicycling really a partisan issue? Things certainly didn’t start out that way. The proposed changes were initiated by a Republican and championed by others, and the bills were patroned by two Dems from N. Virginia. Yet things ended in the House along party lines. The Capital Hill rumor mill has it that the Republican Caucus considered HB1048 enough of a threat to go after it. Have Republicans become that unfriendly toward bikes and bike safety? I’m pretty much down the middle, so I’m asking this rhetorically, not sarcastically.

The treatment of this bill in the House and the rationales offered for defeating it have irked a number of Republican donors who bike. It appears there are at least a few legislators who owe the bikers that support them the benefit of a sound understanding of our concerns and a viable suggestion or two on how we can move forward on this next year.

VBF went into this thinking that our proposed changes were pretty straightforward and supportable. While we expected some difficulty, we did not expect to be roughed up for the reasons stated. But persistence pays, and we’ll be back next year. In the meantime, please get to know your legislators. More importantly, get them to know you as a skilled, responsible, and law abiding cyclist.

Three bills early on one morning is helpful in that it doesn’t consume much time, but the results were not that great.

First up in House Transportation Sub Committee 2 at the more civilized hour of 7:30 (earlier meetings have been at 7:00) was Senate Bill 228, the annual Northern Virginia effort to require “Motorists to Stop for Pedestrians in Marked Crosswalks.” This year it was patroned by Sen. George Barker of Fairfax County, with a few amendments. Although he did an excellent job of presenting the bill, it met with the same fate (Gently laid on the table) that its predecessors had eight previous times in the last decade. As Sen. Barker left the committee room, his parting comment was “See you next year”.

Next up was Senator Patsy Ticer of Alexandria with SB 566, the Senate version of Three Foot passing. After a brief introduction, since the Committee had just heard HB 1048 with Del. Kaye Kory last week, she introduced me and I immediately began fielding questions from Del. Oder from Newport News (who had supported 1048) who recounted an incident on his way to church with his wife last Sunday where he observed two cyclists passing too close to his stopped car and then running a red light, and asked if this behavior was legal, to which I replied “absolutely not”. He had some other comments about what apparently is a large, peloton-like, ride that he sees regularly on Sunday mornings in his area, and questioning me as to whether this riding behavior is proper. He concluded by stating that perhaps we should put in some bills with specific penalties for bicyclist misbehavior.

Del. Rust, from Herndon & the W & OD Trail area, then took his turn and recounted the publicized incident last spring where, on their MS Ride, a number of riders were ticketed for running a Stop sign, but the charges were dismissed in court.

Finally, Chairman Carrico, the retired State policeman, stated as he has consistently , that none of these passing distances are enforceable; and that this is an “Educational Problem”. He then called Linwood Buckner (the Legislative Affairs representative from DMV) forward and strongly requested that Linwood “work with the bicycling folks to improve the way the bicycling rules are presented in the DMV materials and driver’s exam”. Linwood agreed to do so, and we will meet after the conclusion of this legislative session, so we may yet get some benefit from all of this. All that having been said, the bill was promptly Tabled.

Then, it was downstairs to House Agriculture, which had been pushed back to a 9:30 start. Senator John Edwards was up second with SB 546. This bill will specifically include railroads (who often have easements, rather than owning their rights of way)in the existing Landowner Liability Statute as exempt from liability when they have granted permission to recreational users to cross their property. Although the representative from the Friends of the Rivers of Virginia (who have been the ones pushing for this bill), and Champe & I, were all prepared to speak in support of the bill, Senator Edwards had done such a good job of presenting it (since he is a trial attorney, the several others on the committee were satisfied that it was not a problem for them) that after the Chair saw no one opposed to the bill come forward from the audience, the bill was quickly unanimously reported., and should sail through on the House floor.

That just about clears the slate for this session for me, although I am still following Senator Norment’s SB517 bill that would ban cell phone usage by the driver of a moving motor vehicle, unless it is in hands free mode. This bill has passed the Senate and now will be heard on Friday morning in the House Police, Militia, and Public Safety Committee, which has the reputation of being a tough place to get a bill out of. The patron however is a respected veteran, so the bill has a chance.

Thanks to all who contributed by making calls and sending Emails. Even though it may not seem like it, you have helped further the cause, and we will keep on working to improve the safety of cycling.

As a number have spotted, the vote on HB1048 was posted later last night, and can be seen at

http://leg1.state.va.us/cgi-bin/legp504.exe?101+vot+HV0644+HB1048

All of the Democrats voted for the bill, with two absent, who would have voted for it if they were there.

All who opposed the bill were Republicans, although it was encouraging that 7 R’s did vote for the bill, and are to be thanked for their support — Cox from Hanover county; Iaquinto, Oder, Stolle, Tata, & Villanueva, all from Tidewater; and LeMunyon from Fairfax.

If you contacted your delegate, please follow up and thank them or express your disappointment, depending on how they voted.

Now we go back again to House Transportation Sub Comm 2 — Carrico, Oder, Rust, Garrett, Cox, Carr, & Ward tomorrow morning at the more civilized hour of 7:30, since there are only 3 bills on their docket.

SB 566, 3 foot passing with Senator Ticer as patron is one of them, along with our old friend “Stop for Pedestrians in Crosswalks”, this time as SB 228 with Senator Barker as patron.

As we’ve done previously with these committee members, please contact them again.

With only 7 on the sub committee, I think it is permissible for you to call the one geographically closest to you, thanking Oder, Cox, Carr & Ward for voting for HB 1048 in this SubCommittee, the full Transportation Committee, and the House floor and asking them for their similar support of SB566, as well as for Stop for Pedestrians in Crosswalks.

Rust voted for 1048 in the Sub Comm and in House Transportation, but for some reason then voted against on the House Floor.

Carrico & Garrett voted against on every occasion, and probably will do so again, but you never know, we may wear them down at some point.

All phone #’s are 804 area code at their General Assembly offices:

Richmond area: John Cox (Hanover) 698-1055, deljcox@house.virginia.gov; Betsy Carr (Richmond & Eastern Chesterfield), 698-1069, delbcarr@house.virginia.gov

Tidewater area: Glenn Oder (Newport News) 698-1094, delgoder@house.virginia.gov; Jeion Ward (Hampton) 698-1092, deljward@house.virginia.gov

Northern VA: Thomas Rust (Herndon) 698-1086, deltrust@house.state.virginia.gov

Lynchburg: Scott Garrett 698-1023, delsgarrett@house.virginia.gov

and Chairman Bill Carrico from way out in Galax, 698-1005, delccarrico@house.virginia.gov

Then, at 8:30, SB 546 to grant immunity to the railroads if they permit crossing of their tracks for recreational activities, will be heard in House Agriculture, a committee I don’t normally deal with:

Morgan (Chairman), Cox, Sherwood, Ware, Wright, Orrock, Scott, Marshall, Lohr, Poindexter, Pogge, Knight, Bell, Edmunds, Plum, Shuler, Lewis, Bulova, Sickles, Englin, James, Torian.

The only delegates from the Richmond area on this committee are Kirk Cox from Colonial Heights 698-1066 delkcox@house.virginia.gov and Lee Ware from Powhatan 698-1065 dellware@house.virginia.gov so any RABA members from their districts are urged to contact them and ask them to support SB 546 giving the Railroads exemption from civil liability when they permit access across their rights of way for recreational purposes.

Thanks for everyone’s continued help! We’re almost done for this session.

Update: HB 1048 has failed but three foot passing is still alive as SB 566. Please continue to write or call in support of SB 566.

HB 1048, Three Foot Passing & Following Too Closely FAILED by a 54 – 43 vote to be engrossed and reported forward, which means it is dead for this session.

Delegates Cosgrove & Carrico spoke against the bill, while Delegates Toscano & Ward spoke for it.

Senate Bill 566 containing just Three Foot Passing is still alive, and will be crossing over to the House Transportation Committee and then, hopefully, to the Full House, in the near future.

As soon as the roll call voting is posted I will forward it along and will urge everyone to contact their delegates expressing disappointment if they voted Nay and thanking them if they voted For the bill. Hopefully, we may be able to turn at least 6 or 7 votes around and get SB 566 passed.

Thanks to everyone for their efforts so far. We came pretty close.