[We will ] be posting the latest news, planning resources, and opportunities for funding and training related to travel by foot and bicycle. Soles and Spokes will have a regional focus, but will keep you up to date on state, national, and international developments and news, too. The blog will cover all topics related to non-motorized transportation, including design and operations, education and encouragement programs, safety, policy guidance, funding programs, and the relation of biking and walking to personal health and to healthy communities.Check it out.
Blogging For Bicyclists' Rights by the bike lawyers of the Freeman Kevenides Law Firm
Thursday, March 18, 2010
See New Bike-Ped Blog From CMAP
Friday, February 5, 2010
Victory For "Take the Lane" Case At Trial
Though the case sets no legal precedent outside of Columbus, it is, in my opinion, an important result nonetheless. Many American cities, Chicago included, have similar ordinances. Spreading word of how that case was handled and won will hopefully spread the message to law enforcement and to bicyclists that taking the lane is not only permitted, but advisable, necessary and legal under certain circumstances.
Wednesday, January 6, 2010
League To Hold Annual National Bike Summit
Tuesday, December 29, 2009
Bicyclists Are Rarely At Fault for Traffic Accidents
Tuesday, December 22, 2009
A Cool and Logical Analysis Of The Motorist Menace
And now the latest score: Bus 1, Bike 0. No surprise. Until the new bulletproof Krypyonite (sic.) bikes are marketed bike users need to be more careful. Might usually makes right and busses (sic.) are pretty mighty.
Stupid, but an attitude that is neither unique nor new. I recently came across an old essay authored by conservative satirist, P.J. O'Rourke. Written in 1987, it predicts the end of -- and wishes good riddance to -- the bicycle on America's streets. The piece, A Cool and Logical Analysis of the Bicycle Menace, is worth reading. In my opinion, its over-the-top tone makes it entertaining:
A Cool and Logical Analysis
of the Bicycle Menace
And an Examination of the Actions Necessary to License, Regulate,
or Abolish Entirely This Dreadful Peril on our Roads
by P.J. O'Rourke
Our nation is afflicted with a plague of bicycles. Everywhere the public right-of-way is glutted with whirring, unbalanced contraptions of rubber, wire, and cheap steel pipe. Riders of these flimsy appliances pay no heed to stop signs or red lights. They dart from between parked cars, dash along double yellow lines, and whiz through crosswalks right over the toes of law-abiding citizens like me.
In the cities, every lamppost, tree, and street sign is disfigured by a bicycle slathered in chains and locks. And elevators must be shared with the cycling faddist so attached to his "moron's bath-chair" that he has to take it with him everywhere he goes.
In the country, one cannot drive around a curve or over the crest of a hill without encountering a gaggle of huffing bicyclers spread across the road in suicidal phalanx.
Even the wilderness is not safe from infestation, as there is now such a thing as an off-road bicycle and a horrible sport called "bicycle-cross."
The ungainly geometry and primitive mechanicals of the bicycle are an offense to the eye. The grimy and perspiring riders of the bicycle are an offense to the nose. And the very existence of the bicycle is an offense to reason and wisdom.
PRINCIPAL ARGUMENTS WHICH MAY BE MARSHALED AGAINST BICYCLES
1. Bicycles are childish
Bicycles have their proper place, and that place is under small boys delivering evening papers. Insofar as children are too short to see over the dashboards of cars and too small to keep motorcycles upright at intersections, bicycles are suitable vehicles for them. But what are we to make of an adult in a suit and tie pedaling his way to work? Are we to assume he still delivers newspapers for a living? If not, do we want a doctor, lawyer, or business executive who plays with toys? St. Paul, in his First Epistle to the Corinthians, 13:11, said, "When I became a man, I put away childish things." He did not say, "When I became a man, I put away childish things and got more elaborate and expensive childish things from France and Japan."
Considering the image projected, bicycling commuters might as well propel themselves to the office with one knee in a red Radio Flyer wagon.
2. Bicycles are undignified
A certain childishness is, no doubt, excusable. But going about in public with one's head between one's knees and one's rump protruding in the air is nobody's idea of acceptable behavior.
It is impossible for an adult to sit on a bicycle without looking the fool. There is a type of woman, in particular, who should never assume the bicycling posture. This is the woman of ample proportions. Standing on her own feet she is a figure to admire-classical in her beauty and a symbol, throughout history, of sensuality, maternal virtue, and plenty. Mounted on a bicycle, she is a laughingstock.
In a world where loss of human dignity is such a grave and all-pervading issue, what can we say about people who voluntarily relinquish all of theirs and go around looking at best like Quixote on Rosinante and more often like something in the Macy's Thanksgiving Day parade? Can such people be trusted? Is a person with so little self-respect likely to have any respect for you?
3. Bicycles are unsafe
Bicycles are top-heavy, have poor brakes, and provide no protection to their riders. Bicycles are also made up of many hard and sharp components which, in collision, can do grave damage to people and the paint finish on automobiles. Bicycles are dangerous things.
Of course, there's nothing wrong, per se, with dangerous things. Speedboats, racecars, fine shotguns, whiskey, and love are all very dangerous. Bicycles, however, are dangerous without being any fun. You can't shoot pheasants with a bicycle or water-ski behind it or go 150 miles an hour or even mix it with soda and ice. And the idea of getting romantic on top of a bicycle is alarming. All you can do with one of these ten-speed sink traps is grow tired and sore and fall off it.
Being dangerous without being fun puts bicycles in a category with open-heart surgery, the war in Vietnam, the South Bronx, and divorce. Sensible people do all that they can to avoid such things as these.
4. Bicycles are un-American
We are a nation that worships speed and power. And for good reason. Without power we would still be part of England and everybody would be out of work. And if it weren't for speed, it would take us all months to fly to L.A., get involved in the movie business, and become rich and famous.
Bicycles are too slow and impuissant for a country like ours. They belong in Czechoslovakia...
5. I don't like the kind of people who ride bicycles
At least I think I don't. I don't actually know anyone who rides a bicycle. But the people I see on bicycles look like organic-gardening zealots who advocate federal regulation of bedtime and want American foreign policy to be dictated by UNICEF. These people should be confined.
I apologize if I have the wrong impression. It may be that bicycle riders are all members of the New York Stock Exchange, Methodist bishops, retired Marine Corps drill instructors, and other solid citizens. However, the fact that they cycle around in broad daylight making themselves look like idiots indicates that they're crazy anyway and should be confined just the same.
6. Bicycles are unfair
Bicycles use the same roads as cars and trucks yet they pay no gasoline tax, carry no license plates, are not required to have insurance, and are not subject to DOT, CAFE, or NHTSA regulations. Furthermore, bicyclists do not have to take driver's examinations, have eye tests when they're over sixty-five, carry registration papers with them, or submit to breathalyzer tests under the threat of law. And they never get caught in radar traps.
The fact (see No. 5, above) that bicycles are ridden by the very people who most favor government interference in life makes the bicycle's special status not only unfair but an outright incitement to riot.
Equality before the law is the cornerstone of democracy. Bicycles should be made to carry twenty-gallon tanks of gasoline. They should be equipped with twelve-volt batteries and a full complement of taillights, headlamps, and turn signals. They should have seat belts, air bags, and safety-glass windows too. And every bicycle rider should be inspected once a year for hazardous defects and be made to wear a number plate hanging around his neck and another on the seat of his pants.
7. Bicycles are good exercise
And so is swinging through trees on your tail. Mankind has invested more than four million years of evolution in the attempt to avoid physical exertion. Now a group of backward-thinking atavists mounted on foot-powered pairs of Hula-Hoops would have us pumping our legs, gritting our teeth, and searing our lungs as though we were being chased across the Pleistocene savanna by saber-toothed tigers. Think of the hopes, the dreams, the effort, the brilliance, the pure force of will that, over the eons, has gone into the creation of the Cadillac Coupe de Ville. Bicycle riders would have us throw all this on the ash heap of history.
What must be done about about the bicycle threat?
Fortunately, nothing. Frustrated truck drivers and irate cabbies make a point of running bicycles off the road. Terrified old ladies jam umbrella ferrules into wheel spokes as bicycles rush by them on sidewalks. And all of us have occasion to back over bicycles that are haplessly parked.
Bicycles are quiet and slight, difficult for normal motorized humans to see and hear. People pull out in front of bicycles, open car doors in their path, and drive through intersections filled with the things. The insubstantial bicycle and its unshielded rider are defenseless against these actions. It's a simple matter of natural selection. The bicycle will be extinct within the decade. And what a relief that will be.
© P.J. O'Rourke
from 'Republican Party Reptile', The Atlantic Monthly Press, New York, 1987
I wonder if P.J. O'Rourke's childish complaints about bikes and those "organic-gardening zealots" who ride them were actually made to ridicule those who, in all seriousness, protest with red-faced hysteria about the "bicycle menace." Perhaps he was creating a satirical strawman. I don't know. Regardless of whether P.J. O'Rourke meant what he wrote or not, I have enough experience as a bicyclist and a lawyer representing bicyclists to know that a great many motorists do believe strongly in the viewpoints set forth in the essay.
How are these unreasonable folks to be dealt with?
RIDE -- O'Rourke's cheeky predication did not come true, of course. Far from disappearing from American roadways, bicyclists' numbers are increasing. Our new Secretary of Transportation, Ray LaHood, seems committed to policies meant to increase our numbers even more. The future looks bright for bicyclists. Continue to ride. Recruit others to ride. The more people ride, the louder our collective voice will become and the more likely it is that those who are in a position to initiate change -- and fund and build "complete streets" -- will take notice and respond.
ADVOCATE -- Truth is, riding alone will not affect change. A safer and smarter traffic infrastructure will come about with organization. Motorists who think bicyclists do not belong on our streets will not learn better without it either. Join some of the many excellent, committed groups out there actively fighting on behalf of bicyclists. Many of these groups are staffed by smart, committed people who have the ear of legislators. They give bicyclists access to the mechanisms of change. A list of many such groups are listed down the right side of this blog. Locally, I recommend the Active Transportation Alliance. It is a fantastic group of Chicago bicyclists for Chicago bicyclists.
FIGHT -- Motorists should be placed on notice that negligent conduct comes with consequences. If you open your door without looking, make a right turn without paying attention, fail to give cyclists three feet of space, or otherwise drive like a knucklehead and hurt a bicyclist you will be sued. You will pay for your mistake.
Friday, December 11, 2009
Cheap Bicycle Helmets May Offer Adequate Impact Protection, But. . .
Tuesday, December 1, 2009
League Releases List of "Complete Streets"
Tuesday, November 3, 2009
Headphones Are Legal But Not Smart
One might argue that if drivers are prohibited from wearing headphones, bicyclists are too. Afterall the Vehicle Code states that, "Every person riding a bicycle upon a highway shall. . . be subject to all of the duties applicable to the driver of a vehicle." (625 ILCS 5/1502) True enough. However, the state statute dealing with headphones (the law refers to them as "headset receivers") is quite specific. It states that, "No driver of a motor vehicle on the highways of this State shall wear headset receivers while driving." Under the law, a bicycle is not a motor vehicle. Therefore, the prohibition of headphone use does not apply to bicyclists.
So you may legally listen to your iPod while riding your bike in Chicago. The law says nothing about wearing a blindfold while cycling in the city either. Right; not a good idea. There are so many things the urban bicyclist must be attuned to while riding in the city: Trucks, cars, buses, potholes, pedestrians, lights, signs, little dogs, the weather, etc. I think it is crazy to diminish one of your senses while navigating a bicycle through this gauntlet of hazards and distractions. By plugging your ears and pouring music into your fully occupied brain while biking you are just asking to get into an accident. Just leave the iPod at home. Or, better yet, if you really must have music, sing while you ride. Maybe then the pedestrians with their little dogs will hear you coming.
L.A. Physician Convicted In Road Rage Incident
Hopefully, had this incident occurred in Chicago the state's attorney's office would have been just as aggressive as their L.A. counterpart in prosecuting this matter. It is important that a strong message be sent to motorists: Share the road, or face the consequences.
Friday, October 30, 2009
Take The Lane, Please
Wednesday, October 21, 2009
How To Report Bike Lane Hazards To CDOT
Chicago bicyclists should report roadway hazards to the city, especially when the hazard, e.g. a pothole or sinkhole, is present in a bike lane. I recently inquired via email with the Chicago Department of Transportation (CDOT) as to how residents may report hazards in the city's bike lanes. There are two ways to do so, by calling Chicago's help line at 311 or online at www.servicerequest.cityofchicago.org. Here is the email thread:
Two questions:
1) To whom should I report hazards or dangerous conditions, i.e. sink holes, debris, etc., in bike lanes, paths and bike ways in the City of Chicago?
2) How should I make such a report?
Thanks.
--
Brendan Kevenides
--
Dear Mr. Kevenides ,
Thank you for your letter. We appreciate your dedication to bicycling and your enthusiasm for improved bicycling facilities in the City of Chicago.
One if the quickest and most effective ways to report pavement damage is to call 311 and input the information yourself directly into the system and onto the maintenance list. You can also do this online at https://servicerequest.
Establishing and maintaining quality bikeways is consistent with Mayor Daley’s goals of creating safe road conditions for all users and encouraging bicycling in Chicago. Your input encourages our implementation of these goals.
Sincerely,
Joshua Koonce
Bikeways Planning Assistant
Chicago Department of Transportation
Chicago Bike Program
30 N. La Salle Street, Suite 500
Chicago, IL 60602
It would seem that the online reporting option creates a clear record of a complaint about a hazard. After submitting a report you will receive a message that states:
Service Request Entry Complete!
Thank you for reporting your city service needs. You will receive a confirmation e-mail with your service request tracking number and a link to the status query page once your service request has been added to the primary service request tracking system. . .
There is a "tracking system"! This is significant because it means that the injured cyclist's attorney can make a request to CDOT for any and all electronic "service requests" within the "primary service request tracking system" to obtain proof the city knew of a particular hazard. Perhaps CDOT creates written documentation of service requests that are made via telephone. But it is clear that there is typewritten documentation of such requests that are made online. Having typed complaints about a particular hazard that the city failed to respond to would be a tremendous help to the injured bicyclist and his or her attorney. When making an online service request please be as specific as possible. For example, if you are reporting a pothole in a bike lane, when the online form asks, "What size and shape is the pothole?" you should respond with something like, "Pothole is in the bike lane in front of ABC store, is quite large and presents a hazard to bicyclists." With this kind of description who could argue credibly that the city was not on notice of the hazard and the danger it posed to cyclists?
One thing was not made clear to me from my inquiry with CDOT: For how long service requests are kept in the "system". Does CDOT keep such requests for 30 days, 6 months, 7 years? One would hope that requests are kept until such time as the hazard is repaired or corrected, but who knows. In any big organization data, information, documents can just disappear by accident or not. In light of that reality I propose that if you submit an online service request to CDOT regarding a bicycling hazard that you send a copy of the confirmation email you will receive following your request to The Chicago Bicycle Advocate at bhk@kenneallylaw.com. In that way we will have a data source to look to when clients come to us with a case arising out of a roadway hazard. Working together we can make Chicago safer for bicyclists.
Monday, October 19, 2009
Why Bicyclists Tend To Ignore Motor Vehicle Laws
Wednesday, October 14, 2009
Increased Severity of Bicycling Injuries In The U.S.
A report about the findings can be found at Reuters.com with quotes from the lead study researcher.
Tuesday, October 13, 2009
A Website That Could Help You Ride Safer
- Where have cyclists experienced close calls?
- Where have cyclists been hit and injured?
- Where have cyclists been killed?
- Where have dogs chased cyclists?
- Where are the pot holes located?
- Where have cyclists been harassed by motorists?
Monday, September 14, 2009
Improvement Planned For Chicago Lake Front Bicycle Path
This would be a most welcome change. Anyone who has ridden the lake front path near Navy Pier and over the Chicago River knows how treacherous it becomes there. Bicyclists, joggers, pedestrians and inline skaters are now required to squeeze through a pretty small area. Redesigning and fixing that part of the path is a no-brainer in order to make the lake front safer and more enjoyable.
Thursday, September 10, 2009
Website Helps Bicyclists Plot A Safe Route Through The City
Ride The City started in 2008 by Vaidila Kungys (@vaidila) and Jordan Anderson (@jordan_anderson) who met as students at New York University's urban planning program. According to the website, "Like . . . other mapping applications, Ride the City finds the shortest distance between two points, with a difference. First, RTC avoids roads that aren't meant for biking, like highways and busy arterial streets. Second, RTC tries to steer cyclists toward routes that maximize the use of bike lanes, bike paths, greenways, and other bike-friendly streets." The site started out offering mapping services for New York City bikers, but in June, 2009 it added Chicago. Austin and Louisville were also added this summer. Much like Google Maps and Mapquest, the user chooses two points on a map and the application depicts a route. You get to choose whether you'd like to see the most direct route, a safe route or a "safer" route. The service works well for middle-agers like me and for folks more like my mid-20s self who just want to get there fast. My only complaint with Ride The City at this point is that you have to be at a computer to use it. An iPhone or other smartphone application would be tremendously helpful.
Friday, September 4, 2009
Two Options For Left Turning Bicyclists In Illinois
Let's use the intersection of Milwaukee Avenue and Armitage Avenue in Chicago to illustrate how to make a legal left:
View Larger Map
The view above is from northbound Milwaukee Avenue approaching its intersection with Armitage. Riding our virtual bicycles, we wish to turn left onto westbound Armitage. Under Illinois law, we have two options for doing so. Section 11-1510 of the Illinois Vehicle Code states:
(a) A person riding a bicycle or motorized pedalcycle intending to turn left shall follow a course described in Section 11-801 or in paragraph (b) of this Section. (emphasis added)
Option 1 (Sec. 11-801): If traffic permits, you may take the extreme left lane of northbound Milwaukee Avenue, in this case the designated left turn lane, and turn as a car would. The law states that, "Any person operating a bicycle . . . upon a roadway at less than the normal speed of traffic . . . shall ride as close as practicable to the right-hand curb or edge of the roadway except . . . When preparing for a left turn at an intersection or into a private road or driveway." 625 ILCS 5/11-11-1505. (emphasis added) Pedaling along the right edge of northbound Milwaukee, you may merge into traffic to the left turn lane as you begin to approach the intersection. Section 11-801(2) states:
The driver of a vehicle [bicycle] intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
Simple, right? You have the same rights and responsibilities as a motor vehicle when it comes to turning left. That point noted, it is sometimes just plain dangerous and frightening to merge across lanes of moving motor vehicle traffic on a bicycle. Recognizing that, Illinois law provides a second option.
Option 2 (Sec. 11-1510 b): This option does not require taking the left lane of Milwaukee Avenue at all. Instead, we would pedal our virtual bike in the right lane of Milwaukee Avenue across Armitage, assuming of course the traffic light is green in our favor. We would then position ourselves in front of Walgreens, facing westbound on Armitage. The best place would probably be to the right and a bit in front of the red minivan in the photo above. After doing so we would wait for the light controlling traffic on Armitage to change before proceeding west. Section 11-1510(b) states:
A person riding a bicycle. . . intending to turn left shall approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist. . . shall stop, as much as practicable out of the way of traffic. After stopping the person shall yield to any traffic proceeding in either direction along the roadway such person had been using. After yielding, the bicycle. . . shall comply with any official traffic control device or police officer regulating traffic on the highway along which he intends to proceed, and the bicyclist. . . may proceed in the new direction.
Option #2 is probably the safer approach but may not be the fastest way to make a left turn. Of course, if you get into a bicycle accident you may not go anywhere quickly for quite some time. The approach you take should depend on the intersection, traffic conditions and your skill and comfort level as an urban cyclist. Remember, that just because you have the legal right to do something does not mean that you should. In a bike accident, the cyclist usually loses.
Tuesday, September 1, 2009
The Frail Mistress That Is Carbon Fiber
Monday, August 31, 2009
No Helmet Obama, No Worries
Tuesday, August 25, 2009
A Better Approach For Illinois Bicyclists: Our Own Private Idaho
Image via Wikipedia
Presently, Illinois law states that, "Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code. . ." 625 ILCS 5/11-1502. Not surprisingly, the Illinois Vehicle Code requires all vehicles to stop at all traffic control devices directing him or her to do so. 625 ILCS 5/11-305. I submit, however, that this law is impractical. Bicyclists are not going to halt at stop signs for two reasons: (1) As anyone who has ridden a bike will attest, momentum is vital. A bicycle is fun because of the freedom of movement it encourages. Gliding along the pavement without doors or walls or a roof, under one's own power is what makes it so enjoyable. Constantly, starting and stopping at every sign and light in the city is just a drag. Why even bother to ride then? (2) Though Illinois law treats bicycles as "vehicles" like cars, buses and garbage trucks, bicyclists do not see themselves that way. Bicyclists see themselves as something between a pedestrian and a "vehicle". Bicycles operating in the city can at times travel nearly as fast as a car. At the same time, bikes are not nearly as heavy as other vehicles. They have a light maneuverability like a pedestrian. What sense does it make for a bike to be required to lumber about like a CTA bus?
For those of you nodding your heads in agreement I have one word for you: Idaho. Since 1982, Idaho law has been unique in what it requires of bicyclists. When approaching a stop sign bicyclists in Idaho may merely slow before proceeding through an intersection if it is safe to do so. Upon approaching a red light a bicyclist must stop, but after doing so may proceed through the intersection once it is safe to do so even if the light remains red. If the cyclist's intent is to turn right at a light controlled intersection, he or she may simply slow and go like at a stop sign. The full statute states as follows:
(1) A person operating a bicycle or human-powered vehicle approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of highways, except that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a turn or proceed through the intersection without stopping.
(2) A person operating a bicycle or human-powered vehicle approaching a steady red traffic control light shall stop before entering the intersection and shall yield to all other traffic. Once the person has yielded, he may proceed through the steady red light with caution. Provided however, that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a right-hand turn. A left-hand turn onto a one-way highway may be made on a red light after stopping and yielding to other traffic.
(3) A person riding a bicycle shall comply with the provisions of section 49-643, Idaho Code.
(4) A signal of intention to turn right or left shall be given during not less than the last one hundred (100) feet traveled by the bicycle before turning, provided that a signal by hand and arm need not be given if the hand is needed in the control or operation of the bicycle.
This statute makes good sense. It does not allow bicyclists to simply ignore traffic control devices. They must look for traffic and yield the right-of-way to vehicles in or close to the intersection. It recognizes the reality that bicyclists are hybrid travelers, not quite vehicles and not quite pedestrians. It also codifies what cyclists do anyway. By making this practice legal, everyone on the road can proceed happier. Bikers can proceed with the confidence that by exercising this slow and go approach they are complying with the law. Motorists will be put on notice that bikes may not stop at controlled intersections. Maybe bicyclists will be no longer be viewed by motorists as outlaws on city streets, thumbing their noses at laws they themselves are required to obey. Maybe changing the law will help foster mutual respect between cyclists and drivers. Fingers crossed.