AB 1193, what we said.

There has been/should be some concern and a lot of hype about AB 1193, the bill that some are miss-stating would free up cities from State standards for bikeways. Here’s what we at CABO have communicated to the bill’s author.

We appreciate interest and efforts of the Office of Assemblymember Philip Y. Ting to provide for more and safer bicycling. Thank you!

Although supportive of such efforts – CABO folks are very concerned that;
1) adequate study and review occurs so that resulting designs do not introduce hazards. Including the Caltran’s Calif. Bicycling Advisory Committee in design proposal review would be a good step in that process.
2) introduction of Class IV should not result in prohibition of bicycling on general traffic lanes… Not only do we oppose/fear introduction of mandatory side-path/Class IV use laws, but we fear increased harassment from motorists (and some law enforcement personnel) for bicyclists lawfully using general travel lanes where a separated facility exists.

Minimally we request consideration to –
1) Replace “protected bike lanes” in “Class IV bikeways, also known as “cycletracks” or “protected bike lanes,” with something else such as “Side-paths” or “separated Bikeways” or “segregated Bikeways”. The law would then read “… Class IV bikeways, also known as “Cycletracks” or “Side-paths” or “Separated Bikeways”…

2) Add legislative intent language such as “Class IV Bikeways are intended to provide additional places for people to choose to use a bicycle. Class IV Bikeways are not intended to reduce the utility of or prohibit bicycling on public roadways.”

3) We might try to add something to clear up the “trail immunity”/Prokop case issue… such as we are trying with the bike benefiting tax SB 1183 below.
Include an amendment to Government Code 831.4, below, as shown in red italic or (b) include an amendment the Streets and Highways Code §890.4(a): “A Class I and Class IV bikeways are not trails for purposes of Government Code Section 831.4.”

To change Gov’t Code as follows:
Section 831.4 – A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of:
(a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding, water sports, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district, boulevard district, bridge and highway district or similar district formed for the improvement or building of public streets or highways.
(b) Any trail used for the above purposes that is not a bikeway as defined in Section 890.4 of the Streets and Highways Code.
(c) Any paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health or safety. Warnings required by this subdivision shall only be required where pathways are paved, and such requirement shall not be construed to be a standard of care for any unpaved pathways or roads.

This entry was posted in Miscellaneous on by .

About Jim Baross

I bicycled across the USA from East to West in 1976 leading groups of bicyclists for the “Bikecentennial ’76 “event and again in 2007 riding this time from West to East with my two sons. I was first certified as an Effective Cycling Instructor in 1986 by the League of American Bicyclist and have been an active League Cycling Instructor for the League since then. In 2002 I gained acceptance as a Cycling Instructor Trainer and since then have conducted 11 training seminars for certification of League Cycling Instructors held in San Diego, San Jose, Santa Barbara, San Luis Obispo, Sacramento, Morgan Hill, Fairfax, and Palo Alto. I completed the San Diego Police Bicycle Skills Menu Course in 2003 and I have been an expert witness for bicycling crash incidents. I presently serve on several bicycling advisory committees and advocacy organizations. Chair - Bicycle-Pedestrian Advisory Working Group for the San Diego regional association of governments since 1995 Vice Chair - California Bicycle Advisory Committee for the State Dept of Transportation, a member since 1992 President - California Association of Bicycling Organizations Board member - California Bicycle Coalition California State Ambassador – League of American Bicyclists Co-Chair California Strategic Highway Safety Plan, Challenge Area 13, Improving Bicycling Safety Conferences, seminars and similar events at which I have attended and presented bicycling safety information and training include the following: Speaker/Presenter, Calif. Office of Traffic Safety, Summit “What to do about all these bicycles in Traffic”, 2009 ProWalk-ProBike Conference, Seattle WA., 2008 Attendee/Speaker, League of American Bicyclists, Bike Education Conference, Wisconsin and New York City, 2002 & 2007 Velo Mondial, Amsterdam. 2000 Speaker/Presenter, Calif. Office of Traffic Safety’s Summit “A Vision for Roads to Traffic Safety”, 2000 Speaker Autovation conference, San Diego 2005 Chair, California Strategic Highway Safety Plan, #13 - Improve Bicycling Safety Presenter, California Strategic Highway Safety Plan Summit, 2008 Anaheim Attendee, League of American Bicyclists, National Bike Summit, Washington, DC, 2006 & 2008 Presenter, Walk/Bike California Conferences, Oakland 2003, Ventura 2005, Davis 2007 Speaker, Making the Connection International Trails and Greenways Conference Presenter, Safety N Kids, Conference, “Children Learn Best by Good Examples From Those They Trust”, 2006 Speaker, ITE Conference 2006 Dana Point, Calif., “Engineering for Bicycling, From a Bicyclists Point of View” Exhibitor/Speaker, Lifesavers, National Conference on Highway Safety Priorities, 2004 References familiar with my bicycling background and experience include: Kathy Keehan, Exec Director San Diego County Bicycle Coalition, Ph: 858-487-6063, Email: execdir@sdcbc.org Stephan Vance, Chair Calif. Bicycle Coalition and SANDAG Senior Planner, Ph: 619-595-5324, Email: sva@sandag.org Ken McGuire, Chief Bicycle Facilities Unit, California Dept of Transportation, Ph: 916-653-2750, Email: ken_mcguire@dot.ca.gov Preston Tyree, Director of Education, League of American Bicyclists, 1612 K St., NW, #800, Washington, DC 20006, Ph: 202-822-1333 x 227, Email: Preston@bikeleague.org

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