The California Association of Bicycling Organizations opposes AB 1193 as recently amended.
First, we address concerns that bicycling would unintentionally be restricted from roadways adjacent to Class IV Bikeways, we recommend changing the word “roadway” to “highway.” [And, a similar and useful change has apparently been made; “adjacent to the roadway” instead of the original – good!]
Highway is the inclusive right of way. Roadway is that portion of the highway for vehicular (includes bicycle) travel. Calling the Class IV to be part of the roadway would likely though unintentionally invoke CVC 21202 and a requirement that bicycling may only occur in the Class IV bikeway; an outcome we oppose. An amended bill could read:
“(d) Class IV bikeways, also known as “cycle tracks” or “separated bikeways,” which provide a right-of-way designated exclusively for bicycle travel within a “highway” and which are protected from other vehicle traffic with devices, including, but not limited to, vehicular traffic. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or parked cars on-street parking.”
Second, Streets and Highway Code 891 should not be modified to remove local agencies’ responsibility for adhering to safety standards for bikeways per Section 890.6. Uniform specifications for bikeway design (HDM) is just as important as those uniform standards are for symbols, signs, markers and other traffic control devices (MUTCD) that remain in 890.8.
Third, Streets and Highway Code 891 (a) should remain in effect. The fact that Caltrans has so far been slow at providing an appropriate process for local agencies experiments with new bikeway designs is not sufficient justification for removing responsibility from local agencies for applying minimum safety design criteria for bikeways!
We therefore urge the Legislature not to pass AB 1193, instead to influence Caltrans to update its design standards and to implement an effective experimental process. Don’t throw out the baby with the bathwater.