Cyclists question Perry's bill veto

<font size="3">Despite strong bipartisan support, 'Safe Passage' bill fails to win support of governor.</font>

<b>By Libby Cluett</b><br><a href="mailto:lcluett@mineralwellsindex.com">lcluett@mineralwellsindex.com</a>

In an era when there are many more road crews, bicycles, pedestrians and electric scooters – used by an increasingly aging demographic – using the roadways, it seemed a bill clarifying a safe distance between these “vulnerable road users” and passenger or commercial vehicles might have its day in Austin.

Despite soundly passing the Texas Senate and House in May, Gov. Rick Perry recently gave the Safe Passing bill a “no go” veto.

Senate Bill No. 488 was intended to clarify and educate the public on the safe passing distance between a motor vehicle and a “vulnerable road user,” according to Texas Bicycling Coalition Executive Director Robin Stallings.

The bill was largely modeled on the the “Move Over Law,” passed in 2003, which requires drivers to take extra precautions when passing stopped emergency vehicles with lights activated.

SB 488 defined a safe passing distance around a vulnerable road users as three feet for a passenger car or light truck or six feet for commercial vehicles and heavy trucks.

It defined a vulnerable road user: a pedestrian – runner, physically disabled person, child, skater, highway construction and maintenance worker, tow truck operator, utility worker, other worker with legitimate business in or near the road or right-of-way, or stranded motorist or passenger; people on horseback; a person operating equipment other than a motor vehicle, including a bicycle, handcycle, horse-driven conveyance or unprotected farm equipment; or a person operating a motorcycle, moped, motor-driven cycle, or motor-assisted scooter.

It also set penalties. A violation to this law would be punishable by a maximum fine of $200. If the violation results in property damage, with a maximum fine of $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

If SB 488 had passed, Stallings said, “It would have benefitted 100 percent of Texans because we’re all pedestrians at some point.”

In May, the bill soundly passed in the State Senate, 26-5, and then passed the House 140-5 (then 142-0 in conference committee). Despite this, the TBC remained “cautiously optimistic” that it would pass Gov. Perry’s desk.

It didn’t, leaving many to ask why their governor vetoed this bill?

“I am very, very disappointed in the governors actions in vetoing the Safe Passing Bill,” said cyclist and Palo Pinto County employee Iris Stagner.

Stagner helps coordinate the county’s versions of the annual Ride of Silence – a nationwide event honoring those who are injured or killed by automobiles while riding bicycles and has spearheaded fundraisers for fallen riders in the past. She also rides her bike to work on occasion, competes in cycling races and rallies all over the state and helps coordinate area rides and other exercise activities to promote health for Palo Pinto County employees and residents.

“I happened to be in Seattle, Washington, when I received the news, which made it even harder to accept,” Stagner said. “Seattle promotes cycling as a mode of transportation, they have bike lanes and paths everywhere. So many people there use bikes for their daily commutes that it has to cut down on traffic congestion and air pollution. The bikes there do not hinder traffic because they have their own lanes.”

“This bill is just a small step in making that possible in Texas,” she added.

Upon signing the veto on June 19, Gov. Perry stated, “Many road users placed into the category of vulnerable road users already have operation regulations and restrictions in statute. For example, a person operating a vehicle being drawn by an animal is subject to the same duties as a motor vehicle, and a pedestrian is required to yield the right of way to a motor vehicle, unless he or she is at an intersection or crosswalk.

“While I am in favor of measures that make our roads safer for everyone, this bill contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users. In addition, an operator of a motor vehicle is already subject to penalties when he or she is at fault for causing a collision or operating recklessly, whether it is against a ‘vulnerable user’ or not.”

But there’s still the fact that the bill received overwhelming bipartisan support in the House and Senate.

“We believe the governor made a mistake in vetoing this bill that would have benefitted all Texans,” said Texas Bicycling Coalition Executive Director Robin Stallings.

“I’m very disappointed that Governor Perry vetoed two of my bills,” stated SB 488 coauthor Sen. Rodney Ellis (D-Houston). “One of them, the safe passing bill, would have provided protections for bicyclists, pedestrians, tow operators, disabled persons and other vulnerable road users. I worked with some of the most conservative members of the Legislature on compromises and in the end the bill had broad bipartisan support.”

“We’re disappointed that his office did not weigh in during the legislative process that got 25-5 [votes] in Senate and 144-4 in the House,” said Stallings. “There was overwhelming bipartisan support from every sector – the furthest right to the furthest left.

“There was no opposition from the trucking industry or transit authorities, [the bill] had support of AAA, AARP, motorcyclists, bicyclist and towing service operators. Law enforcement, prosecutors and defense attorneys were in agreement,” Stallings added.

He cited the bill’s local support.

Sen. [Craig] Estes and [Rep. Jim] Keffer both supported the bill. Palo Pinto County commissioners wrote a resolution supporting bill,” he added.

“The authors were responsive to people’s concerns,” he said, adding that Sen. Estes initially had some reservations about SB 488, but offered “constructive suggestions that were incorporated into an amendment and made a better bill ... that provides clarity to current law.”

“It’s important for us to learn to share the roads we have,” noted Stallings. “We are not defending cyclists behaving badly, they should be held accountable. It’s about motorists following the laws that are ambiguous. Right now, motorists do not understand [a safe distance].”

“It’s basically an educational law that helps motorists understand that it is life threatening to get within three feet of a vulnerable road user,” Stallings said. “If somebody drives aggressively and the other person is a vulnerable road users, they are actually threatening a life.”

One cyclists reported that cars or trucks swerved toward her when she rides, often crossing the lane boundary, rather than moving away and giving a safe distance. This type of passenger vehicle driving can create a scary and often dangerous situation, even for people trying to navigating their bicycles or walk to the local Mineral Wells Trailway.

Even if a driver doesn’t hit a vulnerable road user, Stallings said they could scare somebody from ever coming back to the roadway and might not come back to your county and spend money.

“England has over 1 billion per year in bicycle tourism,” he said, “We have ranches bigger than that island. The potential for Texas is much greater.”

“Palo Pinto is a great county. Bicycle-related tourism had a tremendous potential of producing non-ag sources of rural income – [such as] rooms at night, restaurants, food – through bike events, road rides and mountain bike ranches,” Stallings added.

“The roadways, since the Magna Carta [established in 1215 in England], have been for everybody. We all have the right to the roadways. They are not only paid for only by gas taxes, but from a combination of sources, including bonds and property taxes,” he said, adding that ultimately SB 488 “is intended to save a life. This law is about how close do you want someone to get to your child, parent or spouse.”

Stallings said that they first brought up the notion of a 3-foot passing law in 2001.

“Each session since then, we’ve brought up the idea for a bill. Never once did Gov. Perry express a problem,” he said. “Meanwhile more than a dozen states passed a similar law, including Oklahoma and Louisiana, which passed theirs two years ago.”

“The bottom line is Gov. Perry disrespected the legislating process and tremendous agreement and coalition that was put together to save the lives of Texans.”

“The large trucking companies in Texas carry too much weight in Austin and until we take a stand against them nothing will change,” said Stagner.

“Over 1,000 vulnerable road users were killed last year and this bill could have saved lives,” added Stagner. “I personally have experienced some very close calls with traffic. I have had objects thrown at me, vehicles deliberately cross onto the shoulder to intimidate me, I’ve been yelled at and run off the road. I always try to practice safe cycling and show respect for vehicles. I try to stay on the shoulder when possible and I always wave cars around me on two-lane roads when safe to do do.

“The health and environmental benefits are too numerous to list but affect everyone. If I ride my bike to work there is one less car in traffic and polluting the air we all breath. If I stay fit and healthy from riding my bike I’m not running up health-care costs. Multiply this in numbers of cyclist, and ‘could be’ cyclist if we just made the streets a little safer, and the benefits are mind boggling,” said Stagner.

“So, yes, I’m disappointed but I won’t give up on making Texas and Palo Pinto County a safer place to ride,” Stagner concluded.

In the meantime, Stallings said the TBC has a petition drive in the process and currently has over one million names. He said that Texan Lance Armstrong twittered in support from his European campaign.

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