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Legislation Updates May Affect All Bicyclists by Tim Bustos, FBA Executive Director

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Legislation Updates May Affect All Bicyclists by Tim Bustos, FBA Executive Director Vol. 14, No. 4 Fall 2011 OFFICIAL NEWSLETTER OF THE FLORIDA BICYCLE ASSOCIATION, INC. Legislation Updates may affect all bicyclists by Tim Bustos, FBA Executive Director here have been many times months from individuals and institutions that over the years when I’ve tried really don’t want cyclists on the roadway – to get my fellow cyclists involved and they certainly don’t want to make fund- with bicycle advocacy, and my ing available to pay for it. efforts were simply met with an To bring everyone who’s concerned up to indifferent reply such as “Oh, I date on what’s happened recently – and what don’t care about that – I just want to ride.” to expect in the month’s to come, I’ve pre- I understand the basic sentiment, because pared a (very) brief summary of legislative we’d all like to ride more! However, what issues critical to cyclists in Florida. many cyclists don’t realize is that bicycle policies and programs at the state and federal Federal Legislation level do affect us whether we choose to get One of the most important pieces of legis- involved or not. lation FBA is tracking is the Federal Well-designed bicycle infrastructure just Transportation Bill. This is the bill that con- doesn’t materialize; it is planned, developed, gress must pass to help ensure the continued and funded by knowledgeable people at the funding of the U.S. transportation infrastruc- local, state, and national level involved with ture – including bicycling and walking. policy making. One of the most important components of Moreover, good bicycle educational pro- this funding for bicyclists and pedestrians is grams just don’t materialize overnight either. the Transportation Enhancements (TE) pro- These programs are carefully developed by gram, one of the primary sources of funding cyclists who are willing to go the extra mile for bicycle and pedestrian projects. However, to help ensure that other cyclists drive their due to the budget crisis, some hard line mem- bicycles in the safest and most effective man- bers of Congress would like to see the TE ner possible. provisions stripped from the Transportation Unfortunately, many of these important Bill. programs have come under attack in recent This is a critical source of funding for bicy- cle and pedestrian projects, but an extremely small slice of the whole transportation pie – approximately 1-2% – so it would have very little impact on the remaining budget. This is PAID also significant considering that biking and NONPROFIT U.S. POSTAGE POSTAGE U.S. walking trips account for 12% of all trips. PERMIT No. 2840 PERMIT No. JACKSONVILLE FL JACKSONVILLE As part of efforts to strip TE from the Transportation Bill, here are two myths we have already heard and you may hear repeat- ed in the months ahead: What the well-dressed cyclist will wear this winter Myth 1: “Transportation Enhancements Are YOU ready for the grim prospects of a chilly bicycle commute this winter? Some are fore- account for 10% of the entire Transportation casting record freezing temperatures. Others predict icy winds and mammoth snowfall. Or was Bill.” No, TE accounts for only 1½ %. that for northern Wisconsin? Myth 2: “Our bridges are falling apart If you are contemplating commuting by bicycle, now that the temperatures are somewhat more because we’re spending our money on such reasonable, check out the article on page 6 by The Gainesville Sun’s Ron Cunningham. In it he things as bike lanes and sidewalks.” Also justifies wearing the gear you see him in, above, and gives cogent answers to frequently asked untrue. Bridge maintenance is paid for under questions about commuting on two wheels. an entirely different account, and the amount available would not change whether TE is stripped from the Transportation Bill. For now, we have a “stay of execution.” The Transportation Bill passed September 15, but only with a six month extension. The good news is that it passed with a “clean extension,” with TE intact, but there is P.O. Box 916715, Longwood, FL 32791 P.O. already new legislation being introduced that New ‘Forever’ stamps to celebrate bicycling Please see Legislation, page 15 You can get your supply online or at your local USPS branch in 2012. ADVOCATING A BICYCLE-FRIENDLY FLORIDA 2 Florida Bicycle Association Central Florida Chapter... Bike/Walk Central Florida teams with MetroPlan Orlando and Winter Park Health Foundation to get Orlando off danger list Brad Kuhn ike/Walk Central Florida, “We all need to work together as a to identify locations that would benefit MetroPlan Orlando and community to make our streets safe for from engineering improvements and the Winter Park Health children and families,” said former enhanced enforcement. Foundation have launched Orange County Mayor Linda Chapin, co- The partnership will also include an 18-month education chair of Bike/Walk Central Florida. “Our developing education and outreach mate- and enforcement program goal, quite simply, is to get Metro rials. “In all that it does, the Winter Park to help make Metro Orlando off that Top 10 list.” “An effective safety program involves Health Foundation (WPHF) is dedicated Orlando safer for pedestrians. Bike/Walk Central Florida will conduct much more than just educating pedestri- to helping develop the healthiest com- Funding for the effort will be provided the study under the direction of the ans,” said FBA board member Mighk munity in the country, so it made perfect by MetroPlan Orlando and the Winter Center for Education and Research in Wilson, who is a smart growth planner sense to lend our support to this collab- Park Health Foundation. Safety, a private consulting firm with for MetroPlan Orlando. orative project,” said Lisa Portelli, In 2010, there were 59 pedestrians more than 20 years experience and docu- “This three-prong approach reflects WPHF Program Director. killed in Orange, Seminole and Osceola mented successes around the world, what is necessary to make our transpor- “It is our hope that improved pedestri- counties. A 2011 study, Dangerous by including Gainesville and St. Petersburg. tation system accessible and safe for an safety will result in a community Design identified the greater Orlando The Winter Park Health Foundation those who drive, ride, and walk through- environment that helps people young and area as the nationwide leader in pedestri- will provide $108,250 of the project’s out our region.” old to become more active, and stay that an fatalities over the past decade. $150,000 budget, the balance of $41,750 Previous Triple E projects around the way.” In response to findings in the report, coming from MetroPlan Orlando, as part country have shown dramatic results, Work on the project is expected to the Bike/Walk Central Florida “Triple E” of the transportation planning organiza- with the percentage of cars yielding to begin immediately. Data collection and initiative will combine aggressive law tion’s commitment to improving pedes- pedestrians in targeted crosswalks enforcement are scheduled to start in Enforcement with Education and low- trian safety. increasing from single digits to 80 per- January. A final report is expected in the cost Engineering to get more drivers to Principal researchers Dr. Ron Van cent, and up to 90 percent in some areas. second quarter of 2013. Outreach and yield to pedestrians in crosswalks, Houten and Dr. Louis Malenfant will Follow-up studies have shown the results education will begin in Orange County increase civility and create a more liv- work with MetroPlan Orlando, law to be sustainable over time, with and expand to cover surrounding areas in able, walkable community. enforcement agencies and traffic planners enforcement and education being key. future years, as resources permit. ASK A CYCLING ATTORNEY... To avoid a stopping violation, make sure your stop is ‘visually’ correct Attorney J. Steele Olmstead practices law statewide from offices in Tampa. One of his by J. Steele Olmstead, Esq. specialties is bicycle law and he’ll even come to you...wherever you got broken. “Dear J. Steele: I was given a ticket for tary stop, called commonly a “track stop” It’s this upward movement the officers look Secondly, put your hand down,left hand/fore- Qrunning a stop sign. The statute number (track bike’s stop), is STILL a stop. for to judge a stop. arm down with open palm facing backwards. I was charged with violating is 316.123(2)(a). There are two other legal concepts in these During 25 years sitting in traffic hearings I See? I was locked into the pedals on my bike but I cop-said/rider-said face offs: “impeachment” have heard lots of “creative” stories from Using these two visual cues, you obtain did stop, just briefly. I was doing ‘track stop.’ and “opportunity to observe.” drivers “how I really did stop judge.” The argument advantage. The nice beach cop wasn’t impressed with Impeachment is attacking a witness’ testi- dispositive question the judge asks is: The officer, judge or traffic court magistrate my explanation. If she has video, I am not mony by questions the witness’ ability to “Officer/Deputy did you see the vehicle’s sees the video/visual cue of you, sticking sure it will show my momentary stops.” have seen the event. A witness has to have an front go down and up?” Without that visual your foot/hand out and indicating you are — Darrel in Sanibel “opportunity to observe” to give testimony cue the officer is too far away to really detect stopping. When the judge/magistrate asks about an event or he can’t testify. a stop. you “Did you stop?” This is a copsaid/ridersaid dispute.
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