Arizona Bike Law Blog

Bad Drivers and friendsofcalholman.com

(motorist) Cal Holman was killed in a horrific traffic collision in 2007 involving very high speeds and alleged street racing. Going on 5 years later a lot has and continues to happen, the two other drivers have eventually plead guilty to certain crimes, one went to prison. The other involved driver is currently requesting his probation be reduced.

The site friendsofcalholman.com is doing, and has done an excellent job of making things that we rarely see available; such as the actual plea agreements.

On a larger scope, they have exposed these two men’s driving history; again something we rarely get to see. According to friendsofcalholman the two,

Van Brakel was driving an AMG Mercedes, after hitting Cal Holman his car continued 75 feet past the intersection. Van Brakel hit first on the passenger side. He did not sustain any injuries in the crash…  Since 2004 there have been 7 tickets for various moving violations. Driving 55 in a 35 zone, 67 in a 40 zone, and failing to yield in a cross walk are a sample of his driving record… Van Brakel has several pervious driving violations. One ticket in 2004, was for doing 120 miles per hour in a 75 miles per hour zone. [link]

and the other:

Aronica’s Mustang flipped on impact and landed in the ditch on the side of Scottsdale … Aronica was injured with a broken arm and his passenger had minor cuts…. Since 2002 Aronica has had 13 citations. On December 3rd, less than four weeks prior to the accident where he hit and killed Cal Holman, he was cited for doing 88 miles per hour in a 60 miles per hour zone. This was in Texas while he was traveling to Arizona… Other citations include speeding. In Virginia speeding 84 in a 65 zone, in Florida traveling 20-29 miles per hour over the posted speed, again in Virginia speeding 79 in a 65 zone, in Maryland he had four speeding violations, and in Michigan he has 3 violations for speeding including a careless driving and a 78 in a 55 zone. [link]

This really makes me wonder how such repeated dangerous driving behavior can be tolerated — why weren’t their licenses suspended or revoked before they killed somebody? Traffic collisions, even after a marked decline, continue to be a leading cause of death for Americans. Who’s minding the store?

Do drivers stop at stop signs?

I thought this was completely non-controversial. We all know that a full stop is required (for bicyclists, too, by the way) by law, always,  and that there is no wiggle room. Do drivers slow down? Yes, often. Do they make a full stop? Rarely.

Or rather, it completely depends on traffic — if there is conflicting traffic they do (usually) stop; otherwise RARELY. Here is a brief clip where 1 driver stopped (well, almost, but I’ll give it to him) to yield to cross-traffic, and then the next SIX rolled through without stopping:

If that’s too short for you, here is a longer clip that I didn’t even bother to count — the story is exactly the same; DRIVERS RARELY STOP AT STOP SIGNS.

For the technically curious: there is no (marked) crosswalk in this direction, nor is there a painted stop line, here is the statute regarding stop signs: §28-855.

Why do they do it?

See Stop Sign Compliance for discussion and links to some social research studies that offer some explanations. In social research, it is referred to as an example of a “folk crime” (dubbed so apparently by H. L. Ross in 1961, see Traffic Law Violation: A Folk Crime, 8 Social Problems 232).

The more direct explanation is people (drivers and cyclists are people, after all!) act in ways that they perceive as rational and reasonable, and pay scant attention to the letter of the law.

Do drivers stop before making a Right Turn on Red?

It is the same story. Here’s a clip in case you are interested (sorry, but you’ll have to skip in about 40 seconds in order to be able to see the traffic signal).

Do bicyclists run Red Lights?

Here is an interesting published article that goes along along with the compliance theme  from AAP: Riding through red lights: The rate, characteristics and risk factors of non-compliant urban commuter cyclists, via a posting at www.roadswerenotbuiltforcars.com/motorists-front-of-judea-what-have-the-cyclists-ever-done-for-us/

Camelback Road Diet and Buffered Bike Lane

Here are some city documents:

• Detailed UPDATED drawing.
• Detailed original drawings.
• Presentation discussing the Diet.

The Diet

The diet part of the plan seems like a slam dunk… Normally any road diet is opposed becasue of fears that the lane removal will increase automobile congestion. In this particular case, that isn’t possible because of the unusual circumatance that this 1-mile stretch of 3 through lanes in each direction, is bounded on both ends by 2 through lanes. I.e. both north of Bethany Home Road, and south of Camelback Road is already only two lanes.

The Buffered Bike Lane

The “problem” then became what to do with “extra” space? A generously wide bike lane, including gutter is only 6′ wide, and the diet meant that 12′ of space had to be filled (in both directions). The answer came in the form of placing a 6′ buffer between the bike lane and the rightmost traffic lane. A.k.a a Buffered Bike Lane, see e.g. nacto.org.

I am somewhat skeptical of placing space between cyclists and overtaking vehicles. While this is presented as an un-alloyed good thing by many facilities advocates, it clearly has safety drawbacks which usually go unmentioned. here is a more balanced view, as presented in the Feb 2010 (the latest) Draft AASHTO Guide, p.78 (my emphasis):

Striped buffers may be used to provide increased separation between a bike lane and another adjacent lane that may present conflicts, such as a parking lane with high‐turnover or a higher speed travel lane. The benefits of additional lateral separation should be weighed against the disadvantages; a buffer between the bike lane and the adjacent motor vehicle travel lanes places cyclists further from the normal sight lines of motorists, who are primarily looking for vehicles in the normal travel lanes, and buffers between the travel lane and bike lane reduce the natural “sweeping” effect of passing motor vehicles, potentially requiring more frequent maintenance.

 That all being said, I objected to the original design which called for the outer buffer stripe to gradually arc into the intersection. This seemed to me to be a recipe for extra right-hooks. City staff readily agreed to my and Gene’s suggestion to end the buffer ahead of each intersection, and then a bit of dashed line; which is incidentally, as shown in the NACTO guide as recommended. (so thanks to Kerry Wilcoxon, and Joe Perez).

This should make the buffer “not bad” at intersections, yet doesn’t do anything for the many driveways. In other words, it should be no worse than a standard bike lane at intersections, but I fear it will raise risks at driveways relative to bike lane. So anyway, I’m reserving my judgement on the whole buffered bike lane thing. The hope is that it will encourage/entice cyclists off the sidewalks, where most collisions occur. However that doesn’t help the legally

The re-striping

The striping project apparently happened on schedule 4AM Saturday morning 1/7/2012, there are some pics on P4′s Facebook page (f.b. login required to view). TBAG has listed a ride to visit the new work on 1/8/2010.

Shoulder Use

— DRAFT —

Shoulder Use

When must I ride my bicycle on the shoulder? 

First, it’s important to define what a shoulder is, and isn’t.  ” ’Roadway’ means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder”  §28-601(22). Our roadways are typically divided into one or more travel lanes in each direction, with a solid white stripe, called an edge line (often referred to as a fog line), at the right edge of the rightmost lane. The area to the right of the edge line is the shoulder. Note that not all roads have edge lines. It’s also possible to have a left edge line and a left shoulder, for example on a one-way street or divided road.

A quick word about bicycle lanes: bicycle lanes are not shoulders, and shoulders are not bicycle lanes. Bicycle lanes must be marked according to MUTCD specifications and designated as such by the local authority; this usually involving both a stripe and painted symbol ground markings and (now optional) “bike lane” regulatory signs.

In Arizona a bicyclist generally may travel on any shoulder  – because it is not prohibited by statute. However, on controlled-access highways jurisdictions may, and do, restrict bicycle use (§28-733). Likewise, local authorities may regulate the operation of bicycles on roads under their jurisdiction; although this is uncommon (§28-626 & 627).

Arizona has no mandatory shoulder use law. §28-815A specifies where, laterally, a bicyclist must ride when riding on the roadway. It contains no provisions for requiring removal from the roadway onto any shoulder, ever.

Bicyclists must ride “as close as practicable” to the righthand edge of the roadway; but only if the lane is wide enough to share, and have no general duty to not impede other drivers nor to travel as fast as motorized traffic, that is to say §28-704A  and §28-701E are inapplicable to bicyclists because they specifically apply to drivers of motor vehicles. Bicyclists, on two-lane highways, that is one lane in each direction, have a duty to pull off the roadway, when safe, if impeding five or more vehicles and passing is unsafe (§28-704C). If a shoulder is available and safe (e.g. clear of debris, wide enough to completely exit the roadway), a bicyclist under such conditions would be required to leave the roadway and allow traffic to clear.

Typical roads in urban settings are multiple lanes in each direction, and as such 28-704C is not applicable. The law presumes that faster traffic can overtake in one of the other available lanes, so bicyclists are never required to leave the travel lane.

xxx xxxxx, Esq. xxx Legal Advisor

xxxx is an attorney, specializing in representing bicyclists who have been injured in motor vehicle collisions. In addtion to his activities with CAzB, he serves as the chairman of the Enforcement Subcommittee of the Tucscon-Pima BAC. xxx is an LCI, a League Certified cycling Instructor. Contact him here.

— DRAFT —

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Some further references

• Bicyclists are generally granted the same rights and responsibilities as a driver of a vehicle, see §28-812.
• ADOT policy 1030: Controlled-Access Highways as Bikeways specifies exactly which freeways bicyclists are allowed to use (shoulder only).
• More about designated Bike Lanes.
• More about Edge Lines; see MUTCD Section 3B.06 Edge Line Pavement Markings

…

Is Bicycling Dangerous?

Short answer: yes, as with all modes of transportation, it entails some danger.

Longer answer: yes, similar to the risk of motoring — perhaps twice as risky. but how to measure? (per mile, per trip?). Bike-MV collisions are currently running 2% of all in AZ. Bicycling represents perhaps 1%, i.e. twice the risk.

For the moment, this is going to be a catch-all for links and related info on the topic. Links:

• http://www.bicyclinginfo.org/facts/crash-facts.cfm
• http://www.kenkifer.com/bikepages/health/risks.htm
• Mighk Wilson’s essay freedom from fear .
• Another essay in the same vein by a UK sociologist Dave Horton: Fear of Cycling.
• My posts about the books How Risky is it Really? and Free Range Kids.

Read the rest of this entry »

DZBLs and Bicycle Facility Advocacy

For those who might not be aware of the problems created when a cyclist rides too closely to parked cars; this video is a powerful graphic illustration of what happens when a cyclist collides with an opened door of a parked car.

Not only are the injuries from striking the door potentially serious, the physics of the situation immutably means that the cyclist ends up being thrown into traffic. This last part is something that I had not been aware of…. so please watch the video….

Experienced cyclists know to avoid this danger by simply riding further to the left, unfortunately the timid or untrained gravitate too far to the right because they misunderstand the sources of danger.

So, then there’s a “door zone” near any parked vehicle which can lead to a collision, otherwise referred to as a “dooring”. The risk is heightened when a bike lake is placed too-near parking, thus the term DZBL, a Door Zone Bike Lane. Cyclists, quite naturally, expect to be able to safely ride down the middle of any bike lane.

Dan Gutierrez has an extensive set of photos and slides showing dimensions and examples in facebook photo album: Door Zone Bike Lane and Sharrow Clearance .(which apparently now must be logged into facebook to view, even though it’s public — damn facebook).

There are loads of other references on the internet, just search for DZBL or ‘dooring’ see e.g. commuteorlando.com , John Allen on dooring  . Read the rest of this entry »

Loop wall down, loop wall down!

12/29/2011: A wrapped (i couldn’t quite read what it said?) pickup pulling a trailer apparently lost control and (of course) drove over the sidewalk and knocked down a wall on the Warner-Elliot loop near Nambe Street. Here is the ahwatukee.com story; following their pattern, police didn’t identify the driver saying only he was a man in this 60s.

This is less than a mile away from the site where a driver lost control and iced a jogger, Rene Karlin, on the sidewalk back in August. Whatever happened to that investigation of the un-named driver? Why is the driver un-named? Nobody bothers to report. Nor did police bother to release the name of the elderly driver who drove into Lakewood’s fountain last year.

For some more wall knockings down see here, very popular pass-time.

In other news, I usually consider residential streets pretty calm and serene, and they usually are — then there was this parked car that got whacked on Desert Broom Way just two-door away from my house on (i guess the early morning hours of) 12/28/2011… It got hit really hard, though it’s not apparent from this pic, besides the obvious side-swipe damage, the rear wheel was pushed way ahead and the tire flattened; this car is going to need a LOT of work to get it right.

And while I’m on the subject, here’s a pic of a car I discovered abandoned a couple of weeks ago that had run off of Ray Road, crossed the sidewalk, and landed in the bushes. It must have been going pretty fast becasue jumping the curb flattened all of its tires. Sheesh. I imagine it was stolen.

AZ legislature tweaks DUI laws

UPDATE: 12/26/2011 ; new, reduced penalties kick in in a few days… DUI sentences to ease in 2012 for first time offenders:1st-time offenders will be rid of interlock devices sooner

——– original article follows ——–

The dramatic weakening of what were formerly among the most severe DUI penalties in the US take effect in mid-July 2011 – Hundreds of new Arizona laws take effect this week

In what seems to be annual ritual, the Arizona legislature passed and the governor signed changes to Arizona’s DUI laws via SB1200 (Spring 2011: 50th, 1st regular session).

There are a whole bunch of tweaks to the length of ignition interlock (IID), Read the rest of this entry »

Story in the Scottsdale Times about 3-foot law

This is a freebie paper published under various names: The Scottsdale Times, The Ahwatukee Times, etc…

I was generally not terribly unhappy (see my general complaints about media bias ) with how it turned out. I was pleased that the reporter, Christina Fuoco-Karasinski, was willing to spend some time researching information I sent her prior to a phone interview, which itself lasted perhaps 15 minutes. The parts I spoke with the reporter about came out pretty well:

According to the Arizona Department of Transportation, there were 1,914 accidents in Arizona last year involving automobiles and bicycles. A total of 25 bicyclists were killed by motorists in 2009, and 19 were killed in 2010. For comparison, a total of 762 motorists were killed [*] on Arizona roads during 2010, a fact Ed Beighe, of azbikelaw.org, a bicyclist activist website, says should be noted. “So while we’d all like to see bicycling be safer, bicycling represents a small part of an overall large problem,” Beighe says.

The number of injuries to bicyclists number in the thousands, however. There were 1,648 reported injuries to bicyclists in 2009 and another 1,583 in 2010.

“Most bicyclist-motor vehicle collisions occur when one or the other is making a turn movement [this probably would have been better stated as "turning and crossing" movements] — and not overtaking,” says Beighe, who stresses that he is not a lawyer. “But the relatively few overtaking collisions (bicycle struck from behind by a passing motorist) that do occur tend to be more serious than average.”

He says the 3-foot passing law is helpful in raising awareness among motorists. It shows drivers what to expect when overtaking and what they should see. However, Beighe says, the law itself is difficult to enforce and, in fact, “very, very few” citations have been issued outside of a collision, where it is often irrefutable that the motorist encroached upon the 3-foot right-of-way.

In many cases, when a bicyclist is struck and either injured or killed, no citation is issued for not allowing for three feet of clearance, says Sterling Baer, co-founder of Not One More Cyclist and himself an avid cyclist. The reason is that the cause of the accident often becomes a criminal act rendering the 3-foot citation irrelevant, as it takes a backseat to more serious felony charges.

“It actually hides or sort of skews the real statistics that show many of these kinds of events are happening,” Baer says.

berth rights: State law affords bicyclists a 3-foot right of way. Just try telling them it’s unsafe.

* The 762 figure is mis-stated. There were a total of 762 persons killed in fatal traffic collisions. Since 19 pedalcyclists and 155 pedestrians were included within that total, that leaves 588 motorists killed. See adot-2010-crash-facts for references.

$4,155 Per Year and Automobile Enslavement

So, it all started as a brief news item, with a handful of tantalizing facts

“…the typical American household will have spent $4,155 filling up this year, a record. That is 8.4 percent of what the median family takes in, the highest share since 1981″ —  At gas pump, 2011 was the year of the big squeeze. The AP / By Jonathan Fahey, December 19, 2011

It wasn’t clear to me who said so, but there was a reference to an outfit called the OPIS (Oil Price Information Service) and the facts seem to be wholly drawn from this item blogs.opisnet.com from their blog. Read the rest of this entry »