Arizona Bike Law Blog

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  • Final 2010 U.S. Motor Vehicle Traffic Fatalities released

    Posted on December 8th, 2011 azbikelaw 3 comments

    Final 2010 figures

    …released 12/8/2011;  fastlane.dot.gov, at 32,885 the number is slightly higher than the early estimates which come out in the spring.

    The 2010 dataset is not yet available in FARS, which is a little strange given that last year’s data was released in September (i.e. 2009 dataset available September 2010). update: the 2010 FARS data came up sometime in early December.

    Final Arizona 2010 figures were released in August.

    Bicyclist Fatalities

    As bikinginla.wordpress.com  points out, 618 cyclist deaths in 2010 makes it the lowest overall figure in some 35 years. The Arizona figure, 19, puts it close to our 10-year average; coming off of a bad 2009 (25).

    Ped Problems?

    USA Today article: ”The USA is getting riskier for people on foot, and experts aren’t sure why.” Mike Sanders noted the ped issue, see comment here on the final Arizona 2010 figures.   Speed matters and need to redefine mobility – “Everyone should be familiar with the chart that shows that a pedestrian hit by a car traveling at 20 miles per hour (mph) percent survivability rate. That same collision with a car going twice as fast, 40 mph, will lower the survivability likelihood to 15 percent” (Laplante and McCann, Complete Streets: We Can Get There from Here, ITE journal, May 2008).

    An rather than viewing it as a zero-sum game where motorists must lose mobility in order to make streets safer for peds; Beyond Safety in Numbers suggests that the safer streets for peds are quite likely safer streets for motorists as well.

    Early Estimate of Motor Vehicle Traffic Fatalities in 2010

    The early estimates come out in the spring (late march i think), here was the buzz at that time…

    The media is abuzz with projections released a couple of days ago by NHTSA that 2010 traffic fatalities are at there lowest number since the Truman administration, and the closely-watch per VMT figure is the lowest ever recorded. Early Estimate of Motor Vehicle Traffic Fatalities in 2010:

    A statistical projection of traffic fatalities in 2010 shows that an estimated 32,788 people died in motor vehicle traffic crashes. This represents a decline of about 3 percent as compared to the 33,808 fatalities that occurred in 2009…  The fatality rate for 2010 are projected to decline to the lowest on record, to 1.09 fatalities per 100 million VMT, down from 1.13 fatalities per 100 million VMT in 2009

    Here are the Early Estimates for 2009, and 2008. Read the rest of this entry »

  • Sales tax shortfalls delay highway plans

    Posted on December 8th, 2011 azbikelaw 1 comment

    What? a sales tax to build freeways? Why yes, it’s true — sales, and other general funds are often used to build roads and freeways. Though this particular tax (the prop 400 one-half percent general sales tax) supposedly goes to pay for all sorts of transportation projects — including light rail, local street improvements, buses, roads and freeways — the largest amount goes to build or expand limited-access freeways. These freeways in particular aren’t even open to bicyclists; but, along with everybody else, must pay the sales tax. Oh, and it’s not as though bicyclists are left out; bicycle and pedestrian improvements combined get 2% of the funds.

    What about fuel and other specific use taxes (like the VLT… for more, see Road Taxes)? They’re simply not enough. Automobility does not generate enough tax revenue to sustain itself, thus these subsidies to drivers paid from general funds. Not to mention any of the litany of externalities caused by driving — free parking, pollution, mayhem, etc.

    Some Valley freeway projects will be delayed up to five years by a sharp downturn in revenues prompted in part by the recession, regional transportation officials say.
    Proposition 400, approved by Maricopa County voters in 2004, imposed a countywide half-cent sales tax for 20 years to fund regional transit projects – freeways, streets, buses and light rail.
    maricopa-county-proposition-400-funds-shortage.html

    40 YEARS of sales taxes to build freeways

    Here are a few of the ins-and-outs of this tax, as you can see it started in 1985, was renewed for another 20 year run starting in 2005 — in other words it is more or less permanent; see e.g. this AzRepublic article (my emphasis added):

    Q: What does Proposition 400 do?

    A: It would extend for another 20 years a half-cent transportation sales tax in Maricopa County that was first approved in 1985 to fund freeway construction. Without voter approval for an extension, the tax expires at the end of 2005.

    Q: How much would be spent on each type of transportation in the MAG plan?
    A: Of the $15.8 billion dedicated to program funding, $9 billion, or 57 percent, would fund freeways; $2.7 billion, or 17 percent, would fund the regional bus system; $2.3 billion, or 15 percent, would fund light-rail expansion; and $1.5 billion, or 9 percent, would fund arterial streets.
    The remaining 2 percent would fund air-quality programs, bike and pedestrian routes and planning activities.

    The 2010 Five-year update

    Apparently there is a mandated audit to be performed every five years by the AZ Auditor General, here is the detailed report. The AZ Republic did a news story timed with its release, though it didn’t say much.

    The detailed report has some pie charts that don’t exactly match up with the Q&A; for example it shows, in percentages exactly 3 components: Freeways 56.2, Transit 33.3, and Arterials 10.5% One guesses that the 2 percent catch-all (which includes bike and ped planning) is snuck in somewhere. The report gives no details on the ancillary activities. Oh, and I learned a new acronym: RARF, the Regional Area Road Fund is where the prop 400 sales tax monies go. (the HURF, Highway User Revenue Fund, is where motor fuel taxes and vlt goes).

    The light rail came off pretty well; noting the thing was built on schedule and just slightly under-budget. Peer-city comparisons were generally favorable.

     

  • SB1218 – 2nd Regular Session – 1986

    Posted on December 5th, 2011 azbikelaw 1 comment

    Legislation prior to around 1997 is not available online, so below is the full chaptered version of a major bicycle legislation from 1986 (the xx-th legislature? i.e. the 38th legislature? i’m just guessing). Here is the scanned image — thanks to Justin for providing it — and let me know if you spot any discrepencies. See here for a chronology of bicycle legislative changes.

    Some of the changes were merely symbolic, e.g. removing references to play vehicle in conjunction with bicycles in the Article title. While others were important and substantial, and in addition allowed for greater conformance to UVC.

    Particularly significant, this legislation gives us our modern §28-815A — our “stay to the right law”, along with its many and significant exceptions, along with the alternate hand signal (§28-756) — these were done expressly to conform to UVC, as was the arm signals (I think. It also strikes me as odd that motorcyclists can’t use the right arm signal; and also vehicles with right-hand drive are out-of-luck as they may not give arm signals at all!). It also added the two-lane highway impeding clause to n §28-704 .

    “S.B. 1218 makes two changes in order to conform with the uniform vehicle code (UVC). The first change allows a person operating a bicycle to give a right turn signal by extending the right hand and arm horizontally to the right.  Second, it allows an operator of a bicycle to depart from the most extreme right position of the road in four specific situations…” – Revised Senate Fact sheet  for S.B. 1218

    Also notable; the mandatory sidepath rule was still in effect; it would thankfully be repealed in 1989. Read the rest of this entry »

  • Elite athlete killed in Maricopa collision

    Posted on December 3rd, 2011 azbikelaw No comments

    On 3/8/2011 mid-afternoon; Elite athlete Sally Meyerhoff was killed in a collision in (the town of) Maricopa, at the intersection of Maricopa-Casa Grande Highway and White and Parker Road (“White and Parker” is one road). The intersection is not anywhere near 90 degrees; as can be seen in the google maps. Read the rest of this entry »

  • Foshee Trial delayed again again again

    Posted on November 26th, 2011 azbikelaw 14 comments

    The manslaughter and endangerment trial of Gary Foshee in connection with a fatal traffic collision in August of 2009 has been delayed again and again and again.

    Trial was originally set for 5/24/2010; however it was reset because “Defendant needs additional time for expert to complete investigation…” (this was 9 months after the incident), so was first delayed to 7/26/2010.

    Then for some reason that was delayed.

    Then the trial set for 9/28/2010 was missed: “Defense counsel orally moves to continue the Trial. Defense counsel’s expert witness will not be available to testify at the Evidentiary Hearing…”.

    Then there’s a whole bunch more motions and case minutes.

    The case minute dated 5/16/2011 which re-sets the pre-trial conference to 5/18/2011, at which time i suppose the trial date will get set (again). “Due to the unavailability of Defense witness”. Trial was then set for August 15, 2011 (! exactly 2 years after the incident).

    Oops, another delay  (for seemingly unspecified reasons by the state; the defense did not object), make that trial date of 10/4/2011.

    Oops Oops again another delay  (again, for seemingly unspecified reasons by the state; the defense did not object): new trial date 11/28/2011.

    Oops, oops, another delay, another new trial date “The Court finds that delay is indispensable to the interests of justice… A defense expert is not available. IT IS ORDERED granting the Motion to Continue … resetting the trial to January 23, 2012“.

    Some background information and media reports about the incident which occurred 8/15/2009: Queen Creek hit-and-run; driver arrested Read the rest of this entry »

  • Torts Made Perfect: Litigating Bicycle Crash Cases

    Posted on October 13th, 2011 azbikelaw 1 comment

    North Carolina bicycling attorney Ann Groninger wrote an interesting paper entitled Litigating Bicycle Crash Cases. Read the rest of this entry »

  • Arizona has the highest cycling fatality rate?

    Posted on October 9th, 2011 azbikelaw 2 comments

    [updated October 2010: Final data for 2009 has AZ as 4th highest bicycling fatality rate (per capita, i.e. per population). See e.g. this media story referring to the BSAP]

    Tied to April being bike month in Arizona is of course a crop of media stories.

    Imagine how surprised I was to read that “Arizona has the highest cycling fatality rate, based on population in the United States”. Read the rest of this entry »

  • Motorcyclist killed by driver making a bad left

    Posted on October 8th, 2011 azbikelaw No comments

    Off duty Tempe police officer Scott Saffell died in a motorcycle-car wreck at an Ahwatukee intersection. The motorcyclist was proceeding straight through southbound 48th Street, when the unnamed driver made a bad left just north of Elliot Road. The “enhanced” criminal traffic charge would be 28-672.

    I don’t know why they don’t release the 24-yo female driver’s name. Now looking up court records to find out if she will actually be charged becomes that much more difficult.

    According to police, according to the driver this is “Looked but Failed to See” collision. Read the rest of this entry »

  • IIHS: SUVs Becoming Less Deadly

    Posted on September 30th, 2011 azbikelaw No comments

    It used to be that SUVs were both more deadly to others, because of something dubbed poor “crash compatibility”, and not particularly safe (or perhaps i should say: not as safe as they could have been) for their own occupants due to a propensity to roll over; see this 2005 IIHS study that looked at 1999-2002 model years. It was a bit of a lose-lose proposition.

    The latest version of looking at the risk of dying in any particular car, which covers model year 2005-2008, shows a marked decrease in SUV rollover deaths, presumably due to design changes in SUVs the most prominent being stability control “Recently calculated driver death rates for 2005-08 models show that drivers of SUVs are among the least likely to die in a crash. That change is due largely to ESC (Electronic Stability Control)”

    Who is your Crash Partner?

    Those studies look only at the risk of death to the driver of any particular vehicle — without regard to any other factors of the collision. It has long been known that SUVs pose a higher risk to others, because of their rigid frame design, which is also rides higher; in a collision with a car, particularly a t-bone, the rigid frame tends to slice into the car, disproportionately killing the car occupants. Happily, design changes made to SUVs have helped the situation, to the point where similar weight vehicles, whether they are SUVs or cars, have similar risk of death.

    “Whether you’re in an SUV or just sharing the road with one,” Nolan says, “recent improvements to these vehicles are making you safer.”

    The results don’t contradict the basic physics of crashes. Size and weight are still key, and a small, lightweight vehicle is going to fare worse than a big, heavy vehicle in a crash. In general, SUVs and pickups are heavier than cars, so in that sense different types of vehicles always will be mismatched. But the study shows that, beyond weight, differences in vehicle styles don’t have to be a safety problem.

    – IIHS, Effort to make SUVs, pickups less deadly to car occupants in crashes is paying off, news release 9/28/2011

     Pickups remain problematic, though even they have shown improvement.

  • Another Ray Road Wreck in Ahwatukee

    Posted on September 24th, 2011 azbikelaw 3 comments

    Westbound, single-vehicle, presumably one or more fatalities occurred Sept 24, 2011 early morning hours. The vehicle was apparently going way too fast, lost control and smashed into some trees in the median. I didn’t see any skids. The palm tree got decapitated, and a smaller tree was snapped off (you can see the original trees in the google maps streetview, below). The picture barely shows the twisted wreckage. The cops were keeping people way way way away. To the extent one wonders what was trying to be hidden? I was told I “can’t” take a picture. Weird.

    google maps view of the vicinity; E. Ray Road about mid-way between 33rd and 34th St.

    News Report

    Press coverage was brief; e.g. az rep piece that appears to have been drawn from a police statement:

    One woman was killed early Saturday morning after her car crashed into a palm tree, Phoenix police said. The crash occurred just before 2 a.m. Saturday near E. Ray Road and 33rd Street, said Phoenix police spokesman Tommy Thompson. The victim, 28-year-old Nicole Johnson, was driving at high speeds when she entered the center median and collided with the tree, Thompson said. She was taken to a local hospital where she died as a result of her injuries, he said. Police said Johnson was the only occupant in the single-vehicle collision, and it is unknown at this time if impairment was a factor.

    The KPHO piece is very similar, but mentions the model of vehicle was 2007 Mitubishi Eclipse.

     

    The Walls Continue to Keep Tumbling Down

    This area is the scene of many wall-knockings-down. There were two I know of in broad daylight within this past year. Here is a pic of one in the east 3200 block from March 2011. Less than a month before that, another careless driver knocked down a wall exactly 2 blocks west of here, that time at 34th Street.

    These are the result of extreme negligence, and it’s only by happenstance that no one gets killed. The broad sidewalk and shoulder attracts all manner of pedestrians, joggers, dog walkers and bicyclists.

    I haven’t seen the Phoenix Police Department doing any speed enforcement here in ages. Years. Don’t they love us?

    … update: on Sept 30, there was a motorcycle unit monitoring speed at 32nd Street and Ray at ~ 7:30 AM (which, by the way, is when traffic is pretty heavy, and it seems to me, less likely to be speeding.