Author: ArizonaBikeLaw

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). Busier streets 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 streets 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. Note also that the shoulder may or may not be paved, it is simply that region next to the roadway. Most of this discussion tacitly assumes a paved shoulder; however not all shoulders are paved. Continue reading “Shoulder Use”

Is Bicycling Safe? Is Bicycling Dangerous?

Short answer: 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:

Continue reading “Is Bicycling Safe? Is Bicycling Dangerous?”

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…. Continue reading “DZBLs and Bicycle Facility Advocacy”

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.

 

Newer Wall-down story from early 2013

This was on Kachina in Ahwatukee/Phoenix. Their neighborhood is hoping to get speed bumps added as of early March, see slowdownonkachina.org
KPHO5 story: Feb 25, 2013 Teens crash into block wall in Ahwatukee; Police are investigating after three high schoolers who allegedly spent the morning drinking off campus plowed a car through a block wall in an Ahwatukee neighborhood… Wagner told us the driver was arrested at the scene for DUI but none of the teens were hurt.

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), Continue reading “AZ legislature tweaks DUI laws”

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. Continue reading “$4,155 Per Year and Automobile Enslavement”

DUI Brake Light Conviction tossed

“When it comes to brake lights, one is enough, at least according to the state Court of Appeals. In a unanimous decision Friday, the judges threw out the drunk driving conviction of Aaron Fikes.” — verdenews.com Weird, i’m not seeing anyone like Arizona Republic covering it; at least according to a search… I heard a short mention of it on KJZZ news.

Since the case was out of Tucson, it would have been heard in the Arizona Court of Appeals, Division Two. And sure enough, it popped right up under recent cases: STATE OF ARIZONA v. AARON RAYMOND FIKES CR20110124. Note that the driver was up on serious charges, aggravated (indicating other/previous problems; such as previous simple dui convictions, or suspension, or driving dui with a minor in the vehicle) DUI, and driving on a suspended license, for which he was sentenced to 4 months in jail and 3 years of probation.

In short, the conviction was tossed because the traffic stop was found to be without just cause, and therefore the evidence that the driver was DUI should have been supressed. The State Attorney General’s office vows appeal to Arizona Supreme Court. Continue reading “DUI Brake Light Conviction tossed”

How Risky is it, Really?

There’s a wonderful book written by author and former journalist David Ropeik that explains risk perception (and MIS-perception) in elemental terms; How Risky is it, Really?.

His explanations go all the way down to the biological and evolutionary level — think adrenalin, amygdala, and the fight/flight response — and it’s all very fascinating. Everyone should read it.

More to the point here, his “confessions” as a former journalist i think go a long way to explain the persistent problems with media stories regarding risk (p. 165):

Before I go on, mea culpa. I was a daily television reporter for 25 years, and most of the things that journalist do that make the world sound like a riskier place than it is, I did…. I regularly played up the dramatic aspects of my stories, emphasizing the negative or the frightening or the controversial, and deemphasizing (or omitting altogether) the aspects that would balance things out of put them in perspective… I never lied… But I did what most journalists do: I made choice that would make my stories more newsworthy, more dramatic , and more likely to attract attention. And that left my views with a distorted and more alarmning view of the world than was actually the case.

Framing

In chapter 2, Bounded Rationality, he explains several shortcuts we (everyone) use to determine whether something is safe vs. risky. Among them is how any particular issue is “framed”; this is critical in any sort of news story. Consider the following two statements:

Statement 1; actual quote from an AZ Rep news story on the BSAP:

Last year, 19 bicyclists died and more than 1,500 were injured, according to new Arizona Department of Transportation statistics

Statement 2; re-framed in terms of overall traffic safety

During the study period,  bicyclists accounted for only 1.5% of all traffic collisions, and less than 3% of traffic fatalities, according to Arizona Department of Transportation statistics. This indicates that bicycling is a small part of a very large problem

Which sounds scarier to bicyclists? Which reinforces notions of danger? Is 1,500 injuries (or 19 fatalities) a lot, or a little?

The thirteen Risk Perception Factors

  1. Trust
  2. Risk vs. Benefit
  3. Control
  4. Choice
  5. Is the risk natural or human-made
  6. Pain and suffering
  7. Uncertainty
  8. Catastropihc or chronic
  9. Can it happen to me?
  10. Is the risk new or familiar?
  11. Risks to children
  12. Personification
  13. Fairness

These factors fuel what Ropeik terms the Risk-perception Gap; which leads to poor decisions being made both by individuals and by society.

Free Range Kids

Along the same idea, is so-and-so’s book Free Range Kids, which I am now reading (Jan 2012)

Final 2010 U.S. Motor Vehicle Traffic Fatalities released

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.

NHTSA’s Traffic Safety Facts 2010 Motor Vehicle Crashes: Overview, DOT HS 811 552

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) has an 85 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. Continue reading “Final 2010 U.S. Motor Vehicle Traffic Fatalities released”

Sales tax shortfalls delay highway plans

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.

 

XBMC / ECS H61H2-M2 Budget system.

The Hardware

Low-budget system. ECS H61H2-M2 mobo w/hdmi output newegg.com  was blowing them out for like $30 bucks after a rebate. Got a cheapie intel cpu (G530?) from MacMall of all places, via Ebay for $45.

I tried it on both windows and ubuntu and it was fine.

HDMI worked as expected on my television (but was weird on Dave’s?). One thing to note is when the audio line out is plugged in, the sound doesn’t come out the hdmi.

The system uses about 38W sitting on the windows 7 desktop idling according to my Kill-a-watt. This is with an inefficient-looking 400W power supply (it uses 3W even when off, or on standby). That’s inlcuding one 3.5″ 7200 rpm hard disk drive spinning.

Win 7

Fresh Win 7 Pro SP1 installed from bootable USB key. Installed fine but not even the lan worked right out of the chute. Installed mobo drivers, but just the following:  chipset D:\ECSh61h2-m2\Chipset\INF ; lan  D:\ECSh61h2-m2\Lan\Atheros\AR813x  ; video D:\ECSh61h2-m2\VGA\H6x\W7Vista64.

Got xbmc Version 11.0 ‘Eden’. Installed and ran okay. very snazzy. The remote control for andoid works fine EXCEPT that by default, it’s not turned on — to enable it you have to go to system settings and enable the http web server in xbmc.

XBMCbuntu / Linux

Also got 11.0 ‘Eden’ which is distributed as a live CD; based on Ubuntu 11.10 (I think). The live cd booted up and seems to just work. Then I installed it onto the hard drive. It booted up and ran just great. If you exit (click on the virtual “power button”); you will go to a login screen where you can log into a normal ubuntu (select XBMCubuntu) desktop. There is a third choice from the login screen called “openbox” i tried it but it just went to a blank graphics screen.

openssh-server is installed and running by default, so you can/should just let it do its XBMCunbutu full-screen thing and log in via ssh.

Tried some content on a usb hard drive, as well as a windows smb share and both worked fine. didn’t mess with any sort of wireless network traffic. Xbmc has plug in apps for things like Youtube, PBS, Fox News, Al Jezerra, etc; they all work pretty well but the content is somewhat disorganized.

I almost always have trouble with grub/grub2. The basic jist is that you’re supposed to be editing the file /etc/default/grub (e.g. to change the default boot setting) and then you run a job called update-grub. This generates/updates a file called /boot/grub/grub.cnf which you’re not supposed to edit, but you can as long as you’re aware it might get overwritten by various scripts. I never have much luck doing the grub-install, which actually diddles with your hard disk’s MBR. here is the full doc: help.ubuntu.com/community/Grub2 There is a gui app (apt-get install startupmanager) but I sometimes have trouble with it; like this time i used synaptic to install it just fine but it actually put in the wrong default (it put in a 6 instead of a 5 into grub.cfg!).

If it get really stuck, i just use some windows admistration command, /fixmbr or somesuch; and that just gets rid of grub all together.

Boxee on Win 7

Note that as of March 2012, boxee desktop (as opposed to the commercial boxee box) is at it’s end of life; so this is more of a historical curiosity

Fresh Win 7 Pro installed. Installed mobo drivers, but just the following:  chipset D:\ECSh61h2-m2\Chipset\INF ; lan  D:\ECSh61h2-m2\Lan\Atheros\AR813x  ; video D:\ECSh61h2-m2\VGA\H6x\W7Vista64.

installed fine out of the box, except won’t run. To fix that install direct X from microsoft

boxee-1.5.0.23596-2bcda77.exe

note that i initially installed a slightly older (late 2011?) version and it had an aspect ratio problem (black vertical bars on both sides of the screen when playing video; regardless of screen settings).

Boxee on Ubuntu / Linux

Note that as of March 2012, boxee desktop (as opposed to the commercial boxee box) is at it’s end of life; so this is more of a historical curiosity

installed 11.10 default from cd. Did not install anything extra or special. i.e. unlike win7, the lan and graphics seem to “just work”.

boxee-1.5.0.23596-2bcda77.i486.deb and installed by clicking on it and using gui (could have done: sudo apt-get install boxee… )

There were some instructions here… so i installed these dependecies. Thread on boxee forum about installing 1.5 on Ubuntu 11.10.

sudo apt-get install libssl0.9.8

my only confusion is I can’t figure out how to launch the program?? in the unity desktop, you can click on the ubuntu button and search for boxee and a shortcut then pops up and runs.

So it started up and ran pretty uneventfully 🙂

 

SB1218 – 37th Leg, 2nd Regular Session – 1986

Legislation prior to around 1997 is not available online, so below is the full chaptered version of a major bicycle legislation from 1986 (the 37th legislature). Here is the scanned image — thanks to Justin for providing it — and let me know if you spot any discrepancies. 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 (that document can be found within this bundle of pages)

Also notable; the mandatory sidepath rule was still in effect; it would thankfully be repealed in 1989. Continue reading “SB1218 – 37th Leg, 2nd Regular Session – 1986”

Elite athlete killed in Maricopa collision

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. Continue reading “Elite athlete killed in Maricopa collision”

Foshee Trial delayed again again again

[Trial actually, finally begins: oft-delayed-foshee-trial-to-begin ]

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 Continue reading “Foshee Trial delayed again again again”