Tuesday, February 28, 2012

Georgia Senate Taking Bikers for a Ride

UPDATE: Senator Butch Miller will not pursue passage of SB 468, preferring instead to work with Georgia Bikes! on the implementation of a Complete Streets policy over the remainder of this and into the next legislative session.

I'll post here again when I learn more about this welcome and unexpected turnaround!
As SB 468--the bill which originally proposed to curtail two-abreast bicycling in Georgia--sailed through the Senate Transportation Committee last week and makes its way to the Rules Committee, confusion reigns over the future of road cycling in Georgia. For cyclists, our remaining options are very limited.

Georgia Bikes! has published its current advocacy position on its web site. Thankfully, they have negotiated with Senator Butch Miller for the removal of the bill's language regarding two abreast bicycling. Instead, the amended bill contains this curious provision:

Persons riding bicycles and electric assisted bicycles shall not impede the normal and reasonable movement of traffic and on a laned roadway shall ride within a single lane.


Depending on who you ask, this could mean a lot, or nothing. Some point to the fact that similar language is already on the books in Colorado and seven other states, and that the results have been inconsequential for cyclists. After all, they say, this simply places into the law what we cyclists normally practice using our own judgement and common sense.

As written, however, it is vague and does not explain what normal and reasonable means. Thus it raises two risks:
  1. It will create confusion for all concerned parties and is impossible to enforce consistently. One can easily imagine the same confusion among law enforcement officers. Gosh, Officer, we didn't realize that the traffic behind us wasn't normal and reasonable.
  2. In future cases of automobile-bicycle accidents, this could provide a means for motorists to avoid responsibility when they otherwise would be found to be at fault.
Senator Miller has no supporting accident data, case studies for similar legislation, or any other evidence to support his claim that SB 468 will "improve safety." Its true purpose is to satisfy motorists who do not believe in sharing the roads with cyclists. Georgia's Senators get plenty of phone calls from angry constituents about troublesome bikers on the road, so it is an easy avenue for the politicians to score points. 

Georgia Bikes!, while continuing to work "in good faith" with Senator Miller, states that they are not actively opposing the current amended version of SB 468. They are holding out hopes that they can extract further concessions from Sen. Miller.

Senator Miller and SB 468's co-sponsors want to demonstrate to motorists that they have acted to get bikers out of their way. Georgia Bikes! is finessing their way into a compromise which could leave us in a legal Twilight Zone.

This Bill now has plenty of momentum in the Legislature and stands a good chance of becoming law. Georgia Bikes! other option is to fight to kill this bill. Under the current political conditions at the State Capitol, they would probably lose.

Activists not associated with Georgia Bikes! has started an online petition opposing SB 468. I still don't know what the right course of action should be.

All I know is, Georgia's roads are littered with loose screws.

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