|
Cyclists' rights in transport bill
|
John Forester
|
Jul 20, 2009 11:35 PDT
|
I have been circulating the information below to several groups.
However, I think that this might be something to which CABO ought to pay
continuing attention. It is possible, if the final wording of the bill
actually says the right things, that it might be used to end the
exclusion of California's government bodies for liability for injuries
caused by design and maintenance errors in their Class One bikepaths, as
evidenced in the Prokop opinion.
I had been looking for the material supporting Oberstar's claim to be
interested in cyclists' rights. Here is some material posted by Jonathan
Maus, editor, Bike Portland, taken from Oberstar's release of the new
surface transportation bill.
================
“The Director [of the Office of Livability] shall conduct a study on
whether State and local laws and the actions of judicial systems are
affording cyclists and pedestrians who are injured or suffer property
damage… the same ability to recover damages… as would be available to
persons in motor vehicles.”
As written, the bill says the study should look into how (or if) state
and local laws deal with the, “rights of cyclists and pedestrians to use
transportation facilities and to be intended and permitted users of
these facilities”.
The Office of Livability would also be directed to report back to
Congress with results from the study and recommendations on how to
improve the laws for people who walk and bike.
================
It appears that if these provisions continue in the enacted legislation,
there is an opportunity for vehicular cyclists to make their case. This
is something that we need to keep in our sights.
--
John Forester, MS, PE
Bicycle Transportation Engineer
7585 Church St. Lemon Grove CA 91945-2306
619-644-5481 fore-@johnforester.com
www.johnforester.com
|
|
 |
|
