FW: [South Bay Cycling] New law in Mass levels field btwn cars,
bikes
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Ellen Fletcher
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Jul 24, 2009 15:46 PDT
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Date: Fri, 24 Jul 2009 12:51:15 -0700 (PDT)
To: South Bay Cyclists <bik-@svbcbikes.org>
Subject: [South Bay Cycling] New law in Mass levels field btwn cars, bikes
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| | http://www.boston.com/yourtown/news/needham/2009/07/who_taught_you_to_drive_a_
look.html Who taught you to drive? A look at the state's new bike safety law
Email|Link|Comments (0) Posted July 24, 2009 06:01 AM By Peter DeMarco, Globe
Correspondent Who Taught You to Drive? Passed a couple of bicyclists the other
day who were pedaling side-by-side on the street a no-no according to my
last article on biking laws. They should be riding single file,ıı I preached
to my passenger. Well, even driving columnists sometimes have to eat their
words. With the passage of the stateıs new bicycle safety bill, riders can
indeed travel two abreast down the street. And drivers can get a $100 ticket
for failing to move over for them. The law, which took effect in April,
includes several other fines for motorists whose actions put bikers in danger.
It also evens the playing field, allowing officers to issue standard tickets
to bicyclists who foolishly run red lights or zip the wrong way down streets.
Trouble is, hardly anyone knows about the new rules. The Massachusetts Bicycle
Coalition, a nonprofit advocacy group that fought eight years for the passage
of the safety bill, wonıt be launching a publicity campaign until late summer.
Most police departments remain relatively unaware of the new bicycling code,
and it appears just a handful are enforcing it. The state Registry of Motor
Vehicles hasnıt made a big announcement, either, though it is promoting the
new law through bicycle education classes and various notices. Part of the
problem is that the safety billıs passage was a bit of a surprise to everyone.
It had been rejected three times previously, so when it actually won approval
on Beacon Hill in January, It caught us a little bit off guard,ıı said David
Watson, MassBikeıs executive director. Itıs taken his group this long to put
together training materials for police departments and to build a
soon-to-be-launched website for the public, he said. The other big sticking
point is that police canıt begin ticketing bicyclists for moving violations
until the Registry updates its computer system to keep track of the citations,
and thatıs not expected to happen until 2011 because of the complexities
involved, said agency spokeswoman Ann Dufresne. Lastly, the law gives plenty
of discretion to local police departments in terms of educating officers about
the changes. Due to lack of funds, or lack of interest, that education doesnıt
appear to be happening, though the law will be taught to new recruits at
municipal police academies starting this month. That said, at some point be
it now, next summer, or 2011 Massachusetts drivers and bicyclists alike will
need to start following the new law. Cambridge was the only city I found that
is actively enforcing it, so I asked Lieutenant Jack Albert, head of its
Police Departmentıs traffic division, for a quick primer. As its name implies,
the bicycle safety bill was passed primarily to protect cyclists against their
aggressive motoring brethren, Albert said. No matter where you drive in the
state, you should be obeying certain provisions of the law right now. For
instance, itıs now illegal to open your car door into a bicycle lane with a
biker approaching ($35 fine). If youıre on a one-lane road, you cannot squeeze
a bicyclist to the curb while passing ($100 fine). Instead, you must wait
until you can pass with a safe amount of separation, crossing a double yellow
line if need be. You can also be fined for making an abrupt right turn and
cutting off a bicyclist (in bike parlance, a right hookıı); for zipping in
front of a bicyclist after passing him; and for failing to yield to a
bicyclist as you would an approaching motor vehicle when making a left turn.
Even if a car stops and allows you to make the turn, if thereıs a bicyclist
oncoming, you have to stop for him, whether heıs in a bicycle lane or not,ıı
Albert said. The new laws arenıt exactly revolutionary. Drivers have never had
the right to cut off bicyclists or push them to the curb, according to
Massachusetts General Laws. But, well, it happens, and probably too often, so
some legal reinforcement was deemed necessary. Thereıs a lack of respect for
bicyclists,ıı said Georgetown Police Chief James Mulligan, a cyclist himself.
Occasionally Iıll go on the sidewalk because the roads are so narrow, it
scares you. You can actually get hit.ıı The other half of the law, the part
that allows police to ticket bicyclists, isnıt exactly new, either. Until now,
though, police could only issue municipal citations based on local bylaws or
ordinances, a hassle few bothered with. Starting in 2011, police across the
state will be able to use the same tickets for bicyclists as they do for
motorists, copies of which will be sent to the Registry. Some of the law is
bound to be a work in progress, officials said. For instance, itıs unclear
whether the ticket you get for riding your bike through a red light will
appear on your motor vehicle driving record, or affect your car insurance
rates. Albert said he likes the changes except for the new rule that allows
bikers to ride side-by-side. In 5 p.m. rush-hour traffic thatıs not going to
work,ıı he said. Still, even with its bumpy implementation, the law eventually
should create safer roadways for cyclists statewide, Watson said. The
motorist should always make the choice to protect the bicyclistıs safety,ıı
Watson said. But bicyclists also endanger themselves you see people
running red lights, for instance. Thatıs something that we would like to see
changed. If people want to peacefully coexist, then everybody needs to act in
a predictable manner.ıı Peter DeMarco writes about drivers and highways
throughout Greater Boston. He can be reached at dema-@globe.com. For
updates, you can follow "Who taught you to drive?" on Facebook.
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