Another Bicycle Law That Takes A Step Back

[LesMiner]

The South Dakota Legislature will vote on House Bill 1073. The first part reads OK but the last paragraph is just ridiculous. The bill received a unanimous vote in committee.

If a person is operating a bicycle within a no passing zone on a roadway that as no shoulder or a shoulder of less than three feet in width, the person shall stop the bicycle, move the bicycle off the roadway, and allow a faster vehicle to pass.

A violation of this section is a Class 2 misdemeanor.

Most of South Dakota is flat and not very interesting. The Black Hills on the other hand is truly unique. Custer State Park has some of the best scenic riding I have ever done. Needles Highway is covered with what looks like stone statues of whatever you can imagine. There is a challenging climb up to Mount Rushmore on the front side. Some sections are 15% grade. Twists, turns, climbing up and down hill is what makes it fun. Say you are riding downhill on a narrow road with twists and turns and a car approaches from behind. BY THIS LAW YOU WOULD HAVE TO STOP AND MOVE OFF THE ROAD. SO HOW DO YOU DO THAT HALF WAY DOWN THE DECENT AT 40+ MPH? Most of the popular bike routes would be on roads as described in the proposed bill.

[PFSLABD]

Yeah, that's very similar to what the Assault on Mt. Mitchell officials pulled. They moved the date to do the ride from Saturday in the middle of May to Monday and then warned that riders would be ticketed for not stopping behind school buses. I do happen to remember while riding it one Saturday, seeing a school bus road side stop down at the bottom of a particularly steep hill. I'd like to know how they expect riders to stop? Would it be alright if they rear ended the school buses?

[Ken Robb]

Yeah, that's very similar to what the Assault on Mt. Mitchell officials pulled. They moved the date to do the ride from Saturday in the middle of May to Monday and then warned that riders would be ticketed for not stopping behind school buses. I do happen to remember while riding it one Saturday, seeing a school bus road side stop down at the bottom of a particularly steep hill. I'd like to know how they expect riders to stop? Would it be alright if they rear ended the school buses?

I get your point but I don't think telling the general public that a cyclist couldn't stop on a hill for a school bus or any kids near it will help our cause.

[Lewis Moon]

If bikes are outlawed, only outlaws will have bikes.

[Mark McM]

Yeah, that's very similar to what the Assault on Mt. Mitchell officials pulled. They moved the date to do the ride from Saturday in the middle of May to Monday and then warned that riders would be ticketed for not stopping behind school buses. I do happen to remember while riding it one Saturday, seeing a school bus road side stop down at the bottom of a particularly steep hill. I'd like to know how they expect riders to stop? Would it be alright if they rear ended the school buses?

Huh? Stopping for school buses applies to All vehicles, not just bicycles. Are you saying that if a car that was following a school bus was going fast down a hill, it would be okay for the car to pass the school bus?

Since it is well known that school busses make frequent stops (and there are often warnings printed on the backs of busses saying exactly that), any vehicle that follows so closely that they can't stop in time is operating negligently (whether it is a car or a bicycle).

[Wolfman]

So, if I was being antagonistic and following the letter of the law in this case, I'd signal that I was slowing down until I was stopped in the middle of the lane, unclip, and then walk to the side with the bike.

At that time, the lane would be clear for my fellow road user to make a safe pass. It should only take me about, oh, 45 seconds for the whole operation and for their unfettered access to the lane.

*This is an absolute boneheaded law and I'm totally sorry that any of you locals will/might have to deal with this.

[Dead Man]

A misdemeanor? A freaking CRIME?

[makoti]

So, if I was being antagonistic and following the letter of the law in this case, I'd signal that I was slowing down until I was stopped in the middle of the lane, unclip, and then walk to the side with the bike.

At that time, the lane would be clear for my fellow road user to make a safe pass. It should only take me about, oh, 45 seconds for the whole operation and for their unfettered access to the lane.

Well done, Sir! I like it. Adherence and annoyance in one act.

[unterhausen]

So, if I was being antagonistic and following the letter of the law in this case, I'd signal that I was slowing down until I was stopped in the middle of the lane, unclip, and then walk to the side with the bike.

At that time, the lane would be clear for my fellow road user to make a safe pass. It should only take me about, oh, 45 seconds for the whole operation and for their unfettered access to the lane.
There have been a couple of times where I wanted to do this. Mostly when some irate yuk was losing his calm because he had to wait a few seconds because of a narrow lane or something. "WHAT ARE YOU DOING???!!!" "Getting off the road, like you said" It's not like you can just ride off into the ditch in these situations. My safety trumps their need to get to the convenience store a little earlier to buy cigarettes and lottery tickets.

This is exactly what people should be telling their legislators there. I can see protests where this is done, one cyclist at a time. Slow moving vehicle laws are enough, and they are nowhere near as strict.

[PFSLABD]

Huh? Stopping for school buses applies to All vehicles, not just bicycles. Are you saying that if a car that was following a school bus was going fast down a hill, it would be okay for the car to pass the school bus?

Since it is well known that school busses make frequent stops (and there are often warnings printed on the backs of busses saying exactly that), any vehicle that follows so closely that they can't stop in time is operating negligently (whether it is a car or a bicycle).

You're assuming that there are only a handful of riders, but when you have hundreds of riders descending a steep road, even with the warnings out, I see a disaster waiting to happen, especially since the school bus stop was around the other side of the curving mountain road. That's why the ride was originally on the weekend. The ride was moved from the weekend to Monday because the park rangers complained that the riders were clogging up Mt. Mitchell State Park and causing too much of a traffic jam with all the tourists driving up the mountain. I figure one day, they will stop doing the ride because of the traffic problems. The last time I did it, they had a sports car rally on the mountain at the same time as the ride. If you are concerned about law breakers, you should have seen how those drivers passed cyclists. They were very impatient with cyclists traveling 4 mph up the mountain.

[MesiJezi]

If you really care, call them up and tell them yourself! Forum activism won't get us anywhere. All the legislators who have authored the bill are listed at the link below and have phone numbers posted.

http://legis.sd.gov/Legislators/Legislators/default.aspx?Session=2016

Representatives Verchio, Campbell, Feickert, Kirschman, Marty, McCleerey,
Qualm, Rasmussen, Schrempp, Werner, and Zikmund and Senators
Rampelberg, Monroe, and Olson.

[Dead Man]

I don't understand why road closures are such an impossibility in this country. Last year's Mary's Peak Hillclimb TT, the rangers scheduled a pit-range cleanup with volunteers from the local gun clubs for the same day. Fortunately there wasn't much conflict, as the main fields had already started off by the time the redneck pickup trucks started barreling up the road toward the range, but that was only LUCK. Could have been an absolute disaster.

Why not just close the f'ing road?? We do have a road closure permit process.. I'm sure it's a headache and costs more money, but for an event like that it doesn't seem unreasonable or undoable at all.

[PFSLABD]

I don't understand why road closures are such an impossibility in this country. Last year's Mary's Peak Hillclimb TT, the rangers scheduled a pit-range cleanup with volunteers from the local gun clubs for the same day. Fortunately there wasn't much conflict, as the main fields had already started off by the time the redneck pickup trucks started barreling up the road toward the range, but that was only LUCK. Could have been an absolute disaster.

Why not just close the f'ing road?? We do have a road closure permit process.. I'm sure it's a headache and costs more money, but for an event like that it doesn't seem unreasonable or undoable at all.

The Assault starts in Spartanburg, SC and makes its way up to Mt Mitchell, NC. The Mt. Mitchell State Park has been asked numerous times to close the road for that one day, but they refuse. They have made it so hard for the ride that they have suggested the ride be shut down for good. The rangers are downright rude to the cyclists when they get to the top, yelling at dazed, oxygen starved cyclists to get out of the road. I remember I was one of those dazed and very tired riders, thinking that the road was closed. Not so.

[PFSLABD]

If you really care, call them up and tell them yourself! Forum activism won't get us anywhere. All the legislators who have authored the bill are listed at the link below and have phone numbers posted.

http://legis.sd.gov/Legislators/Legislators/default.aspx?Session=2016

Representatives Verchio, Campbell, Feickert, Kirschman, Marty, McCleerey,
Qualm, Rasmussen, Schrempp, Werner, and Zikmund and Senators
Rampelberg, Monroe, and Olson.

I bet none are cyclists, much less do any exercise.

[MesiJezi]

I bet none are cyclists, much less do any exercise.

Possibly true--most are current or retired ranchers. I'm thinking they probably aren't "out to get" cyclists--I doubt they've heard much input from cyclists in their communities. If anyone was wondering, political makeup of the authors is 10R, 4D.

Next election, vote independent? Still don't understand we people want to give the government more control.

[likebikes]

I'm guessing it will pass.

[Mark McM]

You're assuming that there are only a handful of riders, but when you have hundreds of riders descending a steep road, even with the warnings out, I see a disaster waiting to happen, especially since the school bus stop was around the other side of the curving mountain road. That's why the ride was originally on the weekend.

Perhaps it is a disaster waiting to happen, but it is not the fault of the school bus, nor of the law requiring the vehicles not to pass stopped school buses. It is the directly the fault of cyclists descending fast while following each other too closely (while cyclists do often ride in tight packs, it is of questionable legality on public roads). Some of the liability might also fall on the organizer, who might have foresaw the situation.

[PFSLABD]

Perhaps it is a disaster waiting to happen, but it is not the fault of the school bus, nor of the law requiring the vehicles not to pass stopped school buses. It is the directly the fault of cyclists descending fast while following each other too closely (while cyclists do often ride in tight packs, it is of questionable legality on public roads). Some of the liability might also fall on the organizer, who might have foresaw the situation.

I never suggested that any cyclist was going to ignore the law, but you have to admit if a group of cyclists are coming down that hill and then rounding the curve to find a stopped school bus, it's going to be next to impossible to stop in time. That wouldn't happen to me because I feather the brakes coming down, but I've known quite a few gonzo riders, who never tap a brake in any descent.

[OtayBW]

You're assuming that there are only a handful of riders, but when you have hundreds of riders descending a steep road, even with the warnings out, I see a disaster waiting to happen, especially since the school bus stop was around the other side of the curving mountain road. That's why the ride was originally on the weekend.And that's why many of the other steep century rides in the Southern Appalachians (and elsewhere) place course Marshalls at strategic points to try to control the flow. Maybe not perfect, but it does help.

[unterhausen]

If you really care, call them up and tell them yourself! Forum activism won't get us anywhere. All the legislators who have authored the bill are listed at the link below and have phone numbers posted.
I doubt they would listen to someone from Pennsylvania

[BobO]

This is a law begging for the Irish democracy treatment. If nobody obeys said law, is it actually an enforceable law?

[Dead Man]

This is a law begging for the Irish democracy treatment. If nobody obeys said law, is it actually an enforceable law?

When "nobody" is 15 people, yes..

I doubt there's much of a road riding culture in SD

[BlueFly]

http://legis.sd.gov/Legislators/Legislators/default.aspx?Session=2016

Representatives Verchio, Campbell, Feickert, Kirschman, Marty, McCleerey,
Qualm, Rasmussen, Schrempp, Werner, and Zikmund and Senators
Rampelberg, Monroe, and Olson.

Interesting that all those listed above, not a single one based on their overly important headshot, appears to know what it may be like, for their constituents, who may enjoy cycling.

"That deaf-dumb-and-blind kid, I mean senior, sure plays a mean pinball!"

[makoti]

The Assault starts in Spartanburg, SC and makes its way up to Mt Mitchell, NC. The Mt. Mitchell State Park has been asked numerous times to close the road for that one day, but they refuse. They have made it so hard for the ride that they have suggested the ride be shut down for good. The rangers are downright rude to the cyclists when they get to the top, yelling at dazed, oxygen starved cyclists to get out of the road. I remember I was one of those dazed and very tired riders, thinking that the road was closed. Not so.

This is a lot different than my memory of it. We did it on a Monday. We had police at every major & many smaller intersections. Very little traffic, as the ride was well announced. Not a lick of trouble in the park, from anyone. The only time I got yelled at was when I almost fell over trying to get off my bike & I think it was something like "WHOA! Catch him!"

[smontanaro]

I see a reasonable way to protest such a law. Instead of riding in a tight group (a paceline, if you will) you space yourselves out every tenth of a mile or so. Each person obeys the letter of the law as cars bunch up. Stop, dismount, get out of the way. Cars well have to stop as well, especially if there is any incoming traffic. Multiply that by a group of fifteen or twenty people, and you have a bunch of law-abiding cyclists and a bunch of drivers with their knickers in a twist.

[BobO]

When "nobody" is 15 people, yes..

I doubt there's much of a road riding culture in SD

There are probably more than you think, but I see your point. The other option is one wealthy cyclist tales it to the state courts.

[PFSLABD]

This is a lot different than my memory of it. We did it on a Monday. We had police at every major & many smaller intersections. Very little traffic, as the ride was well announced. Not a lick of trouble in the park, from anyone. The only time I got yelled at was when I almost fell over trying to get off my bike & I think it was something like "WHOA! Catch him!"

I did the ride from 1990, off and on up to 2004, and each time it was different. I remember the last time I did it, I encountered a pretty female ranger, who knocked herself out to be nice. She redeemed the rest of them that were rude. I guess somebody complained, and they decided to do better.

[smontanaro]

Check the comment section on the http://www.cyclelicio.us/ blog. Looks like it failed to make it out of committee.