In my view the most important change being proposed is what
bicyclists refer to as the "mandatory sidepath" rule. The
requirement for bicyclists to use a sidepath, when available,
instead of the roadway, was added to the Uniform Vehicle Code in
1944. After 32 years of experience with the consequences of that
rule, it was removed from the UVC in 1976 and began to be
repealed from the law books of the various states after that.
Today, Utah is one of a small number of states that still
impose the "mandatory sidepath" rule.
The rule still has the appeal that it did in 1944 to someone who
has little experience with transportation cycling and little
familiarity with bike/motor vehicle collision statistics or
traffic flow principles. The common public misperception is that
overtaking vehicles pose the greatest danger to cyclists on the
roadway.
I am providing three documents which all assert or demonstrate
that the most common hazards are in front of the cyclist at
intersections with other streets and driveways. The safest
way to deal with those real hazards is to ride a bicycle where
motorists are looking out for conflicting traffic, not to ride
where you will surprise them.
Wachtel and Lewiston reported in 1994 on analysis of police
reports of bicycle accidents as compared to bicycle traffic levels
and demographics which they recorded on the same roadways. Their
safety recommendation was to "encourage bicyclists to travel on
the roadway rather than on an adjacent sidewalk or sidepath."
Paul Schimek (1996) told an International Congress of planners
that "a bicycle path immediately adjacent to a roadway but
separated from it ("sidepath") is increasingly recognized as a
dangerous type of facility."
The 1999 edition of AASHTO's Guide for the Development of Bicycle
Facilities lists nine safety problems associated with sidepaths
and concludes "shared use paths should not be considered a
substitute for street improvements even when the path is located
adjacent to the highway..."
Because Utah also has UCA 41-6-17 which does not prevent local
authorities from "(h) regulating the operation of bicycles..." I
agree that, if the state simply deletes the "mandatory sidepath"
provision of UCA 41-6-87(3), it will leave all of the local
governments free to perpetuate the mistake. The proposed change
removes the blanket effect of the
"mandatory sidepath" rule and requires localities to apply it
only in specific instances by alerting bicyclists with signs
at each specified path.
An alternative approach might be to simply eliminate the state
requirement to use a sidepath and change UCA 41-6-17(h)
to restrict local authorities ability to regulate bicyclists
"on sidewalks" only. This would prevent local authorities from making the
same error that is here being corrected at the state level.
The other changes proposed for UCA 41-6-87 are intended to clarify
the legality of bicyclists entering intersections according to
the accepted traffic engineering principles of "channelization by
destination." The result will be fewer instances of unexpected
conflicts caused by bicyclists travelling through an intersection
from an unexpected position, such as on the right side of right-turning
motor vehicles.
Finally, I support any clarification that bicyclists are welcome
to use the shoulder rather than the rightmost travel lane so long
as it does not create a REQUIREMENT to use the shoulder rather
than a travel lane. Again, at intersections (including
driveways) we do not want to mandate situations where right
turning motor vehicles are to the left of straight travelling
bicycles.
This change allows bicyclists to signal right turns in the
"intuitive" way with the right hand. Currently, all signals
must be given "from the left side of the vehicle." This
makes perfect sense for car and truck drivers, except that
nowadays car, trucks and motorcycles must have signal lights.
The left handed right turn signal is difficult to recognize
when the cyclist is in a tuck or "racing" position because
the left arm ends up being extended more forward than
upward.
A right turn signal is used in two general situations: (1)
when turning from the rightmost lane to a cross street or
driveway, or (2) when changing lanes to the right on a
multilane roadway.
In both of these situations, crossing, oncoming or following
traffic which could be affected by the signaller's maneuver
can see and intuitively understand the right handed right
turn signal. Travelers directly on the left side of the
cyclist will not readily see the signal but don't need to
see it.
This change allows, but does not require, the right handed
right turn signal. This optional way of signalling is not
appropriate for motorcyclists because of the controls that
are typically on the right handlebar grip.
The proposed change is consistent with the model Uniform
Vehicle Code 11-606 provision:
11-606(2). Right turn - Hand and arm extended upward. Bicyclists may signal with right arm extended.
The paragraph (4) proposed for addition is intended to clarify that cyclists on sidewalks are expected to travel at typical pedestrian speeds especially when they approach points of conflict with motor vehicle traffic at crosswalks and driveways. Excessive speed on sidewalks is what contributes to the "he came out of nowhere" defense when a motorist is surprised too late by a fast moving bicycle rider.
This change removes the inconsistency in the minimum requirement
for length of signalling for bicycles (100 feet) compared to
motor vehicles (3 seconds). It is easier for everyone to
estimate 3 seconds than to estimate 100 feet of roadway and this
will actually increase the advance notice requirement for fast
moving (over 22 mph) commuting and sport cyclists on the roadway.
It still acknowledges that the signal does not take priority over
control and operation of the bicycle. Indeed the signal
information is most useful to other travelers if it is given well
before braking or turning begin. The changes also eliminate the
rather silly looking, and generally ignored, requirement for the
cyclist to hold an arm signal while waiting in a designated left
turn lane.
The change to the taillight requirement catches up with some
very useful technology for nighttime bicycle safety: the
flickering LED taillight. Currently available LED taillights are bright, reliable, economical
and distinctively recognized by motorists at night as a bicycle feature, Section
UCA 41-6-140 is also changed to list this allowable exception to the
general prohibition on the use of flashing lights.
This change is consistent with UVC 12-705:
A bicycle or its rider may be equipped with lights or reflectors in addition to those required by the foregoing sections. These
lights and/or reflectors may be LED
or regular, steady or flashing, as long as they comply with the requirements or limitations of the department These lights may emit
a steady or flashing light.
This change merely clarifies that the prohibition on vehicular operation on sidewalks does not apply to bicycles. I believe that bicycles should be allowed on sidewalks, in general and especially for children in residential neighborhoods, even though bicyclists should not be encouraged or required to ride on sidewalks routinely, because sidewalk riding still has some risk of unexpected conflict with motor vehicles.