Friday, June 19, 2009
CPD Bicycle Training Video
Wednesday, June 17, 2009
Columbia's Bicyclist Harassment Law.
A violation of the statute is a class A misdeameanor, which is punishable by up to a year in jail. The text of the ordinance is as follows:
Sec. 16-145. Harassment of a bicyclist.
(a) A person commits the offense of harassment of a bicyclist if the person: . . .
(1) Knowingly throws an object at or in the direction of any person riding a bicycle; or
(2) Threatens any person riding a bicycle for the purpose of frightening or disturbing the person riding the bicycle; or
(3) Sounds a horn, shouts or otherwise directs sound toward any person riding a bicycle for the purpose of frightening or disturbing the person riding the bicycle; or
(4) Knowingly engages in conduct that creates a risk of death or serious physical injury to the person riding a bicycle.
(b) Harassment of a bicyclist is a Class A misdemeanor.
Friday, May 29, 2009
Operator's Insurance
This is not the case with car-free cyclists.
I estimate that over half of all drivers in the City of Chicago only have the mandatory minimum insurance limits of $20,000 or are totally uninsured. You can't even spend one night in the hospital for $20,000. If you are seriously injured by someone with 20k in coverage you're probably going to be stuck with the bill unless you have your own coverage.
What's the significance? Lets take the example of a driver and a car free cyclist who are the victims of an uninsured driver's negligence.
Example Driver:
Victim Driver is struck by Uninsured Driver. The collision is Uninsured Driver's fault. Victim Driver is hospitalized and suffers severe injuries. After his treatment is concluded he has $50,000 in medical bills. Uninsured Driver has no assets and no insurance. What does Victim Driver do? He makes a claim against his own uninsured motorist coverage. His uninsured motorist insurance carrier steps into the shoes of Uninsured Driver and covers Victim Driver's medical bills and other losses related to his injuries.
Example Car Free Cyclist:
Car-Free is struck by Uninsured Driver. The collision is Uninsured Driver's fault. Car-Free is hospitalized and suffers severe injuries. After his treatment is concluded he has $50,000 in medical bills. Uninsured Driver has no assets and no insurance. What does Car-Free do? He pays his bills or goes bankrupt because there is no insurance coverage to cover the loss caused by Uninsured Driver.
What can I do as a car-free cyclist?
You can purchase an operator's insurance policy. This is a special automobile insurance policy that specifically covered people who do not own cars. There are only a couple companies I know of who will write operator's policies, and those companies require the policy to be issued by a broker. Most insurance brokers may not understand why you're looking for an operator's policy as a cyclist- a smart one will.
I use Dan at D&D Insurance on Chicago. D & D Insurance, 2115 W Chicago Ave, Chicago, IL 60622 (773) 489-0080. I don't advocate him or his company, but if you call him he'll know what you're looking for and why.
Uninsured motorist coverage is also activated by a hit and run collision, even when the driver gets away. I estimate that in about 20% of accidents involving cyclists in Chicago the driver flees the scene of the accident. Most of the time they are not identified. If the driver flees the scene and gets away your uninsured motorist coverage steps in to cover your loss.
This coverage is especially important for car-free cyclists who have a family or dependants. If people are counting on you to support them you have to be prepared for the worst case scenario (if I had dependents I'd have an umbrella policy on top of the 250K underlying policy).
An operator's policy is also a cheaper alternative for health insurance (maybe $30.00 a month for 100K and about $50.00 a month for 250k in coverage), but it has certain limitations. If you can't afford health insurance, maybe you can afford an operator's policy. That way you assume the risk of your own negligence, but if you are injured because of an uninsured, under insured or hit and run driver's negligence you are covered.
Thursday, May 28, 2009
Parking Mopeds on Bike Racks and Sidewalks.
Jerome wrote:
As the weather turns warm the bike rack outside my downtown office building is literally teaming with bikes. Lately there have been a couple scooters parked at the bike rack. One typically has a note stuck to it that quotes a law that seems to allow scooters to use bike racks. Today I noticed that the scooter had been ticketed despite the note. Is it legal for scooters to lock to bike racks?
Thanks,
Jerome
While I think scooters in bike lanes are dangerous and illegal, when it comes to parking I actually sympathize with moped users. They tend to have a hard time no matter where they park. If they park in the street they risk theft and car drivers tend to move their mopeds so a car can share the spot, but if they park on a sidewalk they risk being ticketed. There exists a long standing myth among moped users that they are allowed to park on sidewalks, and that any ticket issued for parking on a sidewalk is a mistake.
Part of the misconception about mopeds in Chicago has probably evolved from a misunderstanding of the applicable law. Illinois Law distinguishes between motorcycles and "motorized pedalcycles." See the Illinois Motor Vehicle Code:
(625 ILCS 5/1‑148.2)
Sec. 1‑148.2. Motorized Pedalcycle. A motorized pedalcycle is a motor‑driven cycle whose speed attainable in one mile is 30 mph or less, which is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.
Further, The Illinois Vehicle Code provides that some bicycle laws (Article 15) apply to Motorized Pedalcycles:
(625 ILCS 5/11‑1403.1) Sec. 11‑1403.1. Riding on motorized pedalcycles.
(b) The provisions of Article XV shall be applicable to the operation of motorized pedalcycles, except for those provisions which by their nature can have no application to motorized pedalcycles.
What laws are applicable to motorized pedalcycles under article 15? In relevant part:
(625 ILCS 5/11‑1513) Sec. 11‑1513. Bicycle parking.
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic‑control device.
According to Illinois law, at first glance it would appear that a vehicle matching the description of a motorized pedalcycle (capable of speeds not in excess of 30mph, not more than 50 cubic centimeters of displacement, 2 hp or less, an no gears) is allowed to park on sidewalks. Unfortunately, this is not the case in the City of Chicago.
Chicago has it's own regulations regarding parking and the definition of motor driven cycles. In fact, in Chicago all vehicles are prohibited from parking on the sidewalk.
The motorized pedalcyclist may feel that they are exempt from this prohibition becuase they do not operate a "vehicle," however, the Chicago Municipal Code prohibition against parking on sidewalks does not distinguish between types of vehicles. It simply defines a "vehicle" as:
9-4-010 Definitions. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.
According to the Chicago Municipal Code, all "vehicles" are prohibited from parking on sidewalks within the City of Chicago.
9-64-110 Parking prohibited It shall be unlawful to stand or park any vehicle in any of the following places...
(d) On a sidewalk...
Since all mopeds, regardless of their displacement, fall within the definition of a "vehicle," mopeds parked on sidewalks are in violation of the Chicago Municipal Ordinance, and therefore, are subject to being ticketed for that violation. While moped parkers can't be ticketed for a violation of Illinois State Law, they are also subject to the Chicago Municipal Ordinance. State law does not prohibit municipalities from passing their own restrictions on where vehicles may park. To the contrary, the state statute clearly contemplates the right of a local governmental entity to prohibit parking on sidewalks. If you get a ticket for parking your moped on the sidewalk you are probably going to be stuck with a fine or have your moped towed and impounded.
Tuesday, May 26, 2009
A Helmet Law I Like...
If Illinois or Chicago is to entertain a helmet law, this would be the proper way to do it. A good helmet law would provide for penalties for lack of helmet, but it should not be used by careless or reckless drivers to defend themselves against claims for injuries they cause.
Sec. 22-121A. Helmets Required:
(a) Every person under the age of sixteen (16) years shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the American Society for Testing and Materials or the Snell Memorial Foundation, Inc., whenever that person is upon a public highway, sidewalk, bicycle path or other public right of way within the corporate limits of the Village and is riding or being carried on any bicycle or any carrier attached to or pulled by a bicycle, or is skateboarding or using in-line skates.
(b) The provisions of Section 22-160A of this Chapter shall apply to any violation of any provision of subsection (a) of this Section, provided, however, notwithstanding anything contained herein or in said Section 22-160A of this Chapter to the contrary, compliance may be demonstrated within ten (10) days following issuance of a compliance ticket at the Village Police Station by proof of possession of a helmet that meets the standards specified in subsection (a) of this Section; and, solely with respect to the first such violation, there shall be no requirement to pay any fee as specified in Section 22-160A of this Chapter.
(c) A violation of this Section shall not constitute negligence, contributory negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, or participation in skateboarding or in-line skating, nor shall anything in this Section change any existing law, rule or procedure pertaining to any civil action. (Ord. 0-97-29, 7-7-1997)
Wednesday, May 20, 2009
Arlington Heights Bicycle Laws
As of the date of this post, there are several things one should be aware of when operating a bicycle within Arlington Heights:
- Bicycles must have a bell or other device capable of giving a signal audible for a distance of 100 feet. No sirens or whistles. Article V, Section 18-501
- No bicycles on sidewalks downtown. Article V, Section 18-503
- No riding two abreast- only single file riding is allowed. Article V, Section 18-504(a)
- No riding under the influence of alcohol or drugs. Article V, Section 18-504(c)
Article V: Bicycles
Section 18-501 Bicycle Equipment. No person shall operate a bicycle not equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
Section 18-502 Rental Agencies. Bicycles offered for rent by a rental agency shall be equipped by such agency with the lights and other safety equipment required by this Article, and shall be kept in good and safe working order. Rental agencies shall comply with all the provisions of this Article and shall be responsible for the condition of the bicycles they rent. The Police Chief shall make or cause to be made inspections from time to time to insure compliance with the provisions of this Article. (Ord. #07-039)
Section 18-503 Operation of Bicycles on Certain Sidewalks Prohibited. It shall be unlawful for any person to ride a bicycle on any sidewalk in the Downtown District which is that area bounded by and including Sigwalt Street from Highland Avenue to Arlington Heights Road; Arlington Heights Road from Sigwalt Street to St. James Street; St. James Street from Arlington Heights Road to Highland Avenue; and Highland Avenue from St. James Street to Sigwalt Street.
Section 18-504 Riding Regulations.
a. When two or more persons in a group are operating bicycles, they shall not ride abreast but in single file.
b. The owner, operator of any bicycle emerging from any alley, driveway or garage shall stop immediately prior to driving onto or across a sidewalk or onto a sidewalk line projected across an alley, and shall exercise extreme care in those cases.
c. It shall be unlawful for any person under the influence of liquor or drugs to operate a bicycle in the Village.
d. Bicycles, when parked in a business district, shall be parked in zones, officially designated for that purpose. Bicycles shall not, at any time, in any place, be indiscriminately parked by anyone along buildings, in such a manner as to interfere with pedestrians or along roadways or sidewalks where they may interfere with traffic, or with persons getting into or out of automobiles. No person shall move, or in any manner interfere with any bicycle which is properly parked, nor shall any person interfere, or in any manner hinder any person from properly parking a bicycle, except that the members of the Police Department or Fire Department may move, or, in proper cases, prevent the parking of a bicycle when, in their judgment, such action is necessary in order to properly safeguard persons or property.
e. All bicycles, when operated on roadways, shall be kept to the right and shall be operated as nearly as practicable at the right hand edge of the roadway.
f. No bicycle shall be operated faster than is reasonable and proper, and each bicycle shall be operated with reasonable regard for the safety of the rider or other persons and property.
g. It shall be unlawful for any person operating a bicycle in the Village to guide the bicycle in any manner except through the use of both hands upon the handlebars thereof. It shall be unlawful to engage in any kind of trick or unsafe riding.
h. Turns in traffic shall be in accordance with the provisions relating to turns in traffic in this Chapter.
i. All bicycles shall obey all applicable traffic regulations.
My source is here. Be advised that information contained within this post is only current as of the date of this post. Municipal and village codes are subject to change.
Single file in the burbs...
The list below is not meant to be all inclusive (there are, in fact, many other suburbs that require riders to ride single file), rather the codes excerpted below are meant to illustrate that we must be cognizant of restrictions on riding two abreast in Chicago and suburbs.
A. Single file riding. All persons operating a bicycle shall ride single file, in a straight line, when riding upon sidewalks and streets. When riding upon any street, such single file riding shall be as near as possible to the right hand curb, except on paths or parts of roadways set aside for the exclusive use of bicycles.
Deerfield: Sec. 22-122. Operation Of Bicycles:
(f) Riding In A Group: When more than two (2) persons in a group are operating bicycles on a street or roadway, they shall ride single file and it shall be unlawful for them to ride abreast of each other.
Barrington: 6-6-4: OPERATION OF BICYCLES:
D. Riding Single File: Persons riding bicycles upon a roadway shall not ride other than single file except on paths or parts of roadways set aside for the exclusive use of bicycles. (1973 Code § 14-280)
Barrington Hills: 9-8-3: MANDATE OF SINGLE FILE BICYCLE RIDING:
(A) Persons riding bicycles upon a roadway within the village shall only ride single file. Persons riding bicycles on a roadway are hereby prohibited from riding side by side.
Clarendon Hills: 42.4: RIDING RESTRICTIONS:
A. Abreast; Single File: When two (2) or more persons in a group are operating bicycles on a public roadway, they shall not ride abreast, but shall ride in single file. Hinsdale6-13-4: OPERATION OF BICYCLES: F. Riding in a Group: Persons operating bicycles shall ride in single file. (1965 Code, sec. 14-1.08)
Lisle: 10-6-2: RULES FOR RIDING AND OPERATING:
(A) Riding Abreast: When more than two (2) persons in a group are operating bicycles upon a roadway, they shall ride single file.