Vetoed bicycle bill is now law — in Austin
This is a reprint of a story that ran October 23, 2009 in the San Antonio Express-News
By Tristan Hallman – Houston Chronicle
AUSTIN — Just more than four months after Gov. Rick Perry vetoed a bill that would’ve required vehicles to maintain a distance of three feet from “vulnerable road users” statewide, the Austin City Council took matters into its own hands, adopting a “safe passage” ordinance designed to protect bicyclists, pedestrians and people in wheelchairs.
The vote was 6-0. The ordinance had been in the works since August. The city previously required vehicles to keep a safe distance from bicyclists but did not specify what a safe distance is.
Violations of the new ordinance are Class C misdemeanors, which carry a fine up to $500.
Robin Stallings, the executive director of BikeTexas, the educational wing of the Texas Bicycle Coalition, said his organization worked closely with city staff on the language of the ordinance at the request of the City Council.
“We’ve done so much vetting on this thing that we’re kind of experts on it,” Stallings said.
The ordinance would be the first of its kind in a major Texas city. Stallings said BikeTexas is working with other cities, but refused to disclose which ones. Stallings did say, however, that he has had cities with fewer than 25,000 people and some with larger populations than Austin contact BikeTexas about creating ordinances.
“I wouldn’t be surprised if there weren’t 20 cities that have a safe-passing bill soon,” Stallings said.
In San Antonio, staffers from the city’s public works, police and legal departments, as well as the city’s Office of Environmental Policy, are sizing up Austin’s new ordinance. They expect to complete a review in about two weeks and could move it to the city council for consideration, said Laurence Doxsey, the city’s environmental policy director.
Houston is not currently contemplating anything similar.
State law would have required a three-foot cushion had Perry signed SB 488, adopted by the Legislature in its 2009 session. The bill had bipartisan support, passing unanimously in the House, 142-0, and by a Senate vote of 25-6. Austin’s ordinance mirrors the language in the bill.
Perry said he vetoed the law as unnecessary because state laws already protect bicyclists.
Sen. Rodney Ellis, D-Houston, an author of the bill along with state Sen. John Carona, R-Dallas, said in an e-mailed statement that he applauds Austin for taking the initiative on an ordinance but still plans on pursuing a statewide law.
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The rep from BikeTexas spoke with the MPO & others from the city during the MPO Bike Meeting earlier this month about adopting this ordinance in San Antonio.
The MPO planners stated they were ready to begin following up on preparing the necessary paperwork. Even though it would only be city-wide, we feel passing it raises motorist awareness of cyclists along with increasing the peer-pressure in the cycling community to ride safe & legal.
What do you think?
I am really hoping to see San Antonio adopt this in an ordinance. I travel about 120 to 200 miles a week in San Antonio and have had vehicles strafe me so often that I have become immune to it. My concern is how and will the city enforce it. Without the enforcement, the ordinance will have no meaning and will not change the driver’s awareness.
I find it rather upsetting that we are going to depend on the San Antonio Police Department to make persons accountable. Why would you say that you ask? Well, here’s why… On a Sunday afternoon about two weeks ago, I was completing a 50 mile ride. I came from the Castroville area and had made it all the way to Taft High School on Culebra (471) when I was trying to navigate around alot of debris in the bike lane that goes for about 3/4 of a mile. I was strattling the left reflective white marker on the bike lane which was about a foot wide, when I looked beside me, I saw a white BMW almost swerve and hit me on purpose. I watched him look in his mirror and when he did he crossed into the bike lane. I think he was trying to get a response from me. So, I shook my finger at him and pointing. Not even my middle finger. He pulled over and got out of his vehicle. He was a fully uniformed SAPD Corporal that I have seen at my place of work on numerous ocassions. He started yelling at me about staying in the bike lane. I told him that there was debris and crap and I was staying as far right as I could. I didn’t stop to talk to him, if I had I would have got his badge and name and reported him. We are going to depend upon these guys to enforce the rule? It’s a good concept, but I was always told by my father and grandfather, if you want something done right, do it yourself. So, I will self police myself. Getting back to SAPD, there might be enforcement if someone is injured or killed. I refer you to this week’s article on cycling.com “Road Rights: Traffic In-Justice.” I know I’m sounding bitter but that is not my intent. I think there will need to be alot more than a three foot rule to get someone’s attention. However, I am optimistic that is step one. Because alot more needs to be done. In the future, I would like to be able to get from my house (out by Sea World), safely and with the least amount of traffic to my place of work (downtown). I envision that, not just for me but for everyone. I don’t want to here it costs too much or their is no budgeting for bike trails. Let me give two examples that I know. Example #1, there is this place in Florida on the Northwest Panhandle, they have a bike and walking paved trail that parallels the only highway in and out of the area running East & West Highway 98. For walkers and cyclist safety, it is behind trees, in case a vehicle loses control and spins off into the woods. This area is not full of money, it does however,have people who are creative and used good thinking skills to enhance the area. It works very well and runs about 20 miles or so. I foresee in the future, it will go all the way into Fort Walton Beach from Pensacola approximately 48 miles. Exampl#2: There are these cities known as the Quad Cities in the area of Moline, Rock Island, Il. On the Mississippi River they have built a bicycle walking trail that runs all the way from Carbon Cliff to Rock Island Illinois. It is about 30 miles long with great scenery. In congested areas, they seperated the paths for cyclists and walkers. It’s great. I’ve been on both of these paths and know we should be able to accomplish something of this nature. Where if you want you could ride your bike from Boerne, Castroville, Floresville, Somerset, Jordanton or any parts in between to the downtown San Antonio area without having to worry about getting run over. That’s just how I feel about it. Whast do you think? Are you in? If so let’s ADVOCATE.