Thoughts on Boise Cycling Task Force Recommendations

ENFORCE 2: Minimum Passing Distance

Reviews from other states that have implemented the three foot passing law are mixed. Indications are that it is difficult to enforce and that it comes into play more on a “post mortem” basis (i.e., the motorist hit the cyclist, therefore he must not have allowed three feet clearance) rather than on a preventive basis. Given the local cycling community’s enthusiasm for this measure, however, it is highly likely that some form of it will be demanded. If we must have it, then let’s remove the “if possible” verbiage. I don’t care how narrow the street is, motorists do not have some divinely conferred right to pass a pedestrian or cyclist in an unsafe manner to save themselves a few precious seconds. In other words, it is always possible to drive safely and our laws should never contradict that principle.

Motorists should be allowed to partially cross the double yellow line to give adequate clearance, if oncoming traffic allows them to safely do so. Since this appears to violate state law, it seems logical to bump this proposed three-foot law up to ITD and the State Legislature and not get the City of Boise mired in it.

ENFORCE 3: Harassment of Cyclists

Do we not already have laws on the books that can be enforced to prevent intimidation and harassment of pedestrians and cyclists? Do we need to create a new “hate crime” and assign some special oppressed victim status to those who travel by human power?

ENFORCE 5: Right-of-way at Intersections

Left turn issue: Existing statutory law already defines right-of-way at intersections. Why do we need a redundant law? If we say we are trying to promote equality, then all vehicular users of the public roadways should learn and follow the same simple set of rules.

Right hook issue: We don’t need a new ordinance for this. It’s an education issue. Cyclists should not hug the curb at an intersection when intending to travel straight through the intersection. Motorists should be trained to know that it is good practice to safely merge into the bike lane when preparing for a right turn.

ENFORCE 6: Riding on Roadways/in Bus Lanes

The verbiage “which does not contain a bike lane” should be stricken. A cyclist’s prudent position on the roadway is affected by many variables that change very dynamically in time and space. Defensive cycling demands that the cyclist sometimes leave the bike lane. A white stripe at the edge of the roadway is not a magical protective barrier and should never be considered a substitute for a cyclist’s sound judgment.

Allowing a cyclist to proceed straight through an intersection from a right-turn-only lane is a recipe for disaster. If I’ve learned anything in over 50 years of urban bicycling, it’s that correct destination positioning at intersections is an absolute key to survival. Expecting motorists to follow the uniform rules of the road is a big enough challenge. Why do we think they will learn special rules that apply only to a minority of road users?

Boise Ordinance 10-14-07, which stipulates mandatory use of bike lanes and side paths when present, has not been on the table for discussion by the Cycling Safety Task Force. Defensive cycling requires that the cyclist sometimes leave the bike lane, for reasons not listed as exceptions in this ordinance, for example to improve sightlines to cross traffic when approaching a driveway or roadway intersection. This ordinance discriminates against cyclists’ equal rights to use the public roadways. The League of American Bicyclists, whose problem solving methodology was followed by the Task Force, strongly discourages mandatory bike lane/side path laws. Quoting the LAB, these laws “force cyclists to use bike lanes, thus restricting their right to use travel lanes as drivers”; and “force cyclists to use a path instead of a nearby road, taking away cyclists’ right to use the road” altogether. All other attempts to make Boise a better place to be a cyclist fall short if this law is left on the books.

ENFORCE 8: Bicycle Ordinance Penalties

Again, if we want to achieve equality for all road users, do we want to let cyclists off the hook with lighter penalties? Will demotion from misdemeanor to infraction status truly result in more rigorous and effective enforcement?