Bicycle Right of Way discussion (VA)

[Dalton, George W.]

Alexandria has already initiated the higher fines at select crosswalks.
The new signs are up around the Braddock metro station at least.  Alexandria
needs them in more places...(insert standard pedestrian rights rant).
George Dalton

-----Original Message-----
From: James Wamsley [mailto:jwams at erols.com]
Sent: Wednesday, December 20, 2000 2:57 PM
To: bsc at Bicycle.Alexandria.VA.US
Subject: Re: Bicycle Right of Way discussion (VA)


What is Alexandria doing?

>To: dcbike at igc.topica.com
>From: Robert Swennes <robertswennes at hotmail.com>
>Subject: Re: Bicycle Right of Way discussion (VA)
>Date: Wed, 20 Dec 2000 11:38:50 -0800
>Reply-To: dcbike at igc.topica.com
>X-Topica-Loop: 700000017
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>X-OriginalArrivalTime: 20 Dec 2000 19:38:21.0824 (UTC)
FILETIME=[693AF000:01C06ABC]
>
>There is a lot of mixed information here, and some update is in order.
>
>The bill that passed the General Assembly, as I understand it, did not 
>create the right for Arlington and Alexandria to have motor vehicles yield 
>the right of way to pedestrians in marked crosswalks.  That rule has been
on 
>the books for years.  The recent legislation in Richmond simply gave the
two 
>Northern Virginia jurisdictions the right to significantly increase the 
>monetary penalties that would be assessed against motorists who failed to 
>properly yield the right of way to crossing pedestrians.  Since then, the 
>CTB has decided that Arlington and Alexandria could develop their own 
>criteria for which intersections this special fine would apply to and post 
>signs near those crossings accordingly.  Arlington is in the process of 
>having such a local ordinance advertised and approved.  I assume Alexandria

>is engaged in the same process.
>
>The new fines might, for example, apply at specially marked intersections 
>where right-turning motorists who have a red light have been shown to fail 
>to yield the right of way to crossing pedestrians who do have the right of 
>way.  The new ordinance does not increase the rights of pedestrians, it 
>simply increases the penalty imposed on motorists who disregard them at 
>those specially marked intersections.
>
>The stop signs installed on the W&OD Trail presumably establish that trail 
>users do not have the right of way when crossing the roadway--the vehicles 
>on the roads do.  If instead of these signs the roads had signs warning 
>motorists to watch for and yield to crossing trail users, then the trail 
>users would have the right of way and road vehicles would be obliged to 
>yield to them.  Perhaps that is a change that cyclists and other trail
users 
>should press for at "unsignalized" intersections of the W&OD Trail and
local 
>roads.
>
>The Virginia statutes regarding the rights and responsibilities of 
>pedestrians and the function of pedestrian crosswalks are somewhat "muddy",

>which is why Delegate Karen Darner and others have been pressing for some 
>years to have them clarified.
>
>
>>From: Bob Brubaker <brubmail at yahoo.com>
>>Reply-To: dcbike at igc.topica.com
>>To: dcbike <dcbike at igc.topica.com>
>>Subject: Bicycle Right of Way discussion (VA)
>>Date: Wed, 20 Dec 2000 05:04:08 -0800
>>
>>
>>----- Original Message -----
>>To: bob brubaker
>>Sent: Tuesday, December 19, 2000 6:44 PM
>>
>>
>>Bob, some interesting codes references regarding cyclist as pedestrians in

>>the last FFX co Board of supervisor meeting. Might be useful in your 
>>rollerblade fight for freedom.
>>
>>Jim
>>
>>
>>
>>http://www.co.fairfax.va.us/gov/bos/summary/2000/00-12-11.htm
>>
>>33. PEDESTRIAN ACCIDENT (Tape 5)
>>
>>
>>Supervisor Hudgins said that on March 7, 2000, a cyclist was injured 
>>attempting to cross Sunset Hills Road on the W&OD trail in the pedestrian 
>>crosswalk. She referred to a letter from a constituent to Judge Richard 
>>Horan regarding the trial of the cyclist injured in this accident. In the 
>>letter, the constituent notes Judge Horan misstated the rules that 
>>pedestrian crosswalks do not apply to bicycles.
>>
>>
>>Supervisor Hudgins said that the rules that apply to a pedestrian 
>>crosswalk, by virtue of the Code of Virginia, also apply to cyclists in
the 
>>crosswalk. The Code of Virginia, Title 46.2, Chapter 8 - Regulation of 
>>Traffic- Article I - General and Miscellaneous, Section 46.2-904 states "A

>>person riding a bicycle on a sidewalk, or across a roadway on a crosswalk,

>>shall have all the rights and duties of a pedestrian under the same 
>>circumstances." There are stop signs on the W&OD trail; however, the signs

>>are not mandated by the Virginia Department of Transportation. The signs
on 
>>the trail were placed there by the Northern Virginia Regional Park 
>>Authority, which supplement the existing statue 46.2-924 that states, "No 
>>pedestrian shall enter or cross an intersection in disregard of
approaching 
>>traffic."
>>
>>
>>Supervisor Hudgins said that the Virginia General Assembly recently passed

>>House Bill 932, "Right of Way of Pedestrians" which amends Title 46.2. 
>>House Bill 932, signed by the Governor, went into effect July 1, 2000, as 
>>Chapter 323. The amendment summary as passed allows Arlington County and 
>>the City of Alexandria, by ordinance, to provide for the installation and 
>>maintenance of highway signs specifically requiring motorist to yield the 
>>right-of-way to pedestrians in marked crosswalks. Any operator of a motor 
>>vehicle who fails to yield the right-of-way as required by such signs will

>>be guilty of a traffic infraction punishable by a fine of no less than
$100 
>>and no more than $500. The Commonwealth Transportation Board is to develop

>>criteria for the design, locations and installation of such signs. The
bill 
>>does not apply to any limited access highway.
>>
>>
>>Therefore, Supervisor Hudgins moved that the Board refer to the
Legislative 
>>Committee for consideration of legislation which will allow Fairfax County

>>to post specific signs requiring motorists to yield the right-of-way to 
>>pedestrians and cyclist in crosswalks and allowing for associated fines
for 
>>infraction. Supervisor Bulova seconded the motion.
>>
>>
>>Chairman Hanley relinquished the Chair to Vice-Chairman Hyland and asked
to 
>>amend the motion to direct staff to review this issue now and if it is 
>>determined that there is a need for legislation, the Board will go on 
>>record as endorsing it, and this was accepted.
>>
>>
>>The question was called on the motion, as amended, which carried by a vote

>>of eight, Supervisor Frey and Supervisor McConnell being out of the room.
>>
>>
>>Vice-Chairman Hyland returned the gavel Chairman Hanley.
>>
>>
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Jim Wamsley
jwams at erols.com

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