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Terry Lansdell

May 17 2019

2019 NC BikeWalk Summit November 8-9 in Winston-Salem

We wanted to let you all know that we are so very excited to announce our 8th Annual North Carolina BikeWalk Summit!

BikeWalkNC and its partners would like to invite you to be a part of the 2019 NC BikeWalk Summit which will take place November 8-9, 2019 in Winston-Salem North Carolina. We are currently accepting proposals from people, organizations or partnerships who would like to talk about how they are making how we can make “Healthy, Active Communities with a carbon free transportation future!”
The 2019 NC BikeWalk Summit is the proud to be in Winston-Salem for the first time!. We want you to help us tell the story of our present state of active transportation, all that has changed and lay out a  vision for North Carolina. Please submit a proposal for a panel, workshop, mobile workshop or poster. You can propose your own panel, or a single presentation and BikeWalkNC will select the best.

To help get you started, we are looking for proposals that address the following themes:

• Advocacy
• Environmental and Social Justice
• Infrastructure Design/Safety
• Transportation Demand Management
• Health and Wellness
• Education (adult, school age)
• Funding mechanisms
• Policy and Planning (e.g., Complete Streets)
• Laws
• Economic impacts
• Success stories
• Climate Change Impacts
• Anything you would like!
Submit Your Proposal here: 2019 NC BikeWalk Summit Proposal
Sponsorships are also available and needed to make our event a success.  Please review our sponsorship proposal here.

Written by Terry Lansdell · Categorized: Event, News · Tagged: #bwnc, #bwncsummit, #ncdot, @bikeleague, bike, nc, ped, safety, summit, walk

Apr 02 2019

2019 BikeWalkNC Lobby Day

JOIN BikeWalkNC IN RALEIGH FOR YOUR LOBBY DAY TO SUPPORT BICYCLING AND WALKING APRIL 30,2019

We are BikeWalkNC, your statewide advocacy organization for people who bike and walk. Join us and fellow cycling, walking and active transportation advocates in Raleigh to meet with our state legislators, show them who you are and how important it is to support safe infrastructure for people biking and walking.

Our goals for the 2019 BikeWalkNC Lobby Day are to focus our messaging to positively impact safety for cycling and walking and to ensure that our representatives understand the existing health, environmental, economic and placemaking benefits of investments in active transportation infrastructure.  

This year’s General Assembly has been dynamic and has shown an interest for active transportation funding, policy and defining new modes of transportation within existing and future bicycle, pedestrian and multi use facilities.

WE NEED YOUR HELP TO:

  1. Educate our legislators about the rights of people who ride and walk.
  2. As their constituents, build relationships with them to bring all available federal, state and local resources to their districts for active transportation infrastructure, education, encouragement and enforcement.
  3. Inform legislators on the issues confronting bicycling and walking in North Carolina.

MARK YOUR CALENDAR FOR THE APRIL 30 LOBBY DAY AND REGISTER HERE: https://bikewalknc.wildapricot.org/event-3340138 

TRAINING: APRIL 22,  AT 3PM, BikeWalkNC will hold a 45 minute ADVOCACY 101 TRAINING webinar to  review protocols and logistics for the 2019 NC BikeWalk Lobby Day. WHETHER YOU ATTEND LOBBY DAY OR NOT, ALL ARE WELCOME.

LOBBY DAY DATE AND TIME:  April 30 from 10am to 4pm on the third floor of the NC General Assembly Legislative Office Building, 16 W Jones St, Raleigh, NC 27601. We will meet for a pre-lobby breakfast at 9:00 at the Daily Planet Cafe 121 W Jones St, Raleigh, NC 27601.

Written by Terry Lansdell · Categorized: Advocacy, Event

Mar 04 2019

Historical Basis of Road Rights for Pedestrians and Bicyclists

Advocates for motoring sometimes call for elimination of bicyclists or pedestrians from roadways, or for increased regulatory burdens to be placed on bicyclists (ostensibly to equal the expense of motoring regulations). Their argument often begins with the motoring-centric assumption that roads are for cars, and that because motoring on roadways is regulated as a privilege, then any use of roadways is also a privilege, and not a true right.  Historically and legally speaking, however, this claim is inaccurate. Recognition of an individual’s basic right to travel on shared roads dates back thousands of years.

Roads evolved from unimproved footpaths and trails over five thousand years ago. Some roads were constructed and maintained by private landowners, and others by governments. The earliest challenges to public travel over these routes came from landowners or other local inhabitants who might extort money from travelers or block travel by force or physical obstruction. Public use of roads was compelling for access to water, food, and trade, for transport of goods and materials, and for military purposes. Across the world, laws evolved to define the rights and responsibilities of travelers and landowners.

Some of the first written descriptions of travel rights are found in second century BC Roman property laws that established a hierarchy of easements that prioritized pedestrian access over wagon passage. The Romans were prolific road builders, creating a network of durable paved highways that spanned most of Europe including England. While of strategic military importance to the Roman government, these roads were public ways permitted to all. Any act to block or hinder travel upon public roads was prohibited by Roman law.  Within the city of Rome, traffic congestion became such a nuisance that Julius Caesar banned wheeled traffic in the city during most of the daytime.

The tradition of public passage, however, survived even in the dark ages. In the twelfth century, the seminal English law text Tractatus of Glanvil written for Henry II declared the legal status of the king’s highway and the public right to travel upon it.

The concept of right of way originated in English law at this time with a dual meaning: First, the right of the king to establish public roads across private properties, and second, the public’s right of passage on such ways. The common-law right to travel on public ways followed the colonists to North America.

In the late 1800s controversy erupted over a new type of vehicle that was speeding along rural roads and urban streets, occasionally frightening horses and pedestrians: the bicycle. Considered a nuisance by some non-bicyclists, cities and states enacted numerous bans on bicycle travel (for instance, Kentucky banned bicycles from most major roads). Numerous court cases involving bicyclists’ road rights resulted in inconsistent outcomes. In cases involving collisions, English and American courts eventually concluded that the rules of the road for carriages should apply equally to bicyclists. These rules prohibited speeding or otherwise operating in a manner dangerous to others.

Eventually the higher courts in the states would reach conclusions protecting the right to travel by bicycle on public roads. In Swift vs City of Topeka (1890) the Kansas Supreme Court stated:

“Each citizen has the absolute right to choose for himself the mode of conveyance he desires, whether it be by wagon or carriage, by horse, motor or electric car, or by bicycle . . . . This right of the people to the use of the public streets of a city is so well established and so universally recognized in this country that it has become a part of the alphabet of fundamental rights of the citizen.”

In the case of the self-propelled automobile, however, the Kansas Supreme Court spoke too soon. In the 1890s, automobile travel was primarily a novelty for the wealthy, but motor traffic volumes and speeds grew quickly on public roads over the next thirty years. With popularization of motoring came a staggering epidemic of crash fatalities and injuries for pedestrians and vehicle operators. In response, cities across the country enacted new regulations on motoring ranging from licensing requirements to outright bans. Automobile organizations challenged the regulations in court based on right-to-travel grounds, and won many of the early cases. But as motoring’s death toll continued to increase each year, and government regulators made a stronger case that improper motoring violated the travel rights of others, the courts relented. By 1920, no court found the right to travel to be sufficient grounds to strike down a driver license requirement for motor vehicle use. For instance, in the federal case Hendrick v. Maryland 235 US 610 (1915):

“The movement of motor vehicles over the highways is attended by constant and serious dangers to the public, and is also abnormally destructive to the ways themselves . . . In the absence of national legislation covering the subject a State may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles — those moving in interstate commerce as well as others. And to this end it may require the registration of such vehicles and the licensing of their drivers . . . This is but an exercise of the police power uniformly recognized as belonging to the States and essential to the preservation of the health, safety and comfort of their citizens.”

Drivers who were charged with driving a motor vehicle without a license would continue to attempt a defense based on the right to travel, but to no avail. For instance, in State v. Davis (Missouri 1988):

“The state of Missouri, by making the licensing requirements in question, is not prohibiting Davis from expressing or practicing his religious beliefs or from traveling throughout this land. If he wishes, he may walk, ride a bicycle or horse…. He cannot, however, operate a motor vehicle on the public highways without … a valid operator’s license.”

The State v. Davis decision calls out the importance of walking and bicycling in supporting the right to travel. If driving a motor vehicle is an issued and revocable privilege, then it stands to reason that some other modes must remain in order to preserve the right to travel. Otherwise, only the privileged could continue to travel independently on the essential trips that people have been making for thousands of years.

Bicycle registration programs are often proposed and sometimes implemented to combat bicycle theft and to raise revenue. Most government-operated bicycle registration programs in the US fail due to high implementation costs, low participation and revenue, complications for bicyclists traveling between jurisdictions, and increased friction between police and low-income populations. Today, Hawaii is the only US state with a mandatory bicycle registration requirement, which succeeds primarily because it is implemented as an excise tax on new bikes at the point of sale, and also because out-of-state bicyclists cannot ride across the state’s border.

As a note, property taxes have historically been the revenue method for paying for roadways.  The high costs of the construction and maintenance of roads due to motoring, compared to traditional human and animal powered means, led to the institution of a fuel tax.  Although the first gas tax was instituted around 1932, dedication to highways and the Highway Trust Fund wasn’t in place until 1956.  According to a 2015 report done by the US PIRG, the fuel tax today covers less than half the costs of maintaining and expanding roadways. The resulting shortfall is made up from other sources of tax revenue at the state and local levels, and is generated by drivers and non-drivers alike. Most communities elect to promote the public benefits of bicycling and walking rather than deter these activities by applying a usage tax.

Many US residents do not drive motor vehicles due to limitations of age, health, or economics, or simply by choice. Worldwide, motorists are a clear minority; people outnumber motor vehicles 7 to 1. In much of the world, the bicycle is the most popular vehicle choice for travel, essential for the mobility of people with modest incomes or in areas with a scarcity of space that can be dedicated for motoring (or even for parking).  Promotion of motoring at the expense of bicycling and walking would repurpose our roads from public rights of way open to all users into specialized facilities reserved for the privileged.

The only roads legally prohibited to bicyclists and pedestrians in North Carolina are fully controlled access highways, aka freeways. Prohibition from such highways is acceptable only because the full control of access prohibits driveway access between the highways and the adjacent land; the adjacent properties are accessible by other roads that are not fully controlled access and therefore open to bicyclists. The prohibition from fully controlled access highways does not prevent pedestrians and bicyclists from reaching their destinations, but may sometimes require longer routes.

According to the Complete Streets policy adopted by the North Carolina Board of Transportation in July 2009, “[t]he North Carolina Department of Transportation, in its role as steward over the transportation infrastructure, is committed to providing an efficient multi-modal transportation network in North Carolina such that the access, mobility, and safety needs of motorists, transit users, bicyclists, and pedestrians of all ages and abilities are safely accommodated.” The NCDOT Roadway Design Manual says “It is the responsibility of the Section Engineers and Project Engineers to be assured that all plans, specifications, and estimates (PS&E’s) for federal-aid projects conform to the design criteria in the “A Policy on Geometric Design of Highways and Streets” (2011).” That document, also known as the AASHTO Green Book, states: “The bicycle should also be considered a design vehicle where bicycle use is allowed.” It should be clear that bicyclists are intended users of all roadways in North Carolina except fully controlled access highways (freeways), and that it is our government’s job to facilitate this travel, not deter it.

Full article with references and endnotes

Written by Terry Lansdell · Categorized: Advocacy · Tagged: #fundbikeped, #hb157, #NCGAHB157, #nobikeregistration, h157

Mar 03 2019

Join with BikeWalk NC in writing the governor and state representatives to return funding for Active Transportation Projects and Programs.

March 2, 2019

Dear Governor Cooper and members of the North Carolina General Assembly,

Help make North Carolina safe for active transportation and invest in roadway designs that benefit cyclists, pedestrians, and entire communities! Active transportation promotes economic development, benefits our physical and mental health, and fosters a clean, energy efficient environment..

In 2013 when the North Carolina Department of Transportation (NCDOT) adopted its goals of implementing its “comprehensive statewide plan for improving bicycling and walking conditions across North Carolina”, it focused on five main principles – mobility, safety, health, the economy and the environment. The NC General Assembly that same year, defunded that plan and has since directed NCDOT to spend billions of tax dollars on limited use roadway and turnpike projects, while defunding active transportation.

For six years, North Carolina has not funded any stand-alone bicycle or pedestrian projects. Rural and urban counties across the state have active transportation plans and projects that remain unfunded. Unfair financial burdens exist for local communities which limit their ability to: provide for active transportation, improve roadway safety, enrich their quality of life and placemaking, and enhance North Carolina’s economic vitality through a modern multimodal transportation system.

The undersigned individuals, BikeWalk NC and its organizational partners stand with nine other Regional Planning Organizations and other Metropolitan Planning Organizations that represent millions of North Carolina residents.

We ask that the North Carolina General Assembly end the prohibition on state funding and allow for the design, development and construction of Stand-Alone Bicycle and Pedestrian Projects to facilitate safe active transportation facilities. We also urge the General Assembly to consider codification of North Carolina’s Complete Streets Policy.

 

 

(draft)

Written by Terry Lansdell · Categorized: Advocacy · Tagged: #NCGAHB157 #hb157 #bikeregistration #fundbikeped, #nobikeregistration

Jan 19 2019

Winter 2019 Newsletter

Happy 2019! Changes at NCDOT, priorities for BWNC this year, the AV Start Act, and more. Read on. 

ON THE MOVE
The Newsletter of BikeWalk NC
From the Executive Director
Victory in the fight for funds to make North Carolina a state where anyone can choose to bicycle, run, walk and use all forms of active transportation to improve our health, environment and economy requires correcting bad decisions of the past. It also requires bold new public policies that will improve our transportation networks for all. Policy makers across the state make many decisions that impact the lives of rural and urban residents and visitors. Their leadership and our work are vital to creating an environment that fairly and equitably accommodates all forms of active and multimodal transportation.

In 2019, BikeWalk North Carolina (BWNC) will work with partners, groups, and with you, our members, on the following priorities:

Reducing the Loss of Life: BWNC will work to activate as many North Carolina cities and the state to declare that Vision Zero is a defining goal for how we educate, design and build our roadways. We will speak up at NCDOT’s Vision Zero committee meetings for prioritizing safety of our roadways over all else.

Codifying Complete Streets Policy: BWNC will continue our work with policy makers to require NCDOT to develop a clear, comprehensive and standardized approach for implementing its Complete Streets Policy, and we will work to get the necessary funding and design of a safe and equitable multimodal transportation network.

Eliminating the Bicycle and Pedestrian Funding Limitation: BWNC will work to remove the 2013 session law that states NCDOT shall not provide financial support for independent bicycle and pedestrian improvement projects, except for federal funds administered by the Department for that purpose.Thank you to all our members and donors for your generosity and participation in 2018. We hope that you will continue your support, reach out to local groups and your employers to join or match your generous contributions.As we move forward in 2019, new developments will shape our work together. NCDOT recently announced that it is merging its Bicycle and Pedestrian Division with its Public Transportation Division. At this time, it is unclear how this historically significant merge will affect multi modal transportation planning and funding. This change reinforces our critical work at BWNC as North Carolina’s only statewide advocacy group for safe cycling and walking.
For more information, contact Terry Lansdell, Director@bikewalknc.org

AV Start Act Stalls
As the discussion continues about Autonomous Vehicles, we wanted to update our readers on the status of the AV Start Act.The AV Start Act, a US Senate bill to establish preliminary federal regulations for autonomous vehicles, died without a vote when the 2017-2018 legislative session ended. The bill received pushback from consumer and bike/ped advocacy groups who cited a lack of standards-based safety requirements and a dependence on self-regulations by Level 3-5 AV manufacturers as the technology first enters the market. (AVs are currently broken into 5 levels, with levels 3–5 being the most automated). Passage was thwarted by other senate issues taking precedence, but sponsor, Senator John Thune [R-SD], has promised to re-introduce the bill during the next session.Like its companion bill that passed the House in 2017, the AV Start Act preempts state regulation of AV equipment in favor of federal-level regulation, but would delay implementation of federal equipment standards and mandatory testing protocols for three to five years as federal regulators study and report on the issues. The act would require AV manufacturers to provide the government with self-evaluation reports on how their products accomplish multiple safety objectives, such as sensing of pedestrians and bicyclists, and to provide relevant crash data. During this period, manufacture and public operation of level 3-5 AVs lacking traditional safety devices such as brake pedals would be allowed.Numerous bike/pedestrian and safety advocacy groups such as the League of American Bicyclists have expressed alarm at the lack of federal regulation of AV sensor and control systems, particularly in the wake of the fatal Uber AV collision with a pedestrian in Arizona in March 2018. AV manufacturers contend that waiting for the government to develop comprehensive system testing, standards, and regulations before allowing public deployment would delay the purportedly safer-than-human-driver technology and put US manufacturers at a disadvantage with their overseas competitors.The AV Start Act does preserve common law liability for AV manufacturers and protects both common law and statutory liability from preemption in future legislation. This ensures that pedestrians, bicyclists, and other non-occupants have the right to trial by jury if harmed by the new technology— a powerful incentive for manufacturers to make their products safe. However, the Act does not address forced arbitration clausesthat are frequently included in user contracts for users of ride and rental services. Consumer groups fear that such arbitration clauses could deny vehicle occupants the right to sue individually or as part of a class action.For more information: AV Start Act, Self-driving bill hits dead end in U.S. Senate, Autonomous Driving and Collision Avoidance Technology Implications for Bicyclists and Pedestrians
Mark Your Calendars for these BWNC events in 2019

2019 CARS RideThe Capital Area Ride for Safety (CARS) ride was first held in Raleigh in 2016 to  promote, educate, raise awareness and encourage positive interaction between motorists and bicyclists. September 22, 2019, will be the fourth year of the event, which continues to grow each year. Please put Sunday, September 22nd on your calendar for the 2019 ride. This is a well-organized ride with several options for riders including road rides, greenway rides, and even virtual rides. Best of all, it benefits BikeWalk NC and our work on behalf of you! For photos from last year or more information on the ride, go to CARSride.org.

2019 NC BikeWalk SummitBikeWalk NC loved seeing so many of you at this year’s statewide Summit. If you couldn’t attend the Summit this year, or if you did and found it worthwhile, please mark your calendars to join us for the 2019 NC BikeWalk Summit being held October 18–19 in Winston-Salem. If you are a bicycle / pedestrian advocate in the Winston-Salem area who would like to help us plan the Summit and showcase your town, please send a note to our Executive Director, Terry Lansdell, at director@bikewalknc.org.

Happenings Around the StateThere are some exciting things happening around our state. A few of them are highlighted below.
Durham, NC, as reported in our last newsletter, received a $1 million Bloomberg Mayors Challenge grant to support their work to reduce demand for single-occupancy vehicle trips into downtown Durham. This funding is in addition to the $100,000 award that created the Durham Mayors Challenge Pilot Program. During the 2018 Pilot, the City of Durham worked with approximately 1500 downtown employees to understand and encourage alternative commuting. This project tested two strategies, the personalized planning tool and the bus lottery game, both of which resulted in measurable change in how people reported traveling. The future program will continue and improve these strategies, as well as test other ways to encourage our community to drive alone less. The program will focus work in the downtown Durham area with the goal of building a program that can adopted by any community in the United States.
Apex, NC has completed its bike plan, which includes a connection to the 22 mile American Tobacco Trail.
Chapel Hill, NC was named a Silver Level Bicycle Friendly Community by the League of American Bicyclists. They join their neighboring community of Carrboro as the only two communities to reach this level to date.Is your community doing something we and others should know about? Send us a link so we can promote it!
Second E-Bike Raffle Winner Announced
Joe Michel from E-Bike Central (R) presenting Seth LaJeunesse with his new E-Bike. Seth takes his new bike for a spin in the parking lot.The second BWNC raffle was held on January 9, and we are pleased to announce Seth LaJeunesse as the winner of the BH Easy Motion Evo Eco e-bike that was donated by E-bike Central. Seth is Research Associate at UNC HSRC & Associate Director at the National Center for Safe Routes to School. Congratulations, Seth! We look forward to hearing about your experience with this new mode of transport!
BikeWalk NC is your statewide advocate for better infrastructure, better policies, and safer walking and bicycling experiences in our state. 

You can help by becoming a member for only $30/year.
Won’t you join today, and make our voice even stronger?
Contact us!
Terry Lansdelldirector@bikewalknc.org
P.O. Box 531, Cary, N.C. 27512We’re Social!
Copyright © 2018 BikeWalk NC. All rights reserved.Contact email: contact@bikewalknc.orgYou are receiving this message because you opted in at BikeWalk NC. 
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Written by Terry Lansdell · Categorized: News

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