Bikernet continues to follow Motorcycle Right-Of-Way laws throughout the country. If we can’t tell people to watch out for bikes, it’s about time we reminded them through legislative efforts as a tribute to all downed bikers in Randy Scott’s name. Here’s the lastest news:
NORTH CAROLINA–Sandy Lee, a member of the Brunswick County chapter of Concerned Bikers Association/ ABATE of NC was taken out by a left turner. How ironic that Sandy spent probably at least 3 or 4 days a month thispast legislative session at our state legislature supporting and following up with discussions on our Right of Way bill. We got that sucker through the house, through the senate committees, only to have it shot down by a long time problem senator. The very thing she fought so hard to improve, ended up being the way she left this world.
Sandy didn’t let the fact that her husband Ray’s bike was not running stop her from riding. He followed her, in the truck, as they made their way to breakfast Saturday morning to meet their kids.
Their son had just returned from Iraq, and she was real anxious to see him.
Sandy wasn’t afforded the opportunity. Some woman in a grand marquis turned left in front of her, actually cut across two lanes to do it. Sandy hither right front tire well at about 40 mph. By the time Ray got out of histruck and got to her, his wife of 40+ years was gone. The woman driving the car was charged with a right of way violation.
This leaves a huge hole. And the rippling effect is devastating as well. This chapter is facing pain coming and going over this. Sandy and Ray were dedicated to their beliefs. They joined the Brunswick Co. chapter when they learned how active politically and locally the membership was. Sandy and Ray lived in SOUTH CAROLINA, justover the state line from Brunswick Co.!!! In a helmet-free state. But they traveled in and out of NC so much, they had no problem stepping up to the plate and helping out a lot. The S.C. ABATE chapter that would have been their chapter, had they stayed with SC ABATE, would have been Horry Co. Chapter.
I tried to reach the chapter president, and other members who I know are close to Sandy tonight with no luck. Finally I did get one person and she left no doubt in my mind, just how hard the news was on them all, both from the standpoint of losing a friend, and HOW they lost someone very special.
Here’s to Sandy Lee, the kindest, most ladylike females to grace motorcycle, full of grit and loving life to the end.
— Cindy
COLORADO–A colleague, Dave Christy, which you both might know has started a project dealing with Right-of-Way violations. Please take a look and evaluate it for yourselves. Dave, as far as I know is not just tracking Colorado Right-of-Way violations, but this is his main goal. He will draw statistics from all over the country. Please do what you can as far as links help, etc.
We all know people who have been involved in needless accidents because of Right-of-Way violations. Let’s help put a stop to it.
The new website is: http://www.lonewolfindustries.com/pepcoda/ Thanks
–Rick Reed
ABATE of Colorado Webmaster/Recorder
THE ISSUE– Inattentive, distracted, careless or reckless vehicle operators violate the right-of-way of vulnerable roadway users such as motorcyclists, bicyclists, and pedestrians. The more common Right-of-Way violations are those that occur at intersections, stop or yield signs and vehicles turning left (in front of you). These operators are responsible for many near-miss and actual collisions that injure, maim, and kill thousands of people on the roads.
It’s a nationwide problem, and Colorado is no exception. Far too often in cases of right-of-way violations, the penalty issued is the same as “dinging” a car, an infraction or minor offense, that carries a small fine. It may also include a plea bargain to a lesser violation. The victims and their families are rightfully outraged and bitter.
In 2003, eleven state legislatures considered Right-Of-Way legislation. A number of bills were signed into law. Each bill sought penalty enhancements to complement existing laws, increasing accountability.
THE CURRENT GOAL– The time has come for us in Colorado to make a difference. We understand that the problem exists. The initial and necessary first component must be to document, catalogue, and archive individual case histories into a database. This will be the very foundation that establishes a compelling need change. The PEPCO Data Alliance has been created to assimilate and gather this information.
It is imperative that individuals, families, and their friends, who have been directly affected, supplement the effort by providing documentation.
YOU CAN HELP– We are asking for information covering the last decade. Anyone who rides motorcycles, bicycles, walks are at risk. We are coalition-building and encouraged input, skills and knowledge. This is an Alliance of The Future: We in Colorado, through our efforts, seek to achieve:
1) penalty enhancements
2) further public awareness by use of available highway federal funding (safety & educational – Section 402)
3) consistency and fairness of law enforcement, prosecution, and the courts
4) offenders education courses Contact:pepcoda@earthlink.net”
TEXAS–A BILL TO BE ENTITLED AN ACT,relating to the penalty for failure to yield theright-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OFTEXAS:
SECTION 1. Section 545.153, Transportation Code, is amended by adding Subsection (e) to read as follows:
(e) If it is shown on the trial of an offense under this section that as a result of the commission of the offense:
(1) a collision causing property damage occurred, the offense is a misdemeanor punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both the fine and the confinement; or
(2) a collision causing serious bodily injury or death occurred, the offense is a misdemeanor punishable by a fine of not more than $4,000 and confinement in jail for not less than 30 days and not more than one year.
SECTION 2. Section 11, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (n) to read as follows:
(n) A judge granting community supervision to a defendant convicted of an offense under Section 545.153, Transportation Code, shall require as a condition of community supervision that the defendant submit to not less than 30 days of confinement in jail if the offense resulted in serious bodily injury or death.
SECTION 3. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2003.
NEW YORK–AN ACT to amend the vehicle and traffic law, in relation to establishing additional penalties for certain motor vehicle violations.
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1800-a to read as follows:
S 1800-A. ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS. (A) EVERY PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A VIOLATION OF SECTIONS THREE HUNDRED EIGHTY-EIGHT, ELEVEN HUNDRED ELEVEN, ELEVEN HUNDRED TWEN- TY-NINE, AND ARTICLE TWENTY-SIX OF TITLE SEVEN OF THIS CHAPTER SHALL, IN ADDITION TO ANY OTHER PENALTIES PURSUANT TO THIS CHAPTER, BE SUBJECT TO THE FOLLOWING PENALTIES:
FOR A FIRST CONVICTION THEREOF: WHICH RESULTED IN MINOR BODILY INJURY TO ANOTHER PERSON, A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS, SUSPENSION OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES FOR THIRTY DAYS AND COMPLETION OF A DEFENSIVE DRIVING COURSE BEFORE REISSUE OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES;
(II) WHICH RESULTED IN SERIOUS BODILY INJURY TO ANOTHER PERSON, A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS, SUSPENSION OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES FOR SIXTY DAYS AND COMPLETION OF A DEFENSIVE DRIVING COURSE BEFORE REISSUE OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES; OR
(III) WHICH RESULTED IN DEATH TO ANOTHER PERSON, A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS, SUSPENSION OF SUCH PERSON`S DRIVERS OR NON-RESIDENT DRIVING PRIVILEGES FOR NINETY DAYS AND COMPLETION OF A DEFENSIVE DRIVING COURSE BEFORE REISSUE OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES.
FOR ANY SUBSEQUENT CONVICTIONS THEREOF:
S. 2178 2
(I) WHICH RESULTED IN MINOR BODILY INJURY TO ANOTHER PERSON, A FINE OF NOT LESS THAN FOUR HUNDRED DOLLARS NOR MORE THAN SIX HUNDRED DOLLARS, MANDATORY REVOCATION OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES FOR ONE YEAR, MANDATORY RE-TESTING BY THE DEPARTMENT FOR A NEW LICENSE AND COMPLETION OF A DEFENSIVE DRIVING COURSE BEFORE REISSUE OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES;
(II) WHICH RESULTED IN SERIOUS BODILY INJURY TO ANOTHER PERSON, A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIFTEEN HUNDRED DOLLARS, MANDATORY REVOCATION OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES FOR ONE YEAR, MANDATORY RE-TESTING BY THE DEPARTMENT FOR A NEW LICENSE AND COMPLETION OF A DEFENSIVE DRIVING COURSE BEFORE REISSUE OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES; OR
(III) WHICH RESULTED IN DEATH TO ANOTHER PERSON, A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN THREE THOUSAND DOLLARS, MANDATORY REVOCATION OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES FOR ONE YEAR, MANDATORY RE-TESTING BY THE DEPARTMENT FOR A NEW LICENSE AND COMPLETION OF A DEFENSIVE DRIVING COURSE BEFORE REISSUE 20 OF SUCH PERSON`S DRIVERS LICENSE OR NON-RESIDENT DRIVING PRIVILEGES.
(B) THE FINES COLLECTED PURSUANT TO THIS SECTION SHALL BE EQUALLY DIVIDED BETWEEN THE MOTORCYCLE SAFETY FUND, ESTABLISHED BY SECTION NINETY-TWO-G OF THE STATE FINANCE LAW, FOR MOTORCYCLE RIDER TRAINING COORDINATING ORGANIZATIONS DESIGNATED UNDER SECTION FOUR HUNDRED TEN-A OF THIS CHAPTER AND THE COUNTY TRAFFIC SAFETY BOARD IN THE JURISDICTION WHERE THE VIOLATION OCCURRED; PROVIDED, THAT IF THERE IS NO COUNTY TRAFFIC SAFETY BOARD IN SUCH JURISDICTION, THEN TO THE LOCAL DEPARTMENT OF PUBLIC WORKS.
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
NORTH CAROLINA–A BILL TO BE ENTITLEDAN ACT TO PROVIDE PENALTIES FOR PERSONS WHO CAUSE INJURY OR DEATH WHEN FAILING TO YIELD THE RIGHT-OF-WAY UNDER CERTAIN CIRCUMSTANCES.
The General Assembly of North Carolina enacts: SECTION 1. Chapter 20 of the General Statutes isamended by adding a new section to read:”fl 20-160.1. Failure to yield causing injury or death; penalties. Notwithstanding any other provision of law, a personconvicted of failure to yield while approaching or entering anintersection, turning left at a stop or yield sign, entering aroadway, upon the approach of an emergency vehicle, or athighway construction or maintenance shall be punished in thefollowing manner, in addition to any other punishment:
(1) When there is no great bodily injury or death resulting from the violation, the violator shall be fined two hundred dollars ($200.00) and the violator’s drivers license or commercial drivers license shall be suspended for 30 days.
(2) When there is great bodily injury but no death resulting from the violation, the violator shall be fined five hundred dollars ($500.00) and the violator’s drivers license or commercial drivers license shall be suspended for 90 days.
When a death results from the violation, the violator shall be fined one thousand dollars ($1,000) and the violator’s drivers license or commercial drivers license shall be suspended for six months.”
SECTION 2. This act becomes effective December1, 2003, and applies to offenses committed on or after thatdate.
MISSOURI–SECOND REGULAR SESSIONHOUSE BILL NO. 108092ND GENERAL ASSEMBLY. INTRODUCED BY REPRESENTATIVES PRATT (Sponsor), JOHNSON (47), MOORE, SCHLOTTACH,DOUGHERTY, CARNAHAN, COOPER (120), PARKER, YATES, DUSENBERG,CRAWFORD AND SKAGGS (Co-sponsors).
AN ACTTo repeal section 304.351, RSMo, and to enact in lieu thereof one new section relating to right-of-way at intersections, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 304.351, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 304.351, to read as follows:
304.351. 1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.
2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn.
3. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
4. (1) The state highways and transportation commission with reference to state highways and local authorities with reference to other highways under their jurisdiction may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection.
Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in this section:
(a) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
(b) The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such traffic is moving across or within the intersection.
5. The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.
6. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.
7. The state highways and transportation commission or local authorities with respect to roads under their respective jurisdictions, on any section where construction or major maintenance operations are being effected, may fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of section 304.010.
8. Notwithstanding the provisions of section 304.361, violation of this section shall be deemed a class C misdemeanor.
9. In addition to the penalty specified in subsection 8 of this section any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused physical injury, there shall be assessed a surcharge of up to two hundred dollars. The court may issue an order of suspension of such person’s driving privilege for a period of thirty days.
10. In addition to the penalty specified in subsection 8 of this section any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused serious physical injury, there shall be assessed a surcharge of up to five hundred dollars. The court may issue an order of suspension of such person’s driving privilege for a period of ninety days.
11. In addition to the penalty specified in subsection 8 of this section any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused a fatality, there shall be assessed a surcharge of up to one thousand dollars. The court may issue an order of suspension of such person’s driving privilege for a period of six months.
12. The surcharges imposed pursuant to subsections 9, 10, and 11 of this subsection shall be collected and distributed by the clerk of the court as provided in sections 488.010 to 488.020, RSMo. The surcharges collected pursuant to subsections 9, 10, and 11 of this section shall be credited to the motorcycle safety trust fund established under section 302.137, RSMo.
PENNSYLVANIA–THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 181 Session of 2003. INTRODUCED BY FORCIER, ARMSTRONG, BROWNE, BUXTON, CRUZ, DALEY, FEESE, FLEAGLE, GOODMAN, GRUCELA, HERMAN, HERSHEY, HESS, LEH, LYNCH, READSHAW, ROHRER, SAINATO, SEMMEL, SOLOBAY, STERN, R. STEVENSON, TANGRETTI, E. Z. TAYLOR, TRUE, WALKO AND YOUNGBLOOD, FEBRUARY 11, 2003.
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 11, 2003–AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for additional penalties for right-of-way
3 violations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 6507. Additional penalties for right-of-way violations
9 causing injury or death.
10 (a) Injury.–A person whose violation of a right-of-way
11 requirement listed in subsection (d) causes injury to another
12 person shall be fined $200 in addition to any other penalties;
13 and the person’s driver’s license, commercial driver’s license
14 or nonresident’s operating privilege shall be suspended for 30
15 days.
16 (b) Serious injury.–A person whose violation of a right-of-
17 way requirement listed in subsection (d) causes serious injury to another person shall be fined $500 in addition to any other penalties; and the person’s driver’s license, commercial driver’s license or nonresident’s operating privilege shall be suspended for three months.
(c) Fatality.–A person whose violation of a right-of-way requirement listed in subsection (d) causes a fatality shall be fined $1,000 in addition to any other penalties; and the person’s driver’s license, commercial driver’s license or nonresident’s operating privilege shall be suspended for six 1 months.
(d) Right-of-way requirements.–Following are the right-of- way requirements referred to in subsections (a), (b) and (c): Subchapter B of Chapter 33 (relating to right-of-way).
Section 3107 (relating to drivers in funeral processions).
Section 3112(a)(1) (i) and (ii) and (3)(ii) (relating to traffic-control signals). Section 3113(a)(1) and (3) (relating to pedestrian- control signals).
Section 3114(a)(1) (relating to flashing signals).
Section 3301(a)(2) (relating to driving on right side of roadway).
Section 3322 (relating to vehicle turning left).
Section 3323(b) and (c) (relating to stop signs and yield signs)
Section 3346 (relating to emergency vehicles entering or leaving official garage).
Section 3542(a) (relating to right-of-way of pedestrians in crosswalks).
Section 3702(a) (relating to limitations on backing).
Section 7721(c) (relating to operation on streets and highways). (e) Distribution of fines.–Fines collected under this section shall be distributed to motorcycle and other vehicle safety programs.
Section 2. This act shall take effect in 60 days.
SOUTH CAROLINA– failure to yield right of way bills need your help! Write your state legislators today; demand action on this important issue. If you don’t know who your state representative or senator visit http://www.abatesc.com/legislative, and plug in your zip code. The family of Mark Page supports this legislation and donated $500 to ABATE to help in our efforts.
Dear Senator [your state senator’s name]:
I write today to urge your support for South Carolina Senate Bill 418 (SB-418), introduced by Senator William C. Mescher (R-Pinopolis). Passage of this bill would provide for additional penalties for motor vehicle operators convicted of right-of-way violations that result in injury or death.
Vulnerable roadway users, such as motorcyclists, bicyclists and pedestrians often pay the highest personal price when involved in collisions with other motor vehicles. Distracted, careless or reckless motor vehicle operators are responsible for many near miss and actual collisions that injure or kill thousands of people each year on our roadways. South Carolina’s consideration of SB-418 sends a strong message that people will be held more accountable for the needless pain and suffering they cause through negligent operation of their vehicles. Your support of SB-418 is a vote for safer roadways in South Carolina. I respectfully request your “YES” vote on SB-418.
Sincerely,
[Your signature]
[Your printed full name]
[Voter Registration Number]
[Your printed complete address]
Dear Representative [your state representative’s name]:
I write today to urge your support for South Carolina House Bill 3653 (HB3653), introduced by Representatives Converse A. Chellis (R-Summerville), Annette D. Young (R-Summerville), George H. Bailey (D-St. George), John Altman III (R-Charleston), David Umphlett Jr (R-Moncks Corner), Alan D. Clemmons (R-Myrtle Beach), Shirley R. Hinson (R-Goose Creek), Mclain R. Toole (R-West Columbia). Passage of this bill would provide for additional penalties for motor vehicle operators convicted of right-of-way violations that result in injury or death.
Vulnerable roadway users, such as motorcyclists, bicyclists and pedestrians often pay the highest personal price when involved in collisions with other motor vehicles. Distracted, careless or reckless motor vehicle operators are responsible for many near miss and actual collisions that injure or kill thousands of people each year on our roadways. South Carolina’s consideration of HB-3653 sends a strong message that people will be held more accountable for the needless pain and suffering they cause through negligent operation of their vehicles.
Your support of HB-3653 is a vote for safer roadways in South Carolina.
I respectfully request your “YES” vote on HB-3653.
Sincerely,
[Your signature]
[Your printed full name]
[Voter Registration Number]
[Your printed complete address]
OHIO–Here in southwest Ohio, this past summer, we lost three brothers to people that don’t believe that motorcycles have the same rights as they do. In addition, another couple both lost their left legs to the same problem.
Here are the case outcomes A women crosses the yellow line, rips a man’s leg off. He dies. She gets community service and probation.
A young girl turns left in front of a biker, kills him. Charged with a misdemeanor.
An eighteen year old boy crosses the yellow line and runs into the middle of a pack of motorcycles. He kills one man and tears the left legs off of a man and women. Several others are hurt. He is charged with three misdemeanors. If he is found guilty of all three, he will be facing one year in jail.
I belong to ABATE and we work hard to change the laws but the state critters just won’t listen. From reading your newsletter, I see that my state isn’t the only one with this problem. What the hell are we going to do?
–Loudmouth
