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Baddlands Cycling Club
418 East Pacific Suite 2-Spokane Washington 99202-1456
Voice: 509.456.0432
Fax: 509.456.8875
The evening of the accident was sunny and warm. The highway in which he
was racing was almost void of traffic. The required warning signs were
set up along the course and the officials and marshals all wore reflective vests. Cooper's
Baddlands Club jersey was also bright yellow. The stretch of road that he was
killed on was straight with no obstructions. The sun was not a factor. June 24th was the
second longest day of the year with the sun still high in the sky. The
two elderly occupants in the car never even saw him until he came crashing onto the
windshield. Alcohol and drugs were not a factor in this accident.
After a lengthy investigation by the Washington State
Patrol, the woman who struck Cooper was given a $250 ticket. End Of Deal!
No one wants to see this woman punished more than she already has been. She has to
live with this memory for the rest of her life. What the parents of Cooper
Jones want is is to change the law that permits a driver to hit and kill a cyclist /
pedestrian and walk away with a $250.00 fine. Is life so cheap? We had expected that
the person involved would at least have her license test retaken. But there
is no law in this state that requires a retest..and that brings us to the Jones's battle
to get the laws looked at and modified or re-written.
On October 23, 1997 there will be a meeting of the
Law & Justice Committee.
Time: 6pm
Place: SCC Auditorium.
The group is working on stiffer penalties for
hitting a cyclist or pedestrian. We need your input and support. Please
make every effort to attend. No amount of money can lessen the pain the family
and his friends have endured, but knowing that we may have made JUST one driver think a
little bit before he or she zooms by a cyclist makes all this work worth it. Please join
us.
The above statement is solely the opinion of
Alex Renner. A copy of the WSP accident report is available upon request.
LETTERS OF INTEREST
Date: Mon, 25 Aug 1997 15:01:34 -0700
From: Miller, Phil (Phil.Miller@metrokc.gov)
Subject: Status Report - WAC Guidelines for Road Racing
To: uscf-nw@eskimo.com
Friends -
Recently, the State of Washington through the Washington State Department of Transportation and the Washington State Patrol have begun a process to more clearly define the process by which bicycle races are permitted when run on Washington State highways. As most of you are aware, the issue arose this summer at least partially as a result of the fatal accident suffered by thirteen year old Cooper Jones during a sanctioned club time trial in Cheney, Washington. Cyclists throughout the state through their letters, involvement and concern have convinced the state that the rather vague and inconsistent process used for permitting races met neither the administrative concerns of the state nor the safety concerns of bicyclists particularly well.
Accordingly, the state agreed to begin a process which will result in bicycle racing being given a status as a permitted use on state highways, so long as a permit is issued which incorporates review of certain key elements of the proposed event. Such guidelines have been established and in place for quite awhile in the states of Oregon and Colorado, and are serving as the basis for the Washington effort.
This process is just beginning. The state has assembled a task force to address issues of content and format for the proposed regulations and the guidelines which will accompany the regulations. The task farce has representation from the USCF (myself), the Baddlands Bicycle Club (the club which promoted the TT in which Cooper Jones was involved), the WSDOT, the State Patrol, the Greater Spokane Sports and Events Council, and the AAA (representing other road users). While the process for adopting WAC's is very defined and builds in a great deal of public involvement, already one can hear concern that individuals are "being left out" of the process and that the drafts of the proposed regulations if adopted would put local clubs out of the business of promoting races.
Neither situation is true, although I note with a wry smile that having the bicycling community worrying about the cost of promoting races is a significant distance from two months ago, when everyone was concerned that road racing would cease to exist in the State of Washington. We do need to keep some perspective on this issue. Running bicycle races on public highways is not a right - currently it is not even a permitted use. We aren't arguing this issue from a position of strength, but rather on - well - the virtue of sport. We are competing for space on the roads, and acceptance of our legitimacy as a special event.
To earn this status clearly involves acceptance of some responsibility for the quality of our events. We cannot sustain multiple incidents of the nature we saw this summer, whether or not the promoting organization is in some way culpable for the event. Baddlands BC did everything right in their TT promotion, and yet someone died. Fortunately, the public sided with bicyclists in their protestations of legitimacy in the face of a legal challenge by the State patrol and the WSDOT. A second fatality under similar circumstances would sorely challenge the continuation of that level of public support.
With that in mind, the development of a WAC and guidelines which are fair, flexible and understandable becomes a priority. I recognize that most of the readers of this newsgroup aren't career bureaucrats, so what follows are some of the basics of this process. I have also attached a draft I put together of a proposed guidelines document - it is not (yet) the work of the task force, but rather a rewrite of the Oregon and Colorado documents. PLEASE - comments on this draft should come to me at this address or at Bikeref@aol.com, but not to the WSDOT. The task force has not written or approved anything yet, so demanding an opportunity to comment might be a little, um, premature - OK?
(Winword 6.0 - I live in the land of the Borg - sorry)
Here goes:
1. What's the WAC?
WAC stands for Washington Administrative Code. The WAC represents the means by which state agencies implement and administer state law. The WAC is adopted by the agencies (not the legislature) involved, after a process which is mandated by state law. There are several key points for public involvement prior to adoption by the WSDOT of any proposed WAC or accompanying guidelines. It is the intent of the task force to have a WAC in place in time for 1998 event promoters to process applications in a timely manner, hence the process now must move along at a brisk clip.
2. What's the relationship of the WAC to the Guidelines?
Essentially, the WAC will state the intent and interest of the State of Washington relating to the administration of bicycle racing on Washington roads. It will define bicycle racing as a legitimate activity on Washington roads (my phrase, there), and require a more detailed process be put into place for reviewing proposed races. The WAC will also specify topics to be covered in the review of the permit, but not the specific requirements to be met in these topic areas. The Guidelines will be written as a manual to the reviewing of permits, and cover in (what is for the WSDOT) greater detail the elements of a race which are subject to review, and suggest a range of standards to be met or demonstrated in a permit. Topic areas likely will include:
Course map and plan
Marshaling Plan
Traffic Control
Race communications
Signing Plan
Emergency Medical Plan
Note that these are elements already required to be addressed in the USCF promoter's Event Checklist.
3. Why haven't I been able to review the draft? What are you hiding?
The draft is not available for review because there is not yet a draft of anything to be reviewed. The Task Force in its first meeting discussed the purpose and potential content of the WAC, and has not yet addressed the Guidelines. The Task Force is assembling a mailing list of interested parties for draft review prior to the legislatively mandated review. If you would like to review materials as part of this peer group, please notify me by return e-mail. Again, what I've attached to this mail is something I have developed and does not represent the consent or approval of anything or anyone, save perhaps myself.
4. Will the proposed guidelines make the cost of putting on a race unaffordable?
In principle, no it should not, especially when we consider the alternative may be no open road racing at all. We need to look at Oregon and Colorado to see the impacts of the more defined process on local racing. In both cases, we see states with road schedules which (if anything) are more active than that seen in Washington. In both cases, the guidelines were developed at least partially in response to situations such as we've experienced this year. Both states require less than the USCF does in pre-event review, at least if the USCF regs. were applied as intended.
The State does have legitimate concerns that must be addressed in the Guidelines, although they have already acknowledged that flexibility in different situations has a place in the equation. Here are areas expressed so far:
Caravan Size (Minimum) - Is a lead and follow vehicle enough for safely protecting a road race? How are intermediate (chase) groups protected within a large race envelope? Should a third vehicle (what officials call "Comm 2") be required in races of a particular size to cover breaks and chase groups?
Signing and Lighting of vehicles - Request to equip lead and follow vehicles with rotating amber beacons (something WSBA has been implementing for two years) Caravan vehicles will likely require some common format signing identifying them as caravan vehicles, much as pilot vehicles are signed when moving oversize loads.
Consistent format course signing - Request to require use of stationary signage consistent with format in Manual of Uniform Traffic Control Devices (MUTCD) - so that motorists can better recognize and respect the advance warning signs which accompany an event. Because of cost of this element, there may be a phase-in period for compliance.
Clear distinction as to when Police officers, trained flaggers and untrained course marshals should be used for specified circumstances on a course (i.e. overriding a traffic signal vs. holding cross traffic at a stop sign). These are examples of the type of issues to be addressed. Here are my observations to date:
- We are winning the right to run races on public highways, which we've never had before.
- We will more than likely be held to a standard which is very little changed from what exists internally under USCF practice. Non USCF events should be held to this standard.
- The state (via the Highway Traffic Safety Commission) is making available non-competitive grant $'s for use by clubs and the WSBA to procure the equipment which may be required under the guidelines. Without the WAC, these funds might not be available.
- It is far better for us to raise the quality of races on our own initiative than to have it dictated to us. This process is clearly being driven by the racing community, but we must keep the WSDOT and WSP on our side - I believe that they are not only negotiating in good faith now, but actually are seeing this from our point of view.
I'm sorry that this has taken too long to reach you from the perspective of some, but communicating this earlier would have been speculation of somewhat marginal responsibility on my part. PLEASE feel free to communicate to me via e-mail, the phone or at the races about this. There is nothing more important going on right now in Washington bicycle racing. Please, however, respect the process established for the purpose of saving our sport. We're getting there, steadily and positively - like a great bridging effort in the last 20 kilometers of a championship road race. Together, we'll hit the line first.
Yours in cycling,
Phil Miller
UCI National Commissaire
Senior Transportation Planner
King County Department of Transportation
home 425-885-7924
work 206-689-4741
phil.miller@metrokc.gov
bikeref@aol.com
6519 152nd Avenue NE, Redmond WA 98052
Date: Mon, 11 Aug 1997
From: wsba@peloton.org
Subject: Road Race Ban Reversed!
To all concerned;
Please read the following two letters. The second from the State of Washington is a little more detailed about the process to make competitive cycling legal in this state.
As noted in the second letter, action is and will continue be taken to resolve these issues until complete. Thanks to all of you who took the time to voice your concern and write letters. I believe that although not said outright, there is now strong political pressure to resolve this quickly, fairly, and in the best interest of competitive cycling.
Please head the plea from the state officers to STOP sending any more letters. You have accomplished more than you probably realize. We are the third state in the nation to actually consider road racing as a legal activity on our highways and with continued work this will be fact by the end of this year.
Again, thank you for your support. As things progress, we will continue to keep you informed of the current status.
Sincerely,
Richard Loftin
WSBA
--------------
Howdy Folks,
As you've already seen on this mailing list, our fight against the road race ban is going well. First of all, I'd like to thank everybody who's written letters so far. It's made a huge difference in the way that the issue is being resolved. Below is a brief outline of the latest meeting between government officials and the cycling community (I've tried to flesh out a few details not already posted to this list). Also below is a description of future hurdles we will be facing and what you can do to help.
To those of you who have letters sitting on your word processors half finished, we still need you to send them off. Letters to the WSP and WSDOT should, at this point, contain a sentiment of thank you for rescinding the road race ban. We still need, however, to encourage the WSDOT, WSP and especially our legislators and the governor's office to help facilitate the speedy adoption of the proposed WAC addendum.
----------
Meeting #3 Summary:
In attendance: A (very) partial list: Phil Miller (USCF and King. Co. DOT), Mike Dornfeld (WSDOT Bicycle and Pedestrian Program Manager), several Baddlands Cycling Club officials, local (Spokane area) WSP and WSDOT officials, the #3 WSP official (from Olympia).
After a presentation on how a rolling enclosure works and on the USCF permitting process (especially the safety concerns that have to be addressed when applying for a permit), the Olympia officials stated that they don't see a problem with allowing pack road racing to continue for the time being. To sum up: under strong political pressure from Olympia (driven, in a large part by our letter writing campaign) the Spokane area WSP and WSDOT officials have backed down from their road race ban.
---------
The future:
There will be a meeting in Spokane on August 19th to draft the WAC addendum and the accompanying guidelines (note: I thought that this had already been done - DL). Both of these items are likely to be strongly based on the homologous Oregon codes. Participants will include WSDOT, WSP, USCF, WSBA, and club representatives. This draft will go directly to the state Attorney General who will determine if it is appropriately written (i.e. check the phrasing) and determine if an addendum to the WAC is appropriate in this case - it is possible that a change in the WAC would not be sufficient and we would need to get a change in the RCW which could mean months to years of delay. If the AG gives the WAC addendum her blessing, an 'emergency' public hearing will be called for public comment. (Emergency simply means that the mandatory 120 day waiting period is waived.) If there are no hang-ups in this process then we'll finally have an explicit allowance for pack bicycle racing in Washington State.
David Lawson Dept. of Biochem. & Biophy. Washington State University Pullman, WA 99164-4660 Lab phone: (509) 335-2533
From: cGilson Al[SMTP:GilsonA@wsdot.wa.gov]
Sent: Friday, August 08, 1997 10:31 AM
To: Loftin, Richard
Subject: Bike Racing Release
Hello. I hope you can do me a favor. The WSDOT and State Legislators are now
getting a second round of e-mail from bicycle racing enthusiasts from across the nation on
this issue in Washington State. I am assuming that these folks sending the e-mails are not
up to speed as to the progress and are relying on older info to base their comments. Can
you distribute this press release through the same channels that these people are getting
their info so we can assure them that progress is being made? We at the WSDOT do not have
access to Usenet servers or newsgroups.
Thanks for your help.
*******************Press Release*********************
Washington State Department of Transportation
August 7, 1997
For Immediate Release
Contact: Al Gilson (agilson@wsdot.wa.gov) or Mike Dornfeld (dornfem@wsdot.wa.gov)
Groups work to solve bike racing concerns!
The recent concerns over the use of state highways in the WSDOT Eastern Region for bicycle racing has brought bike racing advocacy groups and state agencies together to work on solutions.
Over the next few months, the Washington State Patrol and the Washington State Department of Transportation are jointly reviewing guidelines and procedures for bicycle racing on state highways and their implementation on a statewide basis. Representatives of bicycle organizations plus other roadway use groups and agencies have also been invited to join those discussions.
The first meeting of the group was held on Friday, August 1 at the WSDOT Eastern Region Office in Spokane. At that meeting, which was organized by Dave Peach, the WSDOT Statewide Traffic engineer, representatives of the Baddlands Bicycle Club of Spokane, the United States Cycling Federation, the Washington State Patrol, WSDOT, and the Greater Spokane Sports Association began the process of developing an addition to the Washington Administrative Code that will specifically address the procedures required to operate sanctioned bike races on state highways. The WAC process brings with it a commitment to develop the statewide regulations with the input of everyone involved, including bicycle groups statewide with the goal that the regulations developed will meet everyone's safety, mobility, and recreational needs. A work group with members selected from the meeting attendees will be looking at bike racing rules and procedures from other states as examples for Washington. The next meeting of the team is scheduled for later in August. It is anticipated that the process will be complete by the end of the year and in place by the next racing season.
In the interim, the Washington State Patrol and the WSDOT has determined that bicycle races that are licensed by the United States Cycling Federation may be held on state highways in the state highways as long as the two agencies concur with, and approve the traffic control procedures that will be used in the event. Races that are held on local roadways such as county roads or city streets should work with those entities to make the necessary arrangements. The Baddlands Club of Spokane was advised that their Twilight Racing Series could continue based on the traffic control procedures that they described at the meeting.
All of the agencies and groups involved have agreed that safety of motorists and bicycle users is the key aspect in this issue and will work toward the goal of all types of vehicles sharing the transportation system.
Al Gilson
October
15, 1997
The people that Martha Jones works with at Sacred Heart Medical Center
have purchased a foot of the Centennial trail in memory of Cooper. It has been placed in
front of the condos, across from the Jundt Art Bldg. , copper steeple, on the
Gonzaga Campus. It is # 2992
October 15, 1997
The Jones family have put one of the yellow-green arm bands (from his memorial ride
in Cheney) on a bush by the medallion. If anyone would like a Cooper Jones armband ,
there are still many available. Call 509-456-0432 if interested. They are free.
November 26, 1997
I received word today that The Jones family has support for a mandatory helmet law for
children on bicycles from our new mayor, John Talbot. There is also much support
from local and state lawmakers.
The Baddlands Cycling Club also supports a mandatory helmet law. We would like to see it applied to adults also.
January 26, 1998
David and Martha Jones will be in Olympia on Wednesday, January 28, 1998 to testify in
support of The Cooper Jones Bicycle Pedestrian Safety Act in the Senate and the House.
You are asked to show your support of this very important bill by calling the legislative hot line number 1-800-562-6000. The bills are SB 622 and HB 2439.
The process is very simple: Call the hot lone and ask for your legistor's voice mail and then leave a message in support of this bill.
In a nutshell, the bill provides bicycle and motorist education to share the road. It also requires motorist's that are involved in serious or fatal accidents to be ewtested by the DMV.
FEB 15, 1998
The Republicans are trying to kill the Bike/Ped Safety Bill. If we can
pass this bill it will be the only bill the Bicycle Community has passed
in the last ten years.
The issue with the Rs is that it contains a tax (on retail bicycles to be
used to fund safety education). Bicyclists are willing to tax
themselves.
I have 1500 signatures from bicycle buyers at Bike Expo. We need to get
the message to the Rs that this is not a tax issue. Failing to vote for
this bill (or failing to let it come to the floor for a vote) is SAYING NO
TO SAFETY PARTICULARLY CHILDRENS SAFETY. It is not saying no to taxes.
Please call your legislator TODAY 1.800.562.6000! We have until Tues at 5 PM.
Support Sub House Bill 2439 & Sub Senate Bill 6222 --
The Cooper Jones Act.
Thank you!
Getting a letter to the editor of your paper on Monday or Tues could also
make a HUGE difference! Call your paper today.
MARCH 6, 1998
The Cooper Jones Act passed 48 to 0 in the Senate tonight.
About Wednesday of next week, the House will Concur with the Senate
passage of the bill & then it goes to the Governor.
Funding will come out of the Insurance Commissioner's Regulatory
Account, which is more than sufficient to cover the costs of the Cooper
Jones Act without requiring an increase in assessment of insurance
companies.
Duane Sommers is working on having the bill signing with Governor Locke in
Spokane
MARCH 6, 1998
The bill got out of the Senate yesterday unanimously. The
funding source
is still funding aurhtorized if appropriated from the Insurance
Commissioners Regulatory Budget. It does not impact the Commission.
They would still get whatever is appropriated to their budget. This is
funding above what the Commissioner would otherwise get. Infact, it will allow
her to raise the ceiling on what she gets. (Interestingly, as soon as the
insurance industry found out about that, they decided to lobby against
the bill. Fortunately, at that point they looked greedy and selfish and the
Senate would have nothing to do with them.) We don't know how much the
appropriation will be . Senator West promises $100,000 for the remainder
of the biennium
An amendment was added to the bill that changes the language about how
the money would be spent. I have not actually seen the amendment. Senator
Brown's office is sending it now and I will forward it to you all. I
think we will like it. It requires a report of recommendations back to the
Legislative Transportation Committee (things they can fund in the
future!) It still includes input from stakeholders. I talked to the Traffic
Safety Commission. They anticipate hiring someone. They also wanted to put me
and Mike Dornfeld and possibly a few others into the loop on hiring.
That made me very happy. We need a strong advocate within Traffic Safety
Commission.
What happens next?
The bill has until next Thursday to get out of House Concurrence.
Michael
doesn't foresee a problem but suggested letting our Reps know that we
support it. Appropriations also take place next week. That will be
Senator West's chance to prove to us that he supports the bill.
Then the bill goes to the Govs office to sign. It is worth a little bit
of
positive reenforcement to his office. The e-mail address is
governor.locke@governor.wa.gov An important part of the message to him
is
that this will not negatively impact the Insurance Commissioner's budget.
WE ARE ALMOST THERE FOLKS! Don't stop now. We're heading toward the
finish line. You're doing a great job!
Northwest Bicycle Federation (
NowBike)
nowbike@accessone.com
P.O. Box 2904
voice 206.224.9252
Seattle WA 98111
Fax 206.224.9254
2439-S.E AMS TRAN S5375.1{+ ESHB 2439 +} - S COMM AMD By
Committee on Transportation ADOPTED 3/5/98 Strike everything after the
enacting clause and insert the following: "{+ NEW SECTION. +} Sec. 1. This act may be
known and cited asthe Cooper Jones Act. Sec. 2. RCW 43.59.010 and 1967 ex.s. c 147 s 1 are
each amended to read as follows: {+ (1) +} The purpose of this chapter is to establish a
new agency of state government to be known as the Washington traffic safety commission.
The functions and purpose of this commission shall be to find solutions to the problems
that have been created as a result of the tremendous increase of motor vehicles on our
highways and the attendant traffic death and accident tolls; to plan and supervise
programs for the prevention of accidents on streets and highways including but not limited
to educational campaigns designed to reduce traffic accidents in cooperation with all
official and unofficial organizations interested in traffic safety; to coordinate the
activities at the state and local level in the development of state- wide and local
traffic safety programs; to promote a uniform enforcement of traffic safety laws and
establish standards for investigation and reporting of traffic accidents; to promote and
improve driver education; and to authorize the governor to perform all functions required
to be performed by him under the federal Highway Safety Act of 1966 (Public Law 89-564; 80
Stat. 731). {+ (2) The legislature finds and declares that bicycling and walking are
becoming increasingly popular in Washington as clean and efficient modes of
transportation, as recreational activities, and as organized sports. Future plans for the
state's transportation system will require increased access and safety for bicycles and
pedestrians on our common roadways, and federal transportation legislation and funding
programs have created strong incentives to implement these changes quickly. As a result,
many more people are likely to take up bicycling in Washington both as a leisure activity
and as a convenient, inexpensive form of transportation. Bicyclists are more vulnerable to
injury and accident than motorists, and should be as knowledgeable as possible about
traffic laws, be highly visible and predictable when riding in traffic, and be encouraged
to wear bicycle safety helmets. Hundreds of bicyclists and pedestrians are seriously
injured every year in accidents, and millions of dollars are spent on health care costs
associated with these accidents. There is clear evidence that organized training in the
rules and techniques of safe and effective cycling can significantly reduce the incidence
of serious injury and accidents, increase cooperation among road users, and significantly
increase the incidence of bicycle helmet use, particularly among minors. +} {+ NEW
SECTION. +} Sec. 3. A new section is added to chapter 43.59 RCW to read as follows: (1)
The Washington state traffic safety commission shall establish a program for improving
bicycle and pedestrian safety, and shall cooperate with the state criminal justice
training commission, bicycle federation of America, the league of American bicyclists,
state and local bicycling organizations, local governments, public school districts, or
other appropriate public and private organizations in developing and operating programs to
improve bicycle and pedestrian safety. (2) The commission shall prescribe minimum
qualifications for the grant recipients. (3) The commission will form an advisory group of
bicycle and pedestrian safety stakeholders to assist the director in:
(a) Establishing standards and criteria for traffic safety grants
and reviewing the merits of grant applications submitted; (b)
Determining the most effective programs available to improve bicycle and pedestrian
safety; and (c) Establishing state pedestrian and bicycle safety
goals and performance measures. (4) Upon successful completion of a safety training
program, participants will receive a bicycle or pedestrian safety education certificate
signed by an authorized instructor. The certificate is evidence of compliance with this
section. (5) State agencies, political subdivisions of the state, and nonprofit
organizations, including but not limited to bicycling groups and community and civic
organizations, are eligible for grant funds on a matching basis under the program
established in subsection (1) of this section. All entities receiving matching funds must
provide a regularly scheduled program complying with standards established by the traffic
safety commission. Bicycle organizations are encouraged to make donations to the matching
grant program. Sec. 4. RCW 48.02.190 and 1987 c 505 s 54 are each amended to read as
follows: (1) As used in this section: (a) "Organization" means every insurer, as
defined in RCW 48.01.050, having a certificate of authority to do business in this state
and every health care service contractor registered to do business in this state.
"Class one" organizations shall consist of all insurers as defined in RCW
48.01.050. "Class two" organizations shall consist of all organizations
registered under provisions of chapter 48.44 RCW. (b) "Receipts" means (i) net
direct premiums consisting of direct gross premiums, as defined in RCW 48.18.170, paid for
insurance written or renewed upon risks or property resident, situated, or to be performed
in this state, less return premiums and premiums on policies not taken, dividends paid or
credited to policyholders on direct business, and premiums received from policies or
contracts issued in connection with qualified plans as defined in RCW 48.14.021, and (ii)
prepayments to health care service contractors as set forth in RCW 48.44.010(3) less
experience rating credits, dividends, prepayments returned to subscribers, and payments
for contracts not taken. (2) The annual cost of operating the office of insurance
commissioner shall be determined by legislative appropriation. A pro rata share of the
cost shall be charged to all organizations. Each class of organization shall contribute
sufficient in fees to the insurance commissioner's regulatory account to pay the
reasonablecosts, including overhead, of regulating that class of organization. (3) Fees
charged shall be calculated separately for each class of organization. The fee charged
each organization shall be that portion of the cost of operating the insurance
commissioner's office, for that class of organization, for the ensuing fiscal year that is
represented by the organization's portion of the receipts collected or received by all
organizations within that class on business in this state during the previous calendar
year: PROVIDED, That the fee shall not exceed one-eighth of one percent of receipts:
PROVIDED FURTHER, That the minimum fee shall be one thousand dollars. (4) The commissioner
shall annually, on or before June 1, calculate and bill each organization for the amount
of its fee. Fees shall be due and payable no later than June 15 of each year: PROVIDED,
That if the necessary financial records are not available or if the amount of the
legislative appropriation is not determined in time to carry out such calculations and
bill such fees within the time specified, the commissioner may use the fee factors for the
prior year as the basis for the fees and, if necessary, the commissioner may impose
supplemental fees to fully and properly charge the organizations. The penalties for
failure to pay fees when due shall be the same as the penalties for failure to pay taxes
pursuant to RCW 48.14.060. The fees required by this section are in addition to all other
taxes and fees now imposed or that may be subsequently imposed. (5) All moneys collected
shall be deposited in the insurance commissioner's regulatory account in the state
treasury which is hereby created. (6) {+ Appropriations may be made from the insurance
commissioner's regulatory account for the purposes of bicycle and pedestrian safety
programs under section 3 of this act. (7) +} Unexpended funds in the insurance
commissioner's regulatory account at the close of a fiscal year shall be carried forward
in the insurance commissioner's regulatory account to the succeeding fiscal year and shall
be used to reduce future fees. {+ NEW SECTION. +} Sec. 5. A new section is added to
chapter43.59 RCW to read as follows: The traffic safety commission, acting jointly with
the department of licensing and the superintendent of public instruction, shall develop a
curriculum for bicycle safety education. The commission may develop a video presentation
to accompany this curriculum. {+ NEW SECTION. +} Sec. 6. A new section is added to chapter
46.20 RCW to read as follows: The department of licensing shall incorporate a section on
bicycle safety and sharing the road into its instructional publications for drivers and
shall include questions in the written portion of the driver's license examination on
bicycle safety and sharing the road with bicycles. Sec. 7. RCW 46.20.095 and 1986 c 93 s 3
are each amended to readas follows: The department shall include information on the proper
use of the left-hand lane {+ by motor vehicles +} on multilane highways {+ and on
bicyclists' and pedestrians' rights and responsibilities +} in its instructional
publications for drivers. Sec. 8. RCW 46.82.430 and 1986 c 93 s 5 are each amended to read
as follows: Instructional material used in driver training schools shall include
information on the proper use of the left-hand lane {+ by motor vehicles +} on multilane
highways {+ and on bicyclists' and pedestrians' rights and responsibilities and suggested
ridingprocedures in common traffic situations +}. Sec. 9. RCW 46.83.040 and 1961 c 12 s
46.83.040 are each amended to read as follows: It shall be the purpose of every traffic
school which may be established hereunder to instruct, educate, and inform all persons
appearing for training in the proper, lawful, and safe operation of motor vehicles,
including but not limited to rules of the road and the limitations of persons, vehicles,
{+ and bicycles +} and roads, streets{+ , +} and highways under varying conditions and
circumstances. Sec. 10. RCW 46.52.070 and 1967 c 32 s 57 are each amended to readas
follows: {+ (1) +} Any police officer of the state of Washington or of any county, city,
town or other political subdivision, present at the scene of any accident or in possession
of any facts concerning any accident whether by way of official investigation or otherwise
shall make report thereof in the same manner as required of the parties to such accident
and as fully as the facts in his possession concerning such accident will permit. {+ (2)
The police officer shall report to the department, on a form prescribed by the director:
(a) When an accident has occurred that results in a fatality or serious injury; (b) the
identity of the operator of a vehicle involved in the accident when the officer has
reasonable grounds to believe the operator who caused the fatality or serious injury may
not be competent to operate a motor vehicle; and (c) the reason or reasons for such
belief. +} Sec. 11. RCW 46.52.100 and 1995 c 219 s 3 are each amended to readas follows:
Every district court, municipal court, and clerk of superior court shall keep or cause to
be kept a record of every traffic complaint, traffic citation, notice of infraction, or
other legal form of traffic charge deposited with or presented to the court or a traffic
violations bureau, and shall keep a record of every official action by the court or its
traffic violations bureau in reference thereto, including butnot limited to a record of
every conviction, forfeiture of bail, judgment of acquittal, finding that a traffic
infraction has been committed, dismissal of a notice of infraction, and the amount of
fine, forfeiture, or penalty resulting from every traffic complaint, citation, or notice
of infraction deposited with or presented to the district court, municipal court, superior
court, or traffic violations bureau. The Monday following the conviction, forfeiture of
bail, or finding that a traffic infraction was committed for violation of any provisions
of this chapter or other law regulating the operating of vehicles on highways, every
magistrate of the court or clerk of the court of record in which such conviction was had,
bail was forfeited, or the finding made shall prepare and immediately forward to the
director of licensingat Olympia an abstract of the record of the court covering the case,
which abstract must be certified by the person so required to prepare the same to be true
and correct. Report need not be made of any finding involving the illegal parking or
standing of a vehicle. The abstract must be made upon a form or forms furnished by the
director and shall include the name and address of the party charged, the number, if any,
of the party's driver's or chauffeur's license, the registration number of the vehicle
involved if required by thedirector, the nature of the offense, the date of hearing, the
plea, the judgment, whether the offense was an alcohol-related offense as defined in RCW
46.01.260(2), {+ whether the incident that gave rise to the offense charged resulted in
any fatality, +} whether bail forfeited,whether the determination that a traffic
infraction was committed was contested, and the amount of the fine, forfeiture, or penalty
as the case may be. Every court of record shall also forward a like report to the director
upon the conviction of any person of a felony in the commission of which a vehicle was
used. The failure of any such judicial officer to comply with any of the requirements of
this section shall constitute misconduct in office and shall be grounds for removal
therefrom. The director shall keep all abstracts received hereunder at the director's
office in Olympia and the same shall be open to public inspection during reasonable
business hours. Venue in all district courts shall be before one of the two nearest
district judges in incorporated cities and towns nearest to the point the violation
allegedly occurred: PROVIDED, That in counties with populations of one hundred twenty-five
thousand or more such cases may be tried in the county seat at the request of the
defendant. It shall be the duty of the officer, prosecuting attorney, or city attorney
signing the charge or information in any case involving a charge of driving under the
influence of intoxicating liquor or any drug immediately to make request to the director
for an abstract of convictions and forfeitures which the director shall furnish. Sec. 12.
RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows: (1) The director
shall keep a case record on every motor vehicle driver licensed under the laws of this
state, together with information on each driver, showing all the convictions and findings
of traffic infractions certified by the courts, together with an index cross- reference
record of each accident reported relating to such individual with a brief statement of the
cause of the accident {+ and whether or not the accident resulted in any fatality +}. The
chief of theWashington state patrol shall furnish the index cross-reference record to the
director, with reference to each driver involved in the reported accidents. (2) The
records shall be for the confidential use of the director, the chief of the Washington
state patrol, the director of the Washington traffic safety commission, and for such
police officers or other cognizant public officials as may be designated by law. Such case
records shall not be offered as evidence in any court except in case appeal is taken from
the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's
license. (3) The director shall tabulate and analyze vehicle driver's case records and
suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is
deemed from facts contained in the case record of such person that it is for the best
interest of public safetythat such person be denied the privilege of operating a motor
vehicle. {+ The director shall also suspend a person's driver's license if the person
fails to attend or complete a driver improvement interview or fails to abide by conditions
of probation under RCW 46.20.335. +} Whenever the director orders the vehicle driver's
license of any such person suspended, revoked, or canceled, or refuses the issuance of a
vehicle driver's license, such suspension, revocation, cancellation, or refusal is final
and effective unless appeal from the decision of thedirector is taken as provided by law.
Sec. 13. RCW 46.52.130 and 1997 c 66 s 12 are each amended to read as follows: A certified
abstract of the driving record shall be furnished only to the individual named in the
abstract, an employer or prospective employer or an agent acting on behalf of an employer
or prospective employer, the insurance carrier that has insurance in effect coveringthe
employer or a prospective employer, the insurance carrier that has insurance in effect
covering the named individual, the insurance carrier to which the named individual has
applied, an alcohol/drug assessment or treatment agency approved by the department of
social and health services, to which the named individual has applied or been assigned for
evaluation or treatment, or city and county prosecuting attorneys. City attorneys and
county prosecuting attorneys may provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and health services to which the
named individual has applied or been assigned for evaluation or treatment. The director,
upon proper request, shall furnish a certified abstract covering the period of not more
than the last three years to insurance companies. Upon proper request, the director shall
furnish a certified abstract covering a period of not more than the last five years to
state approved alcohol/drug assessment or treatment agencies, except that the certified
abstract shall also include records of alcohol-related offenses as defined in RCW
46.01.260(2) covering aperiod of not more than the last ten years. Upon proper request, a
certified abstract of the full driving record maintained by thedepartment shall be
furnished to a city or county prosecuting attorney, to the individual named in the
abstract or to an employer or prospective employer or an agent acting on behalf of an
employer or prospective employer of the named individual. The abstract, whenever possible,
shall include an enumeration of motor vehicle accidents inwhich the person was driving;
the total number of vehicles involved; whether the vehicles were legally parked or moving;
whether the vehicles were occupied at the time of the accident; {+ whether the accident
resulted in any fatality; +} any reported convictions,forfeitures of bail, or findings
that an infraction was committed based upon a violation of any motor vehicle law; and the
status of the person's driving privilege in this state. The enumeration shall include any
reports of failure to appear in response to a traffic citation or failure to respond to a
notice of infraction served upon the named individual by an arresting officer. Certified
abstracts furnished to prosecutors and alcohol/drug assessment or treatmentagencies shall
also indicate whether a recorded violation is an alcohol-related offense as defined in RCW
46.01.260(2) that was originally charged as one of the alcohol-related offenses designated
in RCW 46.01.260(2)(b)(i). The abstract provided to the insurance company shall exclude
any information, except that related to the commission of misdemeanors or felonies by the
individual, pertaining to law enforcement officers or fire fighters as defined in RCW
41.26.030, or any officer of theWashington state patrol, while driving official vehicles
in the performance of occupational duty. The abstract provided to the insurance company
shall include convictions for RCW 46.61.5249 and 46.61.525 except that the abstract shall
report them only as negligentdriving without reference to whether they are for first or
second degree negligent driving. The abstract provided to the insurance company shall
exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed
from a deferred prosecution underRCW 10.05.090, the abstract shall show the deferred
prosecution as well as the removal. The director shall collect for each abstract the sum
of four dollars and fifty cents which shall be deposited in the highway safety fund. Any
insurance company or its agent receiving the certified abstract shall use it exclusively
for its own underwriting purposes and shall not divulge any of the information contained
in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or
have therate increased on the basis of such information unless the policyholder was
determined to be at fault. No insurance company or its agent for underwriting purposes
relating to the operation of commercial motor vehicles may use any information contained
in the abstract relative to any person's operation of motor vehicles while not engaged in
such employment, nor may any insurance company or its agent for underwriting purposes
relating to the operation of noncommercial motor vehicles use any information contained in
the abstract relative to any person's operation of commercial motor vehicles. Any employer
or prospective employer or an agent acting on behalf of an employer or prospective
employer receiving the certified abstract shall use it exclusively for his or her own
purpose to determine whether the licensee should be permitted to operate a
commercialvehicle or school bus upon the public highways of this state and shall not
divulge any information contained in it to a third party. Any alcohol/drug assessment or
treatment agency approved by the department of social and health services receiving the
certified abstract shall use it exclusively for the purpose of assisting its employees in
making a determination as to what level of treatment, if any, is appropriate. The agency,
or any of its employees, shall not divulge any information contained in the abstract to a
third party. Release of a certified abstract of the driving record of an employee or
prospective employee requires a statement signed by: (1) The employee or prospective
employee that authorizes the release of the record, and (2) the employer attesting that
the information isnecessary to determine whether the licensee should be employed to
operate a commercial vehicle or school bus upon the public highways of this state. If the
employer or prospective employer authorizes anagent to obtain this information on their
behalf, this must be noted inthe statement. Any violation of this section is a gross
misdemeanor. Sec. 14. RCW 46.20.291 and 1997 c 58 s 806 are each amended to read as
follows: The department is authorized to suspend the license of a driver upon a showing by
its records or other sufficient evidence that the licensee: (1) Has committed an offense
for which mandatory revocation or suspension of license is provided by law; (2) Has, by
reckless or unlawful operation of a motor vehicle, caused or contributed to an accident
resulting in death or injury to any person or serious property damage; (3) Has been
convicted of offenses against traffic regulations governing the movement of vehicles, or
found to have committed traffic infractions, with such frequency as to indicate a
disrespect for traffic laws or a disregard for the safety of other persons on the
highways; (4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); (5) Has
failed to respond to a notice of traffic infraction, failed to appear at a requested
hearing, violated a written promise to appear in court, or has failed to comply with the
terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; (6) {+
Is subject to suspension under RCW 46.20.305; (7) +} Has committed one of the prohibited
practices relating to drivers' licenses defined in RCW 46.20.336; or (({- (7) -})) {+ (8)
+} Has been certified by the department of social and health services as a person who is
not in compliance with a child support order or a residential or visitation order as
provided in RCW 74.20A.320. Sec. 15. RCW 46.20.305 and 1965 ex.s. c 121 s 26 are each
amendedto read as follows: {+ (1) +} The department, having good cause to believe that a
licensed driver is incompetent or otherwise not qualified to be licensed may upon notice
require him {+ or her +} to submit to an examination. {+ (2) The department shall require
a driver reported under RCW 46.52.070(2), when a fatality occurred, to submit to an
examination. The examination must be completed no later than one hundred twenty days after
the accident report required under RCW 46.52.070(2) is received by the department unless
the department, at the request of theoperator, extends the time for examination. (3) The
department may require a driver reported under RCW 46.52.070(2) to submit to an
examination, or suspend the person's license subject to RCW 46.20.322, when a serious
injury occurred. The examination must be completed no later than one hundred twenty
daysafter the accident report required under RCW 46.52.070(2) is received by the
department. +} {+ (4) +} The department may in addition {+ to an examination under this
section +} require such person to obtain a certificate showing his {+ or her +} condition
signed by a licensed physician or other proper authority designated by the department. {+
(5) +} Upon the conclusion of (({- such -})) {+ an +} examination {+ under this section +}
the department shall take driver improvement action as may be appropriate and may suspend
or revoke the license of such person or permit him {+ or her +} to retain such license, or
may issue a license subject to restrictions as permitted under RCW 46.20.041. The
department may suspend or revoke the license of such person who refuses or neglects to
submit to such examination. {+ (6) The department may require payment of a fee by a person
subject to examination under this section. The department shall set the fee in an amount
that is sufficient to cover the additional cost of administering examinations required by
this section. +} {+ NEW SECTION. +} Sec. 16. The department of licensing may adopt rules
as necessary to implement this act. {+ NEW SECTION. +} Sec. 17. Sections 10 through 16 of
this act take effect January 1, 1999. Sec. 18. RCW 46.37.280 and 1987 c 330 s 713 are each
amended to read as follows: (1) During the times specified in RCW 46.37.020, any lighted
lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps,
auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, warning lamps
authorized by the state patrol and schoolbus warning lamps, which projects a beam of light
of an intensitygreater than three hundred candlepower shall be so directed that no part of
the high intensity portion of the beam will strike the level of the roadway on which the
vehicle stands at a distance of more thanseventy-five feet from the vehicle. (2) Except as
required in RCW 46.37.190 no person shall drive or move any vehicle or equipment upon any
highway with any lamp or device thereon displaying a red light visible from directly in
front of the center thereof. (3) Flashing lights are prohibited except as required in RCW
46.37.190, 46.37.200, 46.37.210, 46.37.215, and 46.37.300, (({- and - })) warning lamps
authorized by the state patrol{+ , and light-emitting diode flashing taillights on
bicycles +}. Sec. 19. RCW 46.61.780 and 1987 c 330 s 746 are each amended to read as
follows: (1) Every bicycle when in use during the hours of darkness as defined in RCW
46.37.020 shall be equipped with a lamp on the front which shall emit a white light
visible from a distance of at least five hundred feet to the front and with a red
reflector on the rear of a type approved by the state patrol which shall be visible from
all distances (({- from one hundred feet -})) {+ up +} to six hundred feet to the rear
when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp
emitting a red light visible from a distance of five hundred feet to the rear may be used
in addition to the red reflector. {+ A light-emitting diode flashing taillight visible
from a distance of five hundred feet to the rear may also be used in addition to the red
reflector. +} (2) Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean pavement."{+ ESHB 2439
+} - S COMM AMD By Committee on Transportation ADOPTED 3/5/98 In line 1 of the title,
after "education;" strike the remainder ofthe title and insert "amending
RCW 43.59.010, 48.02.190, 46.20.095,46.82.430, 46.83.040, 46.52.070, 46.52.100, 46.52.120,
46.52.130,46.20.291, 46.20.305, 46.37.280, and 46.61.780; adding new sections tochapter
43.59 RCW; adding a new section to chapter 46.20 RCW; creatingnew sections; prescribing
penalties; and providing an effective date."
| COOPER JONES GRANTSDRAFT DRAFT Washington State Application for Cooper Jones Bicycle and Pedestrian Safety Grants
Cooper Jones Bicycle and Pedestrian Safety Project Grant Application Process The Washington Traffic Safety Commission is accepting grant applications to fund bicycle and pedestrian safety projects to be conducted during Washington State fiscal year 1999, from July 1, 1998 through June 30, 1999. It is very important to note that these funds must be spent by June 30, 1999.There is no lower or upper limit to project awards.
GUIDELINES FOR GRANT APPLICATIONS We are soliciting projects that increase bicycle and pedestrian safety and access to bicycle and pedestrian safety education across a very broad spectrum. Priority will be given to funding projects that address goals and priority areas/populations identified in this application packet.
Who is eligible to apply?
What can be funded? Funds given to a grantee are on a "cost reimbursement" basis. For instance, if a non-profit receives a grant to purchase some equipment, the non-profit will first make the purchase then be reimbursed by the WTSC. Although not an all-inclusive list, below are some examples of what we can or cannot fund under this grant process. Projects will be based on safety education; all costs must be directly linked to bicycle and/or pedestrian safety.
Examples of allowable costs:
Examples of unallowable costs:
How do I apply? Complete the attached grant application form (you must use this form). If you need additional room, you can attach no more than one extra two-sided page. Make sure you type or write legibly. If we need additional information, we will contact you.
Where and When Must Applications Be Submitted? Mail your application to the address shown on the Grant Application Form to be received no later than May 14th, 1999. Final funding decisions will be made and applicants notified by May 24th, 1999. Submissions via e-mail are acceptable as long as the standard form is used. 2. Goals and Priorities Grant requests to fund traffic safety education projects must relate directly to the Cooper Jones Bicycle and Pedestrian Safety Education Committee primary and supporting goals listed below.
Primary Goal:
Supporting Goals:
3. Cooper Jones Bicycle and Pedestrian Safety Project Grant Application Form This form must be used to apply for this grant. Name_______________________________Phone ( )_________ Agency/Organization____________________________________ Address_______________________________________________
narrative description, including data demonstrating existing problem.
B. Description of proposed safety program. Program Objectives: How will this project address the bicycle and/or pedestrian safety goals and/or priority areas? What do you want to accomplish? Program Activities & Tasks: What activities will you undertake to reach your objectives?
Program Evaluation Plan:
Deadline for Grant Applications is May 14, 1999! Successful applicants must spend funds by June 30, 1999. Mail: Complete this form and mail to
Grant applications that do not follow the form provided, are not complete, are received after the deadline or exceed the length limit of the grant application form plus a maximum of one optional additional 2-sided page will not be considered. |
| Space for Bicyclists (Insert this section
after the introductory Sharing Space and before the Space Ahead
section.) The safety of bicycle riders is a responsibility shared by both motorists and cyclists. Bicyclists are not out of place on the roadway - they are part of the traffic and share the road with other drivers. Every bicycle rider has the same rights, duties and responsibilities of a motor vehicle driver. Motorists and riders who don’t obey traffic laws can be ticketed. All persons who use public roads must understand state traffic laws and use safe driving habits.
Sharing the Road with Bicyclists - Over 39,000 bicyclists are killed or injured in the United States every year. If motorists and cyclists understand and obey the following state laws it will help to make the roads safer for everyone:
In addition to state law, the following safety tips will help motorists and cyclists prevent injuries and collisions.
|
| April 10, 2001
Subject: Traffic-Safety Bill Passes Judiciary Committee;
E-mails Needed to All House Members!
Friends:
Many thanks to everyone who sent
messages to the House Judiciary Committee members asking them to
support the Hurst-Esser amendment to SB 5790. The
committee passed a version of SB 5790 with the key language intact!
New Action Needed:
Please contact the House members from your
district and let them know you strongly support the
version of SB 5790 passed by the House Judiciary Committee. Messages
to House Rules Committee members are particularly important.
This version of SB 5790 is supported by
the State Prosecutors Association, WA State Patrol, the Police
Chiefs Association, and the Bicycle Alliance of Washington.
The bill gives prosecutors the tools they need to begin to curb
aggressive driving, and will benefit bicyclists and pedestrians.
The bill contains three important elements supported by the Bike
Alliance:
SB 5790 could begin to close the
serious gap in Washington's traffic-safety laws, help deter
dangerous and aggressive driving, and provide appropriate criminal
penalties for motorists whose actions severely harm others. Remember...under
current law many instances of dangerous driving that result in
severe injuries or death to others may be punished by a $250
non-criminal traffic ticket!
Contacting House Members
If you know who your representatives
are or which district you live in, go to
http://www.leg.wa.gov/house/members/email
If you don't know this information,
call the Legislative Hotline at 1.800.562.6000 to
find out who your legislators are.
Rules Committee Members:
Frank Chopp (co-chair), chopp_fr@leg.wa.gov
Clyde Ballard (co-chair), ballard_cl@leg.wa.gov
Bill Grant, grant_wi@leg.wa.gov
Jim Buck, buck_ji@leg.wa.gov
Kathy Haigh, haigh_ka@leg.wa.gov
Roger Bush, bush_ro@leg.wa.gov
Chris Hurst, hurst_ch@leg.wa.gov
Shirley Hankins, hankins_sh@leg.wa.gov
Lynn Kessler, kessler_ly@leg.wa.gov
Kathy Lambert, lambert_ka@leg.wa.gov
Steve Kirby, kirby_st@leg.wa.gov
Barb Lisk, lisk_ba@leg.wa.gov
Val Ogden, ogden_va@leg.wa.gov
Dave Mastin, mastin_da@leg.wa.gov
Erik Poulsen, poulsen_er@leg.wa.gov
John Pennington, penningt_jo@leg.wa.gov
Aaron Reardon, reardon_aa@leg.wa.gov
Mark Schoesler, schoesle_ma@leg.wa.gov
Bev Woods, woods_be@leg.wa.gov
********
Bicycle Alliance of Washington PO Box 2904 Seattle, WA 98111 206/224-9252 http://www.bicyclealliance.org
|
| May 2001
Good news! SB 5790, the Traffic
Safety bill supported by the Bicycle Alliance of Washington passed
the full House late last week. The bill was returned to the
Senate for their concurrence and it was passed today. The bill
now goes to the Governor for signature.
This bill will help curb aggressive
and careless driving by making it easier for prosecutors to obtain a
vehicular assault conviction. It lowers the degree of injury
to "substantial bodily harm" (temporary but substantial
disfigurement, temporary but substantial loss or impairment of the
function of any body part or organ, or a fracture of any body part).
It will also allow prosecution of motorists who drive with
"disregard for the safety of others" rather than driving
recklessly, which is a higher standard to prove.
Many thanks to all of you who
contacted your legislators and asked them to support this bill!
We could not have accomplished this without you!
********
Bicycle Alliance of Washington PO Box 2904 Seattle, WA 98111 206/224-9252 http://www.bicyclealliance.org
|