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	<title>Comments on: Thoughts on the stop sign/yield sign debate</title>
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	<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/</link>
	<description>Because Every Bicyclist Needs a Good Lawyer.</description>
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		<title>By: Arizona Bike Law Blog &#187; Blog Archive &#187; Why I support "Bikes safe at stop signs"</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3523</link>
		<dc:creator>Arizona Bike Law Blog &#187; Blog Archive &#187; Why I support "Bikes safe at stop signs"</dc:creator>
		<pubDate>Tue, 24 Feb 2009 23:36:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3523</guid>
		<description>[...] As might be expected, this proposal is quite controversial, see e.g. the discussion over at tucsonbikelawyer.com, here, here, and here. [...]</description>
		<content:encoded><![CDATA[<p>[...] As might be expected, this proposal is quite controversial, see e.g. the discussion over at tucsonbikelawyer.com, here, here, and here. [...]</p>
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		<title>By: buttercup</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3444</link>
		<dc:creator>buttercup</dc:creator>
		<pubDate>Wed, 18 Feb 2009 19:58:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3444</guid>
		<description>I have never heard a description of cycling that sounds more unpleasant. While I understand the writer&#039;s intent, it makes cycling sound so unappealing.

I haven&#039;t driven a car in more than 25 years. When I did drive, I remember feeling like I was riding around in an iron maiden with small windows. I hope I never have to drive, unless I get a version of the pope-mobile.

I live near one of the weirdest intersections in town - Stone and University. Every single day cars take extreme advantage of traffic law there. Left turns on red lights are daily occurrences. What makes cars do that in this intersection and not in others? I am surprised that no one has been killed at this intersection. I have been hit by another cyclist at this intersection.</description>
		<content:encoded><![CDATA[<p>I have never heard a description of cycling that sounds more unpleasant. While I understand the writer&#8217;s intent, it makes cycling sound so unappealing.</p>
<p>I haven&#8217;t driven a car in more than 25 years. When I did drive, I remember feeling like I was riding around in an iron maiden with small windows. I hope I never have to drive, unless I get a version of the pope-mobile.</p>
<p>I live near one of the weirdest intersections in town &#8211; Stone and University. Every single day cars take extreme advantage of traffic law there. Left turns on red lights are daily occurrences. What makes cars do that in this intersection and not in others? I am surprised that no one has been killed at this intersection. I have been hit by another cyclist at this intersection.</p>
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		<title>By: &#187; Blog Archive &#187; physics, bikes, and stop signs</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3443</link>
		<dc:creator>&#187; Blog Archive &#187; physics, bikes, and stop signs</dc:creator>
		<pubDate>Wed, 18 Feb 2009 19:49:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3443</guid>
		<description>[...] Tucson Bike Lawyer has some great commentary regarding an article on the physics behind the trouble cyclists have with stop signs. Here is a bit from the original article and some commentary from TBL below&#8230;and comments from me below that. Bicyclists can work only so hard. The average commuting rider is unlikely to produce more than 100 watts of propulsion power, or about what it takes to power a re a d i n g lamp. At 100 watts, the average cyclist can travel about 12.5 miles per hour on the level. When necessary, a serious cyclist can generate far more power than that (up to perhaps 500 watts for a racing cyclist, equivalent to the amount used by a stove burner on low). But even if a commuter cyclist could produce more than a 100 watts, she is unlikely to do so because this would force her to sweat heavily, which is a problem for any cyclist without a place to shower at work. [...]</description>
		<content:encoded><![CDATA[<p>[...] Tucson Bike Lawyer has some great commentary regarding an article on the physics behind the trouble cyclists have with stop signs. Here is a bit from the original article and some commentary from TBL below&#8230;and comments from me below that. Bicyclists can work only so hard. The average commuting rider is unlikely to produce more than 100 watts of propulsion power, or about what it takes to power a re a d i n g lamp. At 100 watts, the average cyclist can travel about 12.5 miles per hour on the level. When necessary, a serious cyclist can generate far more power than that (up to perhaps 500 watts for a racing cyclist, equivalent to the amount used by a stove burner on low). But even if a commuter cyclist could produce more than a 100 watts, she is unlikely to do so because this would force her to sweat heavily, which is a problem for any cyclist without a place to shower at work. [...]</p>
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		<title>By: Coghauler</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3422</link>
		<dc:creator>Coghauler</dc:creator>
		<pubDate>Tue, 17 Feb 2009 23:08:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3422</guid>
		<description>Well, what exists just exists
whether one takes it personally
or not. The obtrusive stand out...the
courteous fade into the crowd. We
don&#039;t need to form an opinion on
things that suit us, whereas an
affront begets an instant bias.
What changes the most with the new rule?
Drivers will be a long time until
knowing &quot;these bikers are &#039;blowing&#039; the
stop signs&quot; legally.</description>
		<content:encoded><![CDATA[<p>Well, what exists just exists<br />
whether one takes it personally<br />
or not. The obtrusive stand out&#8230;the<br />
courteous fade into the crowd. We<br />
don&#8217;t need to form an opinion on<br />
things that suit us, whereas an<br />
affront begets an instant bias.<br />
What changes the most with the new rule?<br />
Drivers will be a long time until<br />
knowing &#8220;these bikers are &#8216;blowing&#8217; the<br />
stop signs&#8221; legally.</p>
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		<title>By: Scott</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3421</link>
		<dc:creator>Scott</dc:creator>
		<pubDate>Tue, 17 Feb 2009 23:06:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3421</guid>
		<description>... and this legislation accomplishes nothing but to decriminalize the act of riding like a bunch of kids on toys, and further widens the public perception credibility gap  between our &quot;toys&quot; and the &quot;real vehicles.&quot;</description>
		<content:encoded><![CDATA[<p>&#8230; and this legislation accomplishes nothing but to decriminalize the act of riding like a bunch of kids on toys, and further widens the public perception credibility gap  between our &#8220;toys&#8221; and the &#8220;real vehicles.&#8221;</p>
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		<title>By: Scott</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3420</link>
		<dc:creator>Scott</dc:creator>
		<pubDate>Tue, 17 Feb 2009 23:02:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3420</guid>
		<description>&quot;Cavalier attitude of cyclist&quot; sounds pretty accurate, actually.  Based on personal observation on the 3rd St. bikeway in particular with lots of UA bike traffic, I&#039;d say less than one in twenty now stop for stop signs when there is no cross traffic, and probably at least a fourth blow off the sign even when there is cross traffic that has the right of way.  Just last Thursday morning I was just in front of at least a dozen riders approaching a 4-way stop on that route that had cars waiting on both sides of the cross street - as I braked to stop at the intersection I was nearly rear-ended as the whole group, apparently surprised that anyone on a bike might actually obey the law, streamed around me to blow off the sign in spite of the fact that the two cars had the right of way.  The people in the &quot;real vehicles&quot; are never going to take us seriously as traffic as long as we keep riding like a bunch of kids on toys.</description>
		<content:encoded><![CDATA[<p>&#8220;Cavalier attitude of cyclist&#8221; sounds pretty accurate, actually.  Based on personal observation on the 3rd St. bikeway in particular with lots of UA bike traffic, I&#8217;d say less than one in twenty now stop for stop signs when there is no cross traffic, and probably at least a fourth blow off the sign even when there is cross traffic that has the right of way.  Just last Thursday morning I was just in front of at least a dozen riders approaching a 4-way stop on that route that had cars waiting on both sides of the cross street &#8211; as I braked to stop at the intersection I was nearly rear-ended as the whole group, apparently surprised that anyone on a bike might actually obey the law, streamed around me to blow off the sign in spite of the fact that the two cars had the right of way.  The people in the &#8220;real vehicles&#8221; are never going to take us seriously as traffic as long as we keep riding like a bunch of kids on toys.</p>
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		<title>By: none</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3416</link>
		<dc:creator>none</dc:creator>
		<pubDate>Tue, 17 Feb 2009 18:59:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3416</guid>
		<description>&quot;Cavalier attitude of cyclist&quot;
Convenient statement like lumping church goers with prisoners and expecting everyone to bring a potluck and get along. When it doesn&#039;t happen point out only the bad things and conclude with a bias for the whole group in question.</description>
		<content:encoded><![CDATA[<p>&#8220;Cavalier attitude of cyclist&#8221;<br />
Convenient statement like lumping church goers with prisoners and expecting everyone to bring a potluck and get along. When it doesn&#8217;t happen point out only the bad things and conclude with a bias for the whole group in question.</p>
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		<title>By: Coghauler</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3414</link>
		<dc:creator>Coghauler</dc:creator>
		<pubDate>Tue, 17 Feb 2009 18:26:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3414</guid>
		<description>Finding the quickest, shortest way to get
from point A to point B isn&#039;t particularly
a bicycle perspective - it is a car 
perspective. Sometimes riding a bicycle
isn&#039;t just about riding a bicycle. It is
difficult in our culture to maintain a 
broader focus on how the behaviors we
choose to employ represent the way we
wish to be. WHAT DID HE SAY?..Read it
again.
The BAC spent a good deal of time on this
proposed rule change in its last meeting
and was split on its benefits. Being
sensitive to any future legislation, it
was hesitant to reject the change even
though the reasons for rejection were
plausible. Cavalier attitude of cyclists at
intersections would very likely increase
and that image is something the BAC cannot
bring itself to endorse. Laws respresenting
the way things actually exist, however, only
seem to be in line with cyclists&#039; desire for
parity on the road, even if that means
different rules for various users. The BAC
could take no stand on this and that is a good
thing because how we use the roads is a work
in progress and as yet remains to be determined.</description>
		<content:encoded><![CDATA[<p>Finding the quickest, shortest way to get<br />
from point A to point B isn&#8217;t particularly<br />
a bicycle perspective &#8211; it is a car<br />
perspective. Sometimes riding a bicycle<br />
isn&#8217;t just about riding a bicycle. It is<br />
difficult in our culture to maintain a<br />
broader focus on how the behaviors we<br />
choose to employ represent the way we<br />
wish to be. WHAT DID HE SAY?..Read it<br />
again.<br />
The BAC spent a good deal of time on this<br />
proposed rule change in its last meeting<br />
and was split on its benefits. Being<br />
sensitive to any future legislation, it<br />
was hesitant to reject the change even<br />
though the reasons for rejection were<br />
plausible. Cavalier attitude of cyclists at<br />
intersections would very likely increase<br />
and that image is something the BAC cannot<br />
bring itself to endorse. Laws respresenting<br />
the way things actually exist, however, only<br />
seem to be in line with cyclists&#8217; desire for<br />
parity on the road, even if that means<br />
different rules for various users. The BAC<br />
could take no stand on this and that is a good<br />
thing because how we use the roads is a work<br />
in progress and as yet remains to be determined.</p>
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		<title>By: Ron Kearns</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3355</link>
		<dc:creator>Ron Kearns</dc:creator>
		<pubDate>Sat, 14 Feb 2009 16:29:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3355</guid>
		<description>&quot;...for bicyclists only: when approaching a bicycle yield sign (motor vehicle STOP sign) a bicyclist must slow to 5 miles per hour, which is approximately equivalent to a fast walking pace.&quot;

For specificity, the statement should read: slow to 5 miles per hour *or less*… or slow to a *maximum speed* of 5 miles per hour…or whatever is most unmistakable.</description>
		<content:encoded><![CDATA[<p>&#8220;&#8230;for bicyclists only: when approaching a bicycle yield sign (motor vehicle STOP sign) a bicyclist must slow to 5 miles per hour, which is approximately equivalent to a fast walking pace.&#8221;</p>
<p>For specificity, the statement should read: slow to 5 miles per hour *or less*… or slow to a *maximum speed* of 5 miles per hour…or whatever is most unmistakable.</p>
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		<title>By: Ron Kearns</title>
		<link>http://www.tucsonbikelawyer.com/thoughts-on-the-stop-signyield-sign-debate/comment-page-1/#comment-3347</link>
		<dc:creator>Ron Kearns</dc:creator>
		<pubDate>Sat, 14 Feb 2009 02:24:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.tucsonbikelawyer.com/?p=665#comment-3347</guid>
		<description>“The burden of proof is low enough in such situations that a somewhat credible allegation by a police officer reading his notepad will do the trick.”

Erik, would this not open the door to additional, potentially unjustified, and biased LEO indiscretions against bicyclists?  You and I both know that today’s LEOs can be the most abjectly dishonest people among any professional group. 

“C.  The driver of a vehicle approaching a yield sign and any person riding a bicycle approaching a yield sign or a stop sign shall slow down in obedience to the sign to a speed reasonable for the existing conditions and 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 the driver or bicycle rider is moving across or within the intersection. “

“ If after driving or riding past a yield sign or stop sign without stopping the driver or bicycle rider is involved in a collision with a vehicle in the intersection, the collision is prima facie evidence of the driver&#039;s or bicycle rider&#039;s failure to yield the right‑of‑way. END_STATUTE”

What concerns me most is that there is no real measure of wrongful actions until ‘after’ a collision occurs (prima facie evidence).  Is there no logical, legally binding language available to ‘gauge’ bicyclists’ noncompliance of yielding to another vehicle, pedestrian, or approaching an intersection at an acceptable rate of speed short of a potentially life-threatening accident?  As an attorney who has abundant experience in this area—both as a staunch bicyclist and one with a specialized legal practice—you, if anyone, could add to this proposed law’s clarity.

There will always be those bicyclists who would ruin freedoms for the majority by abusing this law.  If there was clarity with defining the elements of the law to negate some of the subjectiveness; e.g. slow down in obedience to the sign; and a speed reasonable for existing conditions, then people such as I would likely accept the proposed law.

Several of the bicycles I owned over the years had speedometers.  Sans a speedometer, is there a reasonable manner for an LEO located across an intersection or behind a bicyclist to estimate the speed of a bicycle, say, at 5 miles per hour?  Since stopping at a STOP sign is what a bicyclist dreads the most, why not set the approach speed at a measureable level of 5 miles per hour —by a speedometer if a bike was so equipped or from an estimated speed discernable by an LEO.  At least there is some metric for a reasonable and fair judgment.  As a former LEO, I see a requirement for such a speed guide for rendering an equitable and unbiased decision as to the intent of a bicyclist to either yield at a STOP sign or not.    

A fast walking speed is 5 miles per hour; after that, most people tend to jog.  So instead of writing a statue with statements such as slow down, reasonable speed, then state instead—for bicyclists only: when approaching a bicycle yield sign (motor vehicle STOP sign) a bicyclist must slow to 5 miles per hour, which is approximately equivalent to a fast walking pace.  With a reasonable and readily discernable measure, we would all know that “blowing through a stop sign,”—that is, literally running through it in pedestrian terms—was a clear violation of the Bike-Yield law.  

A rate of 5 miles per hour will give the bicyclist the full opportunity to survey the intersection safely.  A discernable, established speed would lessen the ire from motorists against abusing bicyclists if there is no limit whatsoever, or with varying speeds that are open to each bicyclist’s judgment of what is safe for him/her, and it would lessen the ability of LEOs to abuse their discretionary judgments of what constitutes a yield violation.  I would support the Bikes Safe Yield Act if it codified a 5 miles per hour speed requirement during a bicyclist’s approaching a vehicle STOP sign (Bike-Yield sign) and written in the appropriate and unequivocal legalese all vehicle operators can understand.  

Thank you for your discussion and reply.</description>
		<content:encoded><![CDATA[<p>“The burden of proof is low enough in such situations that a somewhat credible allegation by a police officer reading his notepad will do the trick.”</p>
<p>Erik, would this not open the door to additional, potentially unjustified, and biased LEO indiscretions against bicyclists?  You and I both know that today’s LEOs can be the most abjectly dishonest people among any professional group. </p>
<p>“C.  The driver of a vehicle approaching a yield sign and any person riding a bicycle approaching a yield sign or a stop sign shall slow down in obedience to the sign to a speed reasonable for the existing conditions and 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 the driver or bicycle rider is moving across or within the intersection. “</p>
<p>“ If after driving or riding past a yield sign or stop sign without stopping the driver or bicycle rider is involved in a collision with a vehicle in the intersection, the collision is prima facie evidence of the driver&#8217;s or bicycle rider&#8217;s failure to yield the right‑of‑way. END_STATUTE”</p>
<p>What concerns me most is that there is no real measure of wrongful actions until ‘after’ a collision occurs (prima facie evidence).  Is there no logical, legally binding language available to ‘gauge’ bicyclists’ noncompliance of yielding to another vehicle, pedestrian, or approaching an intersection at an acceptable rate of speed short of a potentially life-threatening accident?  As an attorney who has abundant experience in this area—both as a staunch bicyclist and one with a specialized legal practice—you, if anyone, could add to this proposed law’s clarity.</p>
<p>There will always be those bicyclists who would ruin freedoms for the majority by abusing this law.  If there was clarity with defining the elements of the law to negate some of the subjectiveness; e.g. slow down in obedience to the sign; and a speed reasonable for existing conditions, then people such as I would likely accept the proposed law.</p>
<p>Several of the bicycles I owned over the years had speedometers.  Sans a speedometer, is there a reasonable manner for an LEO located across an intersection or behind a bicyclist to estimate the speed of a bicycle, say, at 5 miles per hour?  Since stopping at a STOP sign is what a bicyclist dreads the most, why not set the approach speed at a measureable level of 5 miles per hour —by a speedometer if a bike was so equipped or from an estimated speed discernable by an LEO.  At least there is some metric for a reasonable and fair judgment.  As a former LEO, I see a requirement for such a speed guide for rendering an equitable and unbiased decision as to the intent of a bicyclist to either yield at a STOP sign or not.    </p>
<p>A fast walking speed is 5 miles per hour; after that, most people tend to jog.  So instead of writing a statue with statements such as slow down, reasonable speed, then state instead—for bicyclists only: when approaching a bicycle yield sign (motor vehicle STOP sign) a bicyclist must slow to 5 miles per hour, which is approximately equivalent to a fast walking pace.  With a reasonable and readily discernable measure, we would all know that “blowing through a stop sign,”—that is, literally running through it in pedestrian terms—was a clear violation of the Bike-Yield law.  </p>
<p>A rate of 5 miles per hour will give the bicyclist the full opportunity to survey the intersection safely.  A discernable, established speed would lessen the ire from motorists against abusing bicyclists if there is no limit whatsoever, or with varying speeds that are open to each bicyclist’s judgment of what is safe for him/her, and it would lessen the ability of LEOs to abuse their discretionary judgments of what constitutes a yield violation.  I would support the Bikes Safe Yield Act if it codified a 5 miles per hour speed requirement during a bicyclist’s approaching a vehicle STOP sign (Bike-Yield sign) and written in the appropriate and unequivocal legalese all vehicle operators can understand.  </p>
<p>Thank you for your discussion and reply.</p>
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