I am a CUNY student, bicyclist and resident in New York City. This dialogue is presented

Transcription

1 Ming Lin, Fair Treatment for Two Wheels I am a CUNY student, bicyclist and resident in New York City. This dialogue is presented as my real story and recommendation to improve the New York City traffic laws to provide fair, equal and safe treatment for bicyclists. I think that changing people s minds is a real solution for our social problems such as war, oil and environment. A good concept is an alternative way by riding bike. Erroneous ideas about danger lead to serious errors on the road as well as mistakes in traffic laws. (Ohio Bicycle Law Reforms) The New York City traffic law (passed in year 2002) No has problems such as unfair, unequal and unsafe treatment for bicyclists. The standpoint of equity, safety, and traffic flow is the correct and fundamental principle of transportation. My case is not capital punishment by the law, the law is not to kill people, but the cars can kill people. I like to share a Chinese old story. Thousands of years ago, a few peasants lived in a dangerous forest. There were a lot wild animals such as tigers and snakes etc.. One day, a traveler met one of them. He asked: Why do you live here? A peasant answered: The evil government and the unjust law are much harmful than tiger. Therefore, I present this dialogue to recommendation that bicyclists be permitted to ride on sidewalks with some exceptions for their safety. Most people agree that riding a bike is good, but when the law is unfair, people fear riding bikes on the streets. As a method of transportation, bicycling has remained popular for over a century. It is efficient, enjoyable, and healthful, and it also provides significant environmental benefits by reducing traffic congestion, noise, fuel consumption, and air pollution. If more people ride bikes, less people need oil. If people do not want to change their minds, such as, they love driving, so they need more and more oil which caused the war for oil, but that can not solve the conflict problem such as no - blood oil and driving big cars (needing more gas lion).

2 Federal transportation policy under the Inter-modal Surface Transportation Efficiency Act [1] now encourages alternative methods of transportation, and Federal and state air quality and congestion management mandates have made non-motorized modes especially attractive. Greater physical activity can also give a substantial contribution to public health. Last winter, on a very windy and cold night, I was riding my bike on the sidewalk of Queens Blvd. for just one block which was a short cut to home, but I got a ticket from a policeman. Since then, I fear car rage and police, so I thought the law needed to change. According to the article from T.A. Magazine, Queens Boulevard is a neighborhood street, not a highway, during the past 30 years, more than 300 pedestrians have been killed and 5000 seriously injured on the highway-like street called the human bowling alley. Bicyclists are lacking in protection similar to pedestrians. When I ride on the road, I fear speeding cars every time. Some states require motorists to pass cyclists at a safe speed and a distance, but this is not so in NYC. I thought I did not do any thing wrong and against the crime law so I went to a crime court in Queens. A judge asked me: Are you guilty or not? I was thinking I was not guilty so I was at the court. I answered: I am not guilty. The judge said: you will come next time to appear in another court. I had a lot reasons but I did not have any chance to appear at a court. Judge: Ming: Are you guilty or not? I am not guilty. J: What is your reason? M: Last month, on a very windy and cold night (-23F), I was riding my bike on the sidewalk of Queens Blvd. for just one block which was a short cut to home, but I got a ticket from the police. He said the ticket was $100. I am a poor student in

3 LaGuardia Community College. I feel I have right to ride the bike on the sidewalk. I do not know the law which states that no bikes can ride on sidewalks. J: The law was passed three months ago during last year. You must follow the law. M: Your Honor, who made the law? J: City council-persons. M: Are council-persons people? J: Yes, they are. M: Your Honor, are people perfect? J: No, they are not. M: Your Honor, can people make the perfect and non-changeable laws? J: No, the law is changeable. M: Your Honor, Do we follow the law by any conditions or exceptions? J: Yes, there are some conditions or exceptions. M: Your Honor, I ride on the road most time, even I fear speeding cars. That day was a very windy and cold night that means very bad conditions for outside people and dangerous for bicyclists. I was riding my bike on the sidewalk of Queens Blvd. for just one block which was a short cut to home for my safety and a policeman caught me. I explained to him my reasons: First, I did not know this law; then, I used the sidewalk just one block; finally it is for my safety and the weather was so bad and cars rage made the streets so dangerous. He said you can talk to the judge. I feel the law is unfair. The New York City traffic laws must provide fair, equal and safe treatment for bicyclists. This law is not conditional so it is not perfect. We have common sense so we can not obey any commands

4 which are made by other people. The universal laws or natural laws are higher. When I feel I will die by car rage, I will follow my feeling but I cannot obey the bad law. The law is for people but people are not for the law. Human s life is higher than any human s law. This law is only for downtown sidewalks but it is not for anywhere and anytime in New York City. J: Bad law is better than no law. Any law is a law so you should obey the law. M: Your honor, when the black slaves did not have any human rights, could they obey the law of slavery? If they came to the free world, could white people obey the law and punish them? I think this ticket is a big punishment to me. It is not right. You can imagine that in the very cold and windy night, nobody is on the sidewalk and all cars are speedy. A bicyclist rides a bike without any protection to fight the speedy wind, cold air and snowy road. That is a very danger situation for bicycling. What is human right? My safety is my human right. I did what for my right and did not hurt others, so why does the law punish me? Life or the law, which is more important? On the other hand, traffic laws exist to promote a safe and orderly traffic flow. The law, like traffic flow itself, should be simple, clear, and predictable for safety. Because bicyclists are an easily forgotten minority in an age when most people equate transportation with automobiles, because bicyclists are more vulnerable to injury than motorists, and because bicycling offers significant benefits to society at large, it is especially important for the law to treat bicyclists fairly. It does not do so today. In New York City, the law makers do not take care of bicyclists, because according to the New York City bicycle law NO. 116-A: This section was added to ensure that pedestrian safety

5 is not jeopardized by the operation of bicycles on sidewalks. The section prohibits the riding of a bicycle upon any sidewalk unless permitted by an official sign. The reason for this law is: The City of New York takes seriously the safety of all those individuals who use its sidewalks. It is for this reason that the City has a multitude of laws and rules relating to ensuring such safety, such as those relating to curbs, vaults and construction sites. Other examples include the bicycle law, which Proposed Int. No. 116-A, to be addressed later in this briefing paper and report, seeks to amend and strengthen, as well as laws and rules relating to the use of scooters, in-line skating, and simple mandatory provision for minimum sidewalk clearance for unobstructed pedestrian passage. I think the problem is not taken seriously the safety of all those bicyclists. I can show you the data which many bicyclists are killed by cars. Somebody call bicyclist organ donator. In fact, over half of all bicycle injuries and nearly 40% of bicycle fatalities in NY state occur in New York City. In 1983, 20 percent (20%) of all bicycle fatalities in the state occurred in New York City. This figure rose to 24 percent in 1984 and 31 percent in The statistics for the years 1993, 1994 and 1995 are shown in the table below. They represent an increase over the figures from This change is contrary to the downward trend (as noted above) in the statewide statistics. NUMBER OF NEW YORK CITY BICYCLE-RELATED FATALITIES & INJURIES Total Fatalities

6 Injuries 4,820 4,694 5,378 5,369 5,352 4,911 30,524 Percentage 33% 31.9% 39.2% 36.4% 40.8% 32.1% of Statewide Total: Fatalities Figures from were taken from the "New York Statewide Bicycle Advisory Council Report" which was published in Current figures are taken from New York State Department of Motor Vehicles Summary of Motor Vehicle Accidents (MV-144a). In the nation, there are 85 million bicycle riders. 800 bicyclists die every year, and about 540,000 bicyclists visit emergency rooms with injuries every year. Motor vehicles are involved in per cent of bicyclist deaths and 12 per cent of injuries on the roads. Sixty percent of bicycle deaths in 2000 occurred on major roads, and 32 percent occurred on local roads. J: You are right. Why do you think the law is unfair for bicyclists? M: Your honor, the bike laws cannot be implemented, be fulfilled and be followed, because it is too simple, as there are not any exceptions. New York is not a simple and small city. The real world is not black and white, so the laws cannot be made so simple like knife cutting (only yes or no). There are many different situations in New York City such as location (bumper to bumper slow traffic like downtown Time Square or highway-like street but less people use on sidewalks like Queens

7 Blvd.) and time (many people use the streets during rush hours or nobody use sidewalks on hot summer days or cold winter nights, but there are a lot of cars speeding). The reality is that sidewalk travel, by walking, cycling, scootering, inline skating or otherwise often constitutes the favored option of movement for many individuals in the City. Many people ride bikes on sidewalks, I do not see the police giving one of them a summon until the past two years, but they only gave me a ticket. Therefore, I think this law is unfair and un-perfect. J: How do you think bike- pedestrian collisions happen? M: Your honor, like other travelers, bicyclists want to reach their destinations safely, conveniently, and with minimum delay. Roadways are often indirect and disconnected such as many one ways in the city; they fail to serve the cyclist s destination; they may be poorly designed and maintained on the right side of road which are for bikes; and they are usually shared with cars and parking stuffs such as garbage truck carriages or cars. The roadway has less or none of these drawbacks. Although casual bicyclists greatly fear overtaking accidents, such accidents are a major cause of bike-car collisions can reduce, but no body died from bike- pedestrian collisions by my knowledge, and there are safety and traffic flow benefits to permitting them to ride there. I think you can show a good example case for all bike laws. Bicyclists must have latitude to use their own judgment in determining what is a safe road position, without fear of second-guessing by police officers or courts, because they are the ones who suffer the risk of error. Of course, a bicycle has all the rights and duties of a pedestrian when riding on a sidewalk or cross walk.

8 However, bicycles must yield to pedestrians with slow speed while riding in these areas. I think this is a point, but all bikes should not be banned from riding on the all sidewalks. J: I agree your reasons, but you must to pay $100. You can send your recommendation to the New York City council. I like to know what your recommendation is? M: Thank you very much. Your Honor, because bicycles are slow vehicles, localities cannot use their authority to prohibit certain vehicles from particular sidewalks as justification for banning bicycles. If localities were given this authority, they could easily discriminate against bicycles in safety, and exile bicycles to dangerous and inconvenient separated roadways (giving bicyclists safety as the justification). Because the law is not about safety, and it has no equality and no reality, so I recommend that the law must be changed. Like motorists, bicyclists require flexibility in reacting to traffic conditions. Every person operating a bicycle on the roadway, except under any of the situations listed below, can ride on the sidewalks: When the sidewalk is not used by people; When the sidewalk is crossed by a private road or driveway; When traveling on a one-way road; When overtaking and passing vehicles in the road; When necessity or emergency mandates the use of sidewalks. The law is not perfect, and motorists are not perfect; why do the officers treat bicyclists so seriously? I hope this bike law that can give cyclists fair, equal and

9 safe treatment.