Wednesday, June 17, 2009

Revised language of the "Quick Release Bill"

Here are the links to the revised draft language of the "Quick Release Bill" thanks to the NJ Bicycle and Pedestrian News Digest.

Revised draft language of the “Quick Release Bill”
State of New Jersey 213th Legislature • Thursday, June 4, 2009
http://tinyurl.com/lypjfy & http://tinyurl.com/nqf5qj

The key to the language is in this sentence:
It shall be an unlawful practice for any person to sell a bicycle with a front wheel diameter of 20 inches or less, which is equipped with a quick release wheel, exclusive of specialty adult bicycles.
While on the surface it sounds a lot less draconian than the first couple of drafts, I'm still somewhat leery of the term "specialty adult bicycle." I can see some civil litigation attorney trying to twist the meaning of this to include adult bicycles with small wheels (folders and recumbents come to mind) since it is possible for a child to ride one of these. Still the language is much better than before.

Also there is nothing in this draft that exempts the sale of used bicycles from private party sales as requested by one of the assemblymen who sit on the committee. This needs to be addressed!

Finally the fines of "not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense" are exceedingly high and have the potential to put most bike shops out of business the first time around (but could put a noticeable dent into a Big Box retailer). Particularly when you consider that drivers of cars are routinely given just a ticket for "Failing to Yield to a Pedestrian" (2 points, $120) after they kill pedestrians crossing legally in a crosswalk.

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