Interesting Statute of the Month - No Highway Off-ramps Near Schools

UPDATE! (2/2/10) - Zoe at the Tri-State Transportation Campaign commented below that this law is referred to as the "Terrell James' Law." I was curious about that and pulled up what I believe is the final bill language that created the statute below.

According to a NJDOT Press Release from February 7, 2006, the "Terrell James' Law" was (would be) named "in memory of an 8-year-old who was killed in a tragic 1997 accident that occurred on a Newark playground located between two highway ramps."
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I was doing some research again and I came across this interesting little tidbit. The law is only a little more than two years old but it is an interesting bit of legislation particularly for you folks concerned about Safe Routes to School issues. Also, if you follow the link below there is a bit more to this legislation than this one statute.

27:7-44.12 New entry or exit ramp, construction within 1,000 feet of school; prohibited; exceptions.

4. a. A new entry or exit ramp shall not be constructed as part of a highway project if a school is located or is being constructed within 1,000 feet of the proposed location of the entry or exit ramp, unless, during the planning and design of the project, the department determines that the construction is required and that there is no feasible or prudent alternative.

b.Prior to making the determination required pursuant to subsection a. of this section, the department shall, as part of its community outreach efforts to identify a preferred alternative design for the highway project, notify the local board of education in whose district the school is located or being constructed, and in the case of a school being constructed by the New Jersey Economic Development Authority, the authority, or in the case of a nonpublic school, the board thereof, the Department of Education and the members of the Legislature representing the district in which the school is located or being constructed, that the department is considering the construction of an entry or exit ramp within 1,000 feet of the school. The preferred alternative design for the highway project shall not be selected until the members of the Legislature notified pursuant to this subsection have been afforded the opportunity to submit comments to the department. If the department subsequently determines that the construction of the entry or exit ramp is required and that there is no feasible or prudent alternative, pedestrian safety issues shall be included as part of the environmental review undertaken by the department pursuant to State and federal laws, rules and regulations. When the public forum is held as part of the environmental review of the proposed highway project, the department shall present its plan for any entry or exit ramp and the safety measures, consistent with the recommendations of the study required pursuant to section 7 of this act, that are to be included in the highway project.

c.An entry or exit ramp for a highway shall not be reconstructed if a school is located or being constructed within 1,000 feet of the location of the ramp unless the department shall take steps to minimize the public safety hazards of the reconstructed ramp, consistent with the recommendations contained in the study required pursuant to section 7 of this act.

L.2007, c.308, s.4.

Op-Ed: New Mercer County Bike Map Looking for Comments

First I must say that this map is a great start with wonderful potential. It would be great to have maps such as these for every county in New Jersey.

However, the new Mercer County Bikeability Map, while an "OK" start leaves much to be desired. Too many (but no where near a majority) roadways that are relatively safe to ride on are considered "Unfavorable" while others that I would never ride on (and I'm a very bold and experienced rider) are given "Excellent" ratings. Unfortunately I have personally found this to be an all too common problem with many bicycle suitability maps pubilished for New Jersey counties.

Now admittedly, this is a work in progress with the DVRPC, who put this map together, looking for comments to improve the map. I hope New Jersey cyclists that are familiar with Mercer County's roadways go to town on this map and plaster it full of comments to improve it. It is definately a product that has potential and I support the DVRPC for putting it together.

Mercer County's Interactive Bike Map

As report by John and our friends at the Bicycle Coalition of Greater Philadelphia:

Last week the Delaware Valley Regional Planning Commission launched the Mercer County Regional Bike Map overlayed on a Google Map. This map is intended to be a resource for Mercer County residents and bicyclists to help them plan bicycle-friendly routes to ride, and also to help planners identify priority bicycle corridors and facilities to be considered in the future.

http://www.dvrpc.org/asp/bikemercer/

For the next month or so DVRPC and Mercer County would like your input on priority bicycle routes, and your opinions on the routes submitted by others, as well as any knowledge you have about the bikeability ratings shown here: are they too high, too low, or do they not reflect a specific local issue that you know about? Comments will help improve the bikeability scores shown on the site. Proposed routes and comments will be accepted until Friday, March 12th.

LAB Executive Dirrector, Andy Clarke to speak at WWBPA Meeting

On February 25, 2010 the West Windsor Bicycle & Pedestrian Alliance will host Andy Clarke, President of the League of American Bicyclists.

7:30 p.m.
West Windsor Municipal Building
271 Clarksville Road

View Larger Map

LAB champions bicycle-friendly communities, not only for the health of cyclists, but for the wider economic benefits they bring to communities.

Please be aware that the WWBPA is hosting Mr Clarke as part of their annual meeting but is open to the public. This is an excellent opportunity for people to hear and speak with one the most influential persons in bicycle advocacy in the United States. While Mr. Clarke will also be one of the featured speakers at the NJ Bicycle Summit two days latter, this is another opportunity to for those to meet Mr. Clarke who are unable to attend the Bicycle Summit.

WWBPA will also discuss its goals for 2010 and vote for trustees. If you live in town or in the area come and see how one of the best local bicycle and pedestrian groups operate.

New issue of NJ Walks & Bikes newsletter available

The latest issue of the NJ Walks and Bikes newsletter is now available online at:
http://policy.rutgers.edu/VTC/bikeped/Walks_and_Bikes/Vol3_Issue2/



Produced by the NJDOT through the Alan M. Voorhees Transportation Center at Rutgers University, this latest issue is especially good. The more notable and interesting topics in this issue are:

New Jersey DOT adopts a Complete Streets Policy
Statewide Bicycling Survey completed (with plenty of useful info!)
Cross County Connection creates Google Map showing bike routes and public transportation
Plus more!

For those of you who may be wondering what NJDOT is doing to make bicycling and walking safer, this is an excellent source to find out more. Also don't forget the back issues of the NJ Walks & Bikes Newsletter and the Safe Routes Scoop!

Stop For Pedestrians Bill Is Now Law - Will There Be Enough Outreach To Make A Difference?

On Monday Then Acting Governor Steve Sweeney signed Assembly Bill No. 1329 into law which requires motorists to stop for pedestrians in the crosswalk.

1. The new measure requires drivers to stop and remain stopped while a pedestrian is in a marked crosswalk. Previously motorists were required to yield to pedestrians in crosswalks but did not have a clear obligation to stop and remain stopped.
2. It requires drivers making a right turn at a red or yellow traffic signal or at a stop or yield sign to stop and remain stopped for pedestrians crossing within the adjacent crosswalk into which the motorist is turning.
3. Lastly it provides that when a collision occurs between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there is a permissive inference that the driver did not exercise due care for the safety of the pedestrian.

In many places in the country drivers are trained to stop for pedestrians. Put your foot down in a marked crosswalk and four lanes of traffic will come to a stop to let you cross. With proper outreach and enforcement this law can make a huge difference in pedestrian safety. But it will be a heavy lift, it's hard to break old habits, especially if you are already ten minutes late.

Op-Ed: Is this legal? #2

Photo of riders on on Meyersville Road in Chatham Township by Anthony Albanese via the Independent Press. Another photo of legally operating cyclists can be see in the original story here.

Well it depends who you ask and how you interpret NJ Provision - 39:4-14.2. Keeping to right; exceptions; single file.

As cyclist with 20 years adult riding experience and an LCI I will say that I see no illegal actions being perpetrated by these cyclists. None of the cyclists are riding two abreast. The lanes are very narrow, the road turns to the left and goes down a blind hill. From the photo it is clearly evident that the driver of the car can not see far enough up the road to pass even one cyclist safely, even if the cyclists moved all the way to the far right of the lane. According to the League of American Bicyclists Traffic Skills training, any situation where the lane is too narrow and/or sight-lines blocked to allow a driver to see far enough up the road to pass safely, the cyclist should move to the left to take the lane to prevent the overtaking vehicle from passing until the road conditions make it is safe for driver of the vehicle to do so.

Part b of NJ Provision 39:4-14.2 says that cyclists may move left to "avoid ... other hazardous conditions that make it impracticable to ride at the right side of the roadway." I interpret this phase as a catch all. Since it would be hazardous for the cyclist to move to the far right to allow a driver the possibility to pass dangerously, then the cyclist has every right to move left, take the lane and prevent the possibility of a dangerous/"hazardous" pass.

NJ Provision -39:4-14.2. Keeping to right; exceptions; single file

Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; provided, however, that any person may move to the left under any of the following situations:

(a) to make a left turn from a left-turn lane or pocket;

(b) to avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the roadway;

(c) to pass a slower moving vehicle;

(d) to occupy any available lane when traveling at the same speed as other traffic;

(e) to travel no more than two abreast when traffic is not impeded.

Persons riding bicycles upon a roadway may travel no more than two abreast when traffic is not impeded, but otherwise shall ride in single file except on paths or parts of roadways set aside for the exclusive use of bicycles.

Now all that being said, I do feel that it is somewhat rude of cyclists to ride in groups so large that they make it impossible for drivers to pass for extended long stretches of roadway. We in the bicycling community will not win over the hearts and minds of drivers and the general public by forcing others to wait for you at 18mph for a half a mile or more. If you do ride in large groups be prepared to slow down, move over and let motorists pass every so often if need be. Even though we bicyclists have every right to the road there is no reason to abuse that right.

I also interpret the New Jersey law in a way that an overtaking driver has every legal right to pass some of the bicyclists and then move back into the lane, splitting the group in two (but then again there is nothing in Title 39 that says a driver of a vehicle can pass any slower vehicle, motorized or not, in a no passing zone). Bicyclists drafting off one another may consider that to be extremely dangerous and aggressive but then again drafting 6 inches off another rider's wheel is technically tailgating and also illegal.

Also and very importantly, while I as a cyclist and an LCI interpret NJ Provision 39:4-14.2 to give bicyclists the right to move to the left in the above photoed situation, law enforcement and the courts don't always see it that way. Don't be surprised if you are ticketed and found guilty in court even if you are a just a solitary cyclists that moves to take the lane in a similar situation as described above. However, if you are ticketed I do strongly advise that you fight this in court with the hope that you can set a precedent.

This photo is part of a protracted debate going on in the Independent Press (covering the Summit area in Union County) attacking bicyclists' rights to the road. Follow the links below to read the ongoing debate (with some truely ridiculous anti-bicycling arguments) in the Independent Press (all link courtesy of the NJ Bicycle & Pedestrian News Digest).

A danger in spandex, bike riding on Chatham's narrow roads
Independent Press • Friday, December 4, 2009
http://tinyurl.com/yzp252d

A biking tragedy waiting to happen
Independent Press • Friday, December 4, 2009
http://tinyurl.com/ylq8dch

Bikes, cars need to share the road
Independent Press • Friday, December 4, 2009
http://tinyurl.com/ylaq8xw

Fear the car more than the bike
Independent Press • Friday, December 4, 2009
http://tinyurl.com/yk95xp6

Drivers (and bikers) have rules
Independent Press • Thursday, December 17, 2009
http://tinyurl.com/ygog4rz

A little caution goes a long way
Independent Press • Thursday, December 17, 2009
http://tinyurl.com/y8oq384

Patience is key to road safety
Independent Press • Tuesday, December 22, 2009
http://tinyurl.com/yk3zljo

Cyclists, drivers can coexist
Independent Press • Wednesday, December 30, 2009
http://tinyurl.com/yahgmcs

Cycling 'packs' block the road (author is a cyclist)
(Note – Could not find full-page letter author refers to)
Independent Press • Thursday, December 31, 2009
http://tinyurl.com/ykmg2tw

Photos of bike riders on Meyersville Road in Chatham Township proves point
Independent Press • Sunday, January 17, 2010
http://tinyurl.com/y9wj25a