Archive for the ‘Vulnerable User Bill’ Category

Kirkland, again.

Thursday, December 8th, 2011 by M.J. Kelly

On July 25 I, like many of you, was horrified by a bicycle fatality in Kirkland. And today, I arrived to the office to word of another tragic, avoidable death of a man biking to work in Kirkland. Early reports indicate suspicion of drunken driving, and the police have arrested the driver for investigation of DUI at this time.

Normally, Cascade avoids commenting on ongoing investigations, but I’m not sure if that’s always the right approach.

We listened and waited during the investigation of the collision that killed John Przychodzen. John was new to the area, and a new member of Cascade. He was an avid cyclist, was passionate about riding safely, and, on the day he was killed, was biking home from work like thousands do in our region daily.

John was biking on Juanita Drive in Kirkland when he was struck from behind by a truck being driven by Nick Natale.

At the time, Kirkland PD called it “a terrible accident.”

Today, the police have altered their tune, saying the cyclist who died in the wee hours of the morning in the 13200 block of NE 124th Street was “doing everything right.”

John Przychodzen, by all accounts, was also doing everything right, cycling 19mph on a clear afternoon, on a road with a speed limit of 35mph that is frequently used by bicyclists. For reasons that remain unclear, the driver swerved into John, killing him.

We’ve obtained the Kirkland Police Department reports detailing their investigation. Here is the timeline from the reports:

3:30 p.m: Mr. Natale left his workplace in the truck.

3:40 p.m: Mr. Natale made a cell phone call.

3:40 p.m: Mr. Natale sent a text from his cell phone.

3:45 p.m: Mr. Natale swerved his truck to the right into Mr. Przychodzen, striking him, before crashing into the ditch.

Witnesses stopped and called 911. They joined Mr. Natale in trying to help Mr. Przychodzen.

3:48 p.m: Emergency and police units dispatched.

Several things stand out from the reports:

Witness reports fail to corroborate Mr. Natale’s assertion that he moved left to pass John, then swerved to the right to avoid a fast, oncoming vehicle driving on the center line.

All witnesses stated that they saw no reason for the driver to swerve or move from his lane of travel, and no fast-moving oncoming vehicle was witnessed driving on the center line.

There appears to be no cell phone record investigation beyond looking at the phone at the scene. A call and a text were shown to have taken place at 3:40 p.m. presumably, when Mr. Natale was driving his vehicle since he departed in it at 3:30. But no records appear to have been obtained from the cell phone carrier. Why?

Based on the traffic investigation, the driver was speeding, travelling 39 mph in a 35 mph zone. Further, the report shows that if Mr. Natale was driving attentively, he should have been able to see John an excess of 10 seconds prior to the collision.

In the end, police closed the case and issued a $42 ticket for changing lanes unsafely. Do you think it’s shocking and wrong that you can kill someone and simply get a $42 fine? I do, and I’m sad that it took us three years of work to pass the Vulnerable User Bill through the Washington State Legislature. The law doesn’t go into effect until July 2012, and is not applicable in this case.

Back to today. While we await to hear more about the fatality overnight, we send our deep condolences to the man’s family and friends. But we’re not sitting back. We’ve reached out to Kirkland to let officials know we’re watching this case. We ask them to do better and to file charges akin to the unnecessary and preventable loss of someone’s life. And you can as well.

Based on initial news reporting and comments from the police, we’re hopeful that this investigation will be thorough and that charges will be in alignment with the seriousness of the incident. More so than they were in July.

Vulnerable User Bill on Gov. Gregoire’s Desk

Tuesday, May 10th, 2011 by David Hiller

Three years of hard work have paid off in the form of enhanced protection for vulnerable roadway users as Senate Bill 5326 is past the legislature. And we’ve just been informed that the Governor will sign the Vulnerable User Bill on Monday, May 16.

So many good people made such an enormous commitment to the passage of this bill, and we couldn’t have done it without them. The Blacks, Norrises, Brulottes, and others lost parents, children, lovers and friends. They had the courage and conviction to stand before the legislature and relive their losses. We did this for them, for those who went before them, and those who may come after them.

This is their bill more than it is ours, and I was privileged and honored to be able to be their advocate on this issue.

In the end, this bill is about outcomes. Outcomes matter in Washington state in so many other instances. For instance, killing someone while driving drunk isn’t merely a DUI with a “tragic accident”, it’s vehicular manslaughter. Our laws distinguish between people’s intent, and the actual consequences that result from their actions. But because driving is such a routine activity, however dangerous, our laws were mostly scrubbed of serious penalties for causing injury or death.

The Vulnerable User Bill passed this year is substantially changed from the effort launched in 2009, when our emphasis was on restoring Seattle’s “assault by vehicle” ordinance. Not only wasn’t the idea of a patchwork of local ordinances a good idea, but there also wasn’t any stomach for criminalizing “simple negligence” of this sort in Olympia.

Penalties in the bill range from moderate to severe. One may opt to surrender their license and pay a civil fine of $5000, or one may appear in court and request the alternative penalty. Under the alternative, one would perform up to 100-hours of community service in traffic safety or driver improvement, complete a state approved traffic safety course, and pay a fine of $250.

The law will become effective in June of 2012 to give the State time to make changes to its ticketing systems and court computers. Cascade Bicycle Club will monitor its implementation and see how often it is applied to the few hundred incidents that fall in the grey area between an infraction and a crime.

UPDATE: Vulnerable User Bill passes a HOUSE floor vote

Friday, April 1st, 2011 by M.J. Kelly

[EDIT: Drrr... The bill passed its HOUSE floor vote. This is why I made the darn graphic below, and I still get tangled up trying to sort the process out. --mjk]


No sooner did I get the earlier post up than David Hiller phoned from Olympia. He called to report that SB 5326 had passed its house floor vote!

Needless to say, we’re thrilled. It’s been a long three years of work, and we could not have gotten here without your support and activism. Thank you… Thank you!!

HB 1339 dies in committee; SB 5362 continues making progress

Friday, April 1st, 2011 by M.J. Kelly

As of Friday, March 25, HB1339 failed to make it out of senate committee, which was the deadline to keep the bill alive. It’s not a huge cause for concern at this point, as it was determined that Senate Bill 5326 would be the legislative vehicle for the Vulnerable User law. SB 5326 needs to get through a floor vote, conflicts between the final and original language must be resolved, then it’s on to the governor’s desk. We’re not there yet though, and we may need your help on the final vote. Stay tuned!

HB 1339 moved through the House floor today

Thursday, March 3rd, 2011 by M.J. Kelly

Don’t celebrate yet, but we’re getting closer. HB 1339 moved through the house floor today, another major step toward passage.

Vulnerable User Bill Passes State Senate 43-5

Thursday, February 24th, 2011 by Chris Rule

Great news! The Vulnerable User Bill just passed the state senate on a bipartisan vote, 43-5. Senator Adam Kline of southeast Seattle sponsored the bill and explained why it is important to hold negligent drivers accountable when they injure or kill vulnerable users of our roads. Senate Majority Leader Lisa Brown of Spokane and Senator Cheryl Pflug of Maple Valley spoke in favor of the bill, and no one rose to oppose it.

You can see the roll call vote here. Please use this link to send a quick thank-you email to your senator. The Vulnerable User Bill would not have made it this far without the efforts of the senators who sponsored the bill and the thousands of supporters who contacted their legislators over the past three years.

While we’re technically halfway there, the house companion Vulnerable User Bill was just placed on second reading and has another couple of weeks to get passed. There are still a number of steps before we can declare victory, but with such overwhelming support in the senate, it’s likely that the house will vote in favor as well. Thank you!

Vulnerable User Bill — where are we now?

Tuesday, February 22nd, 2011 by M.J. Kelly

Good news! The Senate has caucused on SB 5326, and in the House side, HB 1339 got a Rules pull, which means the Vulnerable User Bill continues to move.

Getting any bill to successful passage is a complex process, enough so that I have a hard time keeping track. I developed a graphic to show each legislative phase and to track our progress. You can also track the bills online, but it’s not as pretty.

In short, your phone calls and emails to your legislators are helping. Please keep them coming!

Big push needed for Vulnerable User Bill

Tuesday, February 15th, 2011 by Chris Rule

First, there is great news for the Vulnerable User Bill in Olympia. The bill has bipartisan support. Victims and their family members made clear in two moving hearings how and why they want to hold negligent drivers accountable for their actions. Now the full House or Senate must vote on the bill before a looming deadline at the end of the month. You can send a message to your legislators and help make it happen.

Click the image for full video of the most recent Vulnerable User Bill hearing (beginning at 48 minutes).

Right now, the Vulnerable User Bill is right where it “died” last year. In February 2010, a very similar bill awaited a vote in the full Senate but legislators did not feel enough positive pressure to vote on the bill. Like so many potential laws, the SB 5838, last year’s Vulnerable User Bill, sat on a list of bills for consideration but missed a deadline for passage in the “house of origin.”

In 2011, we have bills ready in both the House and Senate and at least double the chance of making the Vulnerable User Bill into a law — but the clock can still run out without your help!

Please click here to send a message to your state  representatives and senator. Encourage them to support the Vulnerable User Bill when they meet in caucus and bring it for a floor vote. Let’s get this done!

To learn more, here are some resources:

Vulnerable User Bill Picks Up Steam

Friday, January 28th, 2011 by Chris Rule

Good news for the Vulnerable User Bill in Olympia! After a successful hearing in the Senate Judiciary Committee last week, the bill will have a hearing in the House Judiciary Committee next Thursday, Feb.3, at 10am. Please email us if you can make it down to Olympia and sign in favor or testify. Here’s a link to video of the first hearing, beginning 31 minutes in.

The Vulnerable User Bill has undergone several changes from its original version two years ago. SB 5326 and HB 1339 are this year’s bill numbers in the Senate and House. This bill will fill the gap between a simple traffic ticket and a crime. It creates greater penalties for negligent drivers who maim or kill pedestrians, bicyclists and others, and it will reinforce the need to be more careful when driving around vulnerable people. The bill:

• Defines the Vulnerable Roadway User concept

• Amends Negligent Driving 2, an infraction, which imposes a $250 fine

• Makes the negligent driver pay a fine of between $1000 and $5000 and suspends his or her driving privileges for 90 days, — OR — The driver can reduce the fine back down to $250 by appearing in court, completing a traffic safety course and performing up to 100 hours of community service

• The bill requires that the community service and traffic safety course be completed within one year, or the court will impose the larger fine and license suspension

Community service and court appearances are not mandatory for infractions in Washington, only for crimes, so the driver may choose to pay the larger fine rather than perform community service. The fine should be set high enough that the driver is compelled to appear in court and reduce the fine. These and other procedural issues have led to growing support for the bill, from law enforcement officers to public defenders. You can read an updated fact sheet here.

In the Senate hearing, we heard moving testimony from victims who were seriously injured and family members of bicyclists and pedestrians who were killed by negligent drivers. Members of the committee from both parties expressed strong support for increasing the penalty for drivers, and we expect that they will advance the bill forward. But there are still many hurdles to clear! Here are three ways you can help:

1.  Ask your Representative to support House Bill 1339. Click here to send an email to your Representative if he or she is on the House Judiciary Committee and ask him or her to support HB 1339. We have the continued guidance and support of a diverse group of stakeholders – including law enforcement, prosecutors, public defenders, and others but your message is vital in making this bill state law. Note that this form will work only if your representative is not yet a bill sponsor.

2.  Come to a hearing in Olympia. HB 1339 is scheduled for a public hearing in front of the House Judiciary Committee on Thursday, February 3, at 10am in  the John L. O’Brien Building (JLOB), Hearing Room A.  Please join Cascade Bicycle Club and safe roadway advocates from around the state to support the Vulnerable User Bill.  Many of the hearing attendees will be family members or victims of tragic crashes, and they will need our support. Cascade is helping to organize carpools, so if you want to attend and need a ride, email organizer@cascadebicycleclub.org and let us know.

3.  Be a lobbyist for a day at Transportation Advocacy Day. On Thursday, February 10, Cascade Bicycle Club, Transportation Choices Coalition, and many other organizations will gather and lobby in person for legislation that protects and provides funding for bicyclists, pedestrians, and transit users. Sign up on the Transportation Choices Coalition website and come join us.

Vulnerable User Bill Introduced in Senate – SB 5326

Thursday, January 20th, 2011 by Chris Rule

FOR IMMEDIATE RELEASE

PROTECTING VULNERABLE ROADWAY USERS
Cascade Bicycle Club seeks passage of Vulnerable User Bill

WASHINGTON STATE SENATE JUDICIARY COMMITTEE HEARING ON FRIDAY, JAN. 21

SEATTLE, JANUARY 20, 2011 – On Friday, January 21, 2011 the Washington state Senate Judiciary Committee will hold a hearing on Senate Bill 5326 (House Bill 1339), also known as the Vulnerable User Bill. This legislation would increase the penalty for drivers who commit traffic offenses that cause the serious injury or death of a pedestrian, bicyclist or other vulnerable roadway user.

More than 150 pedestrians, cyclists, equestrians and farm equipment operators are gravely injured or killed in Washington state each year by negligent drivers who have broken traffic laws. Currently most of these offending drivers face only a mail-in traffic fine that in many cases is as low as $49. The Vulnerable User Bill, if passed, would impose steeper penalties.

Cascade Bicycle Club (Cascade) has advocated for passage of the Vulnerable User Bill since 2009. Last year the legislation came within minutes of a vote on the Senate floor before it died—not for lack of necessary votes, but because time ran out at a critical cutoff. Cascade’s advocacy director David Hiller believes that the bill has enough momentum to pass in 2011.

“In 2009 we met with families and survivors who wanted to know that people who were driving negligently and who took the lives of their loved ones weren’t going to get away with just a ticket,” Hiller said. “This bill is in response to their request for justice.”

The bill was introduced to the Senate Thursday morning by Sen. Adam Kline (D-37) and is co-sponsored by Sen. Joseph Zarelli (R-18) and others. Freshman Rep. Joe Fitzgibbon (D-34) introduced the House bill, along with Rep. Mike Hope (R-44), who is also an officer of the Seattle Police Department.

Under the law, a driver committing a traffic infraction—such as speeding, texting while driving or running a red light—that results in the serious injury or death of a vulnerable roadway user would face an automatic fine of $1,000 to $5,000 and a 90-day suspension of driving privileges. To mitigate the above penalties, the offender could request a court hearing and, per judicial discretion, pay a $250 fine, complete a traffic safety course and perform up to 100 hours of community service related to driver improvement and public education about traffic safety.

Cascade stresses that the bill does not establish a criminal offense. It simply increases the penalty for driving offenses that lead to tragic outcomes for vulnerable users.

The legislation defines vulnerable users as pedestrians, bicyclists, equestrians, highway workers, skaters/rollerskaters/rollerbladers, people on scooters and people in wheelchairs or on farm equipment.

Many of the attendees at Friday’s hearing will be family members or victims of tragic crashes.

Vulnerable User Bill
(Senate Bill 5326, House Bill 1339)

Washington State Senate Judiciary Committee Hearing
Friday, January 21, 2011
1:30 p.m.
Cherberg Senate Building, Senate Hearing Room 1
Olympia, WA

Cascade Bicycle Club requests that those interested in attending the hearing RSVP by emailing organizer@cascadebicycleclub.org. The group is especially interested in attendees who have been victims or are family members of a victim of negligent driving who were vulnerable users at the time of the traffic incident. Attendees may join Cascade in conference room 236 of the Cherberg building at 1 p.m. to prepare for the hearing.

Citizens may send an email urging their senators to support the Vulnerable User Bill (SB 5326) by visiting www.tinyurl.com/vulnerableuser.

About Cascade Bicycle Club:

Founded in 1970, Cascade Bicycle Club is a 13,000+ member, nonprofit organization based in Seattle, Washington, serving more than half a million cyclists in the Puget Sound community. The club is operated by a volunteer Board of Directors, more than 20 professional staff, and thousands of volunteers and is the largest organization of its kind in the United States. More information about Cascade Bicycle Club’s advocacy, commute and education programs is available online at www.cascade.org or by calling (206) 522-3222.

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MEDIA CONTACT

David Hiller, Advocacy Director
Cascade Bicycle Club
206-227-0006
david.hiller@cascadebicycleclub.org