Colorado Gets Cyclists’ Bill of Rights
By Rocky Thompson on May 12th, 2009
Yesterday the Governor of Colorado Bill Ritter signed a bill that creates fines for motorists who mistreat cyclists. Enforcing the laws will likely be difficult since proving they’ve been broken will be a challenge unless we all start riding with video cameras on our handlebars, but this is a nice first step and it’s great to see the mountain west leading the charge instead of waiting for California to do it. The measure would require drivers to give bikers at least three feet of space ($110 fine for breaking this law) and anyone who throws an empty coffee cup, broken wrench, or cell phone at a cyclist would be subject to a class 2 misdemeanor ($250-$1000 fine and 3-12 months in jail). I wonder if there’s a measure protecting cars from kicked doors and locks smashed through side windows.
via Out There
Tags: Cycling
more info on states laws here: http://www.safe-route.org/laws/passing.php
This law will be rather hard to enforce as has been said. But the worse part is that it makes throwing things at people on bikes a LESS serious offence than it is already. CRS 18-3-302(c) defines 1st degree assault as “(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person”
That would seem to fit the offence of throwing things at a bicyclist in motion, yes? If the bicyclist crashes as a result of thrown objects, they are at risk of death or severe injury.
The reason they should have not make this law defining throwing things as a simple misdemeanor is that people can get killed if they crash as a result of thrown objects, so it’s more properly 1st degree assault – and in CO that means you can legally use deadly force under CRS 18-1-704(c) to prevent it.
Which do you think is more effective – a law that says “throwing things at bicyclists is a misdemeanor and will get you a fine” or “throwing things at a bicyclist is 1st degree assault and will get you shot by said bicyclist”? :)
Seriously, this law is horrible. I happen to live in a canyon with lots of curves and no shoulders, where all summer we dodge aggressive cyclists who ride in the middle of the lane. Sure i already attempt to give them 3 feet, but when about when i can’t because of on coming cars. I really would rather not my car get totaled cuz i had to stop to not pass a cyclist. Its crap, the law should have given accommodations for roads like mine or at least provided funds to create shoulders for the bikers to ride on.