New Orleans Pedestrian and Bicycle Safety Advisory Committee October Meeting Minutes Friday, October 9th 2015 New Orleans City Hall Members Present Caitlyn Blodget, District A John Renne, District B New Orleans, LA Skylar Fein, District C Karen Parsons, District D Naomi Doerner, At Large A Marin Tockman, At Large B Page McCranie, Office of ADA Louis Haywood, Dept of Public Works Alexander Lebow, Mayor s Office Chris Gunther, New Orleans Health Department Stosh Kozlowski, City Planning Commission Members Absent Sholund Myers, Regional Transit Authority District E Appointee (TBD) Visitors Present Keith Holt, Bike Easy Nelson Avery, cyclist Ann Dalton, light house Maria White, Interpretor from Deaf Action for Naomi, Interpretor Roxy Holmestead?, Lighthouse Louisiana October 9 th Agenda 1. Roll Call 2. Approval of Minutes of September 14, 2015 3. Walking, Bicycling and Skateboarding: State Laws and Policies, Local Ordinances, and the Louisiana Driver s Manual Presentation by Dan Jatres, RPC 4. Application of State Laws and Local Ordinances Presentation by Charles Thomas, Bike Law 5. Discussion 6. Planning for District Out- and- About Outings Caitlyn Bloget, Lighthouse Louisiana
7. Other 8. Adjourn Karen Parson, the New Orleans Bike & Pedestrian Safety Committee acting chairperson opened the meeting at 1:37 pm 1. Roll Call 2. Approval of last meeting Minutes Agenda - Paige McCraine had a note to last meeting minutes that in announcing public meetings we need to make sure that the meetings have ADA accessibility and she can be the point of contact for the committee for people to reach out to for special needs to access the meeting or more details regarding ADA accessibility. - Karen Parsons, would like us to attach the remaining schedule and list of resources of pertinant ordinances and resources to share with the group to the meeting note addendum. 3. Walking, Bicycling and Skateboarding: State Laws and Policies, Local Ordinances, and the Louisiana Driver s Manual Presentation by Dan Jatres of the Regional Planning Commission (RPC) Dan Jatres intro works for RPC The Presentation Agenda: Bicycling Laws, Walking Laws, Louisiana vs New Orleans, Skateboard Laws State Code Title 32 (legis.state.la.gov) Revisions in 2010 and 2011 - Additional items regulated at parish/municipal level Louisiana Bicycle Laws - Bikes are Vehicles: Bicycles on the roadway have all the same rights and responsibilities as motor vehicles (R.S. 32:194) R.S. means revised statutes - Ride n the direction of traffic and as near right as practicable (R.S. 32:1977(A)), except when: - passing another vehicle - preparing to turn left - to avoid a hazard - to transition from a right turn lane Dan Jatres side note - There are examples of hazards, but the word practicable leaves some discretion for cyclists to determine what s safe for them - Don t ride more than two abreast (R.S. 32:197(C) ) two cyclists side by side
- Bicycles may be ridden on the shoulder (R.S. 32:197 (D)) - On multi- lane one way roads, bicycles may be ridden as near the left curb or shoulder as practicable when turning left (R.S. 32:197 (E)) - Cyclists must obey traffic signals (R.S. 32:232) - Cyclists must stop at stop signs (32:123) - Respect vehicle and pedestrian right- of- way (32:124) - yielding to motorized or non- motorized vehicle - Use hand signals when turning and stopping (32:106) right hand and left hand signals - Cyclists must use lights and reflectors at night white for the front, red for the back (32:329.1) from Dusk til Dawn lights can be on bike or on your person - Helmets are required for children under the age 12 (32:199) Laws applicable for people driving cars - Leave at least 3 feet when passing a bicycle rider (32:76.1) Dan Side Note: that is a minimum and it could/should be more because of higher speeds drivers can change lanes, drivers can cross a double yellow as long as it is safe to do so as a driver - Check for approaching cyclists before opening your door (32:283) - Don t harass bicyclists by yelling, honking or throwing objects (32:201) - Keep bike lanes clear (32;203): Entering a bike lane is only permissible when: - preparing to turn at an intersection - entering or leaving the roadway - entering or leaving on- street parking spot Naomi Doerner asks if bike shops are required to apply reflectors or lights, Dan Jatres re- read the law and it says manufacturers and distributors cannot sell the bike without reflectors or lights applied Caitlyn Blodgett asks if other modes of transportation use the bike lanes? Dan Jatres replied that these other modes (Segway, wheelchairs, are defined as pedestrians and should use the sidewalk) the law does not include it, but if they do they need to yield to bicycle traffic as that is their right of way Stosh Kozlowski asks about motorized bicycles? Dan Jatres says that it s defined by pedal motorized, less than 50 cc, and 1.5 horse power this is one of the areas where Louisiana law may be lacking and legistlator needs to be addressed. Karen says that it s also a concern for wheelchair accessibility and we need to flag this for consideration Keith Holt asked to redefine the two abreast law. Dan replied that there are no exceptions, not even with no traffic coming Keith asked how old is the harassment law, Charlie Thomas says in 2011 it was formed the law isn t used that often
Louisiana Walking Laws - Peds have the same privileges and responsibilities that stated in part (RS 32:211) - Drivers yield to pedestrians on sidewalks ahen emerging from or entering an alley, private road or driveway or building (RS 32:219) Crosswalks - Drivers shall stop and yield the right of way to pedestrians in crosswalks (RS 32:212(A)) yield is vague stop is much clearer and expected action so they use the stop & yield - Drivers approaching a car stopped at a crosswalk shall not overtake the stoped vehicle (RS 32:212 (C)) - Pedestrians shall not enter a crosswalk if a vehicle is too close to stop (R.S. 32:212(B)) - Pedestrians shall yield to vehicles when crossing outsides of a crosswalk (R.S. 32:213) - vehicles have to stop and yield even if a crosswalk is not marked that is legally required, but most people don t know and pedestrians still have to yield*** Caitlyn Blodgett asked about yielding on the opposite side of the street. Dan said that has been updated on the state level, not city level Caitlyn asked that it would be impossible to get across if there is not yield on either side. Dan says that is where it s hairy and about asserting who has a right to the road - Follow traffic signals. Obey pedestrian or traffic signals (RS 332:232 & RS 32:233) Driver s Manual for class D&E Licenses Driver s guide has a section for pedestrian and bicycling - Walking - Pedestrian Safety, p. 75 visually impaired pedestrians p. 76 - Other information throughout (signals, turning,etc) Bicycling Sharing the Road p. 78-79 Bicycling Safety p. 80 Drivers manual can be found on line at the DMV state website New Orleans Pertinent Code of Ordinances: - Municipal and Parish Governments can regualt roadways and traffic (R.S. 32:31 & 32:42)
- New Orleans Code of Ordinances Chapter 154 Traffic and Vehicles. This establishes municipal versions of many R.S. - Some City specific laws Orleans Parish Bicycling Laws - Ride on the road. Sidewalk riding is prohibited in the CBD for all ages, citywide for people 15 and older (Sec. 154-1416) - Bicycle registration required, but not enforced, encouraged Louisiana Skateboard Laws - Very little in R.S. Title 32 or Sec 154 not included in state law - R.S. and Sec 154 definitions exclude skateboards as a vehicle - No clinging to vehicles (R.S. 32: 196 & Sec. 154-4) - Prohibted from streets except crosswalks, same rights and duties as a pedestrian when in crosswalks (Sec. 154-3) - Additional best practice research needed** Louis Haywood asked about coasters being defined and Dan Jatres says it s not in the state law Karen Parsons, asks if skateboards currently fall into what shouldn t be in a bike lane, and Dan Jatres says yes, they are considered where pedestrians should be 4. Application of State Laws and Local Ordinances Presentation by Charles Thomas, Bike Law Charlie Thomas: Attorney who focuses on traffic, including representing cyclists and pedestrians. Trying to find out what s going on with our courts, do we need better laws or do we need to better educate some of the appointed prosecutors and judges? - Violations of traffic laws are the cause of over 50% of crashes, it s up to 79% of violations for bicycle crashes that should prioritize enforcements - NOPD has the discretion to site state or municipal ordinances. This is the discretion of the officer. State Laws are harsher and they have to choose only one form of citation (City or State). - As Charlie has notice within the NOPD there is a reluctance to issue citations for improper vehicle operation relating to bicycles. They are concerned they are going to give a fine for more than what bicyclists are valued at. They could have a field day, but he thinks that it develops a bad trend. Police say you don t need a license to ride a bike, so why hold it against them that a cyclists doesn t know the law. But,
that said people need to be given the information and education on the rules of the road and thinks that because of the lack of cyclist citation or education outreach to cyclists it could lead to increased injuries and accidents for people who ride bikes. - Naomi Doerner added that some cities are focusing on the higher consequences that cause injury or death, putting more emphasis on that - Orleans Parish Court Structure - Federal Court - State Courts civil District Court designated only in Orleans Parish and Criminal District Court - Limited Jurisdiction including Municipal Court, Traffic Court, City Courts Traffic Court is what we are talking about - there is a huge opportunity, starting with NOPD traffic cops, to city attorneys assigned to traffic court as prosecutors, and Orleans Parish and Traffic Court Judge Charlie has noted that there seems to be a lack of education of what laws apply. Charlie has found that they don t really know what s really out there for laws with cyclists. It s important to see citations given for statistics, but also for representation. He has found that it s an education and degree of comfort with some of these laws. He further recommends an update to Section 154 for New Orleans bicycle opportunities. Increasing moving violations/fee schedules on bikes, and encouraging police to give citations and educations. Karen Parson should the committee be involved and how so? Naomi Doerner wants to see the statistics to make sure it s not a tool for profiling in communities. Asks for data and a little more research John Renne question of legality of enforcement what are the laws in regards to bicyclists or pedestrians who are being intimidated and harassed? What is the process for how that works? Charlie is trying to figure out that as well. The police who don t witness the accident say you have to go into the police station and file a report, exclusively dealt with in civil court. Karen Parsons recommends sub committee be formed. Naomi Doerner, Alex Lebow, Stosh Kozlowski, Marin Tockman, & Keith Holt of Bike Easy all offered to be of assistance volunteering for this sub- commitee Alex Lebow gives example of the $152 fine for one handed steering, adjustments need to be made for Muni 154 code. Charlie said that updating muni codes in other cities are happening including Chicago so there are great models. Alex also comments says that there is confusion from traffic vs theory. Traffic is not being submitted, how can NOPD cite/warn without having a financial concern. Deputy city attorney that manages traffic court attorneys Lt Micheau and Chairwoman Charlene Larche- Mason Keith Holt also notes that there are other states with one handed riding is not a problem - There is a need to update New Orleans Code of Ordinances to reflect changes to revised statues. Amendments to revised statues could include: - Vulnerable Users law - Shared use Trail crossings - Duties of bicycle riders on sidewalks
- And Skate Board laws Karen Parsons asks new committee member Skylar Fein to speak on behalf of skateboarding laws and his research. Skylar Fein is a part of Humidity Skate Shop and the Parasite Skate Park. Skylar Fein comments that there is a national wave to legalize skateboarding, yet Louisiana is stuck in laws created in 1956. When he speaks to other skateboarders, they are shocked to find out it s illegal. His estimation is that there are 16,000 skateboarders in New Orleans. If you see a skateboarder along the street moving with traffic, they are using it as a mode of transportation. He would like to see this committee legalize skateboarding and acknowledge it as a mode of transport for thousands of people. He hands out a few examples of how in other U.S. cities that have made skateboarding is legal. - In Mineeapolis skateboarding you can legally skateboard unless it is done without want and disregard to the safety of others - Other cities list like LA have regulations of speed. Hands out some model ordinances. He hands out a few examples of ordinances in other cities for review and consideration to the committee. 6. Planning for District Out- and- About Outings Caitlyn Bloget, Lighthouse Louisiana Planning for District Out and About Outings Caitlyn Bloget, Lighthouse Louisiana introduces Rox'E Homstad. Rox E gives a brief talk on how she is a vulnerable road user like so many others in the New Orleans area and hopes that we use the experience of the out- and- abouts to better understand that it s not necessarily crash data that is most important, but user experience which explains how there are roads that may be ADA accessible, but not necessarily safe. She gave a few explanations of experiences of both being hit by cars and countless close calls, and asked that we consider members of our community with no representation or voice including disabled, elderly, children, and poor as we are looking at how our transportation affect our safety. Caitlyn Blodgett proposes a map of possible out and about experiences with Lighthouse Louisiana volunteers and says we can get in touch with her to set up appointments. Marin Tockman asks if there should be dates proposed for people to choose from and Caitlyn Blodgett said it would be easy on a one on one basis or for small groups to get in touch with her and she can set up the out and abouts if they so choose. 7. Other
Marin Tockman updates the committee about the internal google group email that has been set up. The group email address is: new- orleans- bike- ped- safety- committee@googlegroups.com This email is a listserv that includes everyone on the committee email, that way no ones email will get dropped. When writing to the committee just use this email address and it will go to all members accepted in the group. All Committee Members have automatically been added, but you have to approve the invitiation. Look in your emails for the invitation and accept! 8. Adjourn Meeting adjourned at 3:03pm