== Bike-Walk Alliance of NH ==

NH Bicycling Legislation

Bill signed by Governor Lynch; ceremony on July 18

We did it! With the support of many NH departments and bicyclists from around the state, "our" bike bill is now officially signed into law! A public ceremonial signing will be held at the State House on July 18 with media coverage to start spreading the word of what this bill entails. Invited members of BWA-NH and GSW are expected to attend this signing along with the bill sponsor, Representative Gene Anderson of Lebanon.

To view the bill as signed, click here.

To see how the bill progressed through the legislative process up to the signing by Governor Lynch on June 16, click here.

The public needs to be informed of this new law and how it should improve the interaction between motorists and bicyclists. We are now in the "phase-in stage" of HB-1203 before it is effective on January 1, 2009. Along those lines, various Public Service Announcements are planned plus updates the to DMV drivers training manual and exam. Further information will be coming soon to help everyone be aware of the "3-foot rule" and all the other points covered in this bill.

Prior news -- how we did it:

As of the vote taken on May 15, "our" 2008 NH bike bill HB-1203 passed the Senate without any amendments or serious discussion. The final step, at a date to be defined, will be the approval signature by Governor John Lynch. At that time a press release will be issued to inform the public of the new rules which will be in effect on January 1, 2009. Between now and then, NH DOT construction and maintenance guidelines will be reviewed, documentation within DMV must be updated, drivers education instructors need to be informed to revise their programs, and the computerized NH drivers test should be updated to reflect the "3-foot rule." BWA-NH has experience working with all these disciplines and expects to be involved during the implementation phase of HB-1203. In addition, a series of radio and TV public service announcements (PSAs) are planned state-wide to help spread the word that bicyclists have a right to be on the road as a vehicle operator. When everything is in place come 2009, all bicyclists using our shared NH roadways should experience safer and more pleasant cycling. New Hampshire will be the 20th state to implement similar legislation as bicycling becomes more widely recognized as a valid means of transportation.

While in the Senate Transportation Committee, the reflective clothing amendment as added in the House was questioned and was almost deleted, but in the end the bill as passed by the House was left unchanged by the Senate. See the on-line posting which documented the bill as having passed the Senate. For the full text of the bill as adopted by both the House and the Senate, click here.

BWA-NH is very pleased with this result after just six months of submitting a bill deemed controversial by some parties, likewise we wish to express sincere thanks to Representative Gene Andersen of Lebanon as the sponsor who made everything happen. Bicyclists and motorists need to understand that our shared roadways are meant to transport people via any type of legal vehicle. HB-1203 helps to further legitimatize the bicyclist as a true vehicle operator by making both motorists and road construction crews more aware that our roadways are meant for more than cars.

Also, a word of thanks to everyone who sent emails and letters to the House and Senate Transportation committees or testified in person during the hearing process. The NH legislators heard you loud and clear, so now we are just one step away from HB-1203 being signed into law by Governor John Lynch.

Thank you!

Notes from 05-07-2008 Senate Transportation Committee hearing on HB-1203

Favorable testimony was presented by Representative Gene Andersen (sponsor of HB-1203), NH Dept. of Safety Asst. Commissioner Earl Sweeney, and Dave Topham from BWA-NH. The only item in the bill questioned by the Senate committee was the amendment added by the House stating that bicyclists shall wear at least one item of reflective outerwear, such as a vest, jacket, or helmet strip, during the period from ½ hour after sunset to ½ hour before sunrise. With that clause noted, the Senate committee voted OTP (Ought to Pass) with additional discussion planned when they caucus.

The rational behind the reflective outerwear question seems based on the NH "Live Free or Die" feeling that people should not be told what to wear, that including seat belts and motorcycle helmets which are not mandatory in NH. Conversely, we have laws stating that children under 16 must wear helmets when bicycling on a public way (RSA 265:144-X), a white headlight and a red rear reflector or light visible 200 feet away must be used on a bicycle operated at night (RSA 266:86), and traffic signals must be obeyed (RSA 265:30-I). We all know that existing laws are broken on a regular basis and many are not enforced. However, making the public aware of laws that are basically common sense generates additional compliance via awareness, not necessarily enforcement. The number of kids using bike helmets has visibly increased since the helmet law was enacted in January 2006. Wearing reflective clothing at night when cycling has always been highly recommended; HB-1203 as written simply reinforces that. If passed, would a cyclist not wearing reflective clothing and injured in a crash with a motor vehicle be held at least partially liable since he/she was not following the letter of the law, even if hit by a drunk driver? Good question, as asked by Senator Betsi DeVries who heard the testimony today. Assistant Commissioner of NH DOS Earl Sweeney later commented that NH has a proportioned liability clause but that maybe BWA-NH should seek a legal opinion on the wording in the bill. We want to do what is right and what will make bicycling safer while at the same time not increasing the liability of the bicyclist. Comments and inputs welcome!

(Editor's note: Wearing reflective gear at night is only common sense, but there is nothing common about common sense! Along with the rights and responsibilities of using our shared roadways, especially at night, a bicyclist should have some liability for being very visible to motorists even if the law is not enforced with tickets and fines. Safety starts with awareness; and learning the laws of NH is a great step toward improved safety.)

Notes from 05-07-2008 Senate Transportation Committee hearing on HB-1222

HB-1222 to ban texting via cell phones when driving was supported as part of the HB-1203 testimony presented by BWA-NH. The 11:30 AM hearing on this bill had only one person testify against it, saying basically the texting is no different than talking on a cell phone; if texting is banned, all cell phone use when driving should be banned. (BWA-NH highly disagrees with that statement. The level of distraction is much greater when texting than talking.) Members of the Senate committee then went into Executive Session. They pointed out the need for more discussion and a germane connection with existing laws that address distracted drivers. They then sent the bill to a "Committee of Conference" (CofC) comprised of members from the House and Senate Transportation Committees. If the CofC is deadlocked, members will be replaced by the main transportation committees until the bill is approved as written, approved as amended, or rejected. All this must happen soon as the NH legislative session is over by mid-June. Stay tuned for more details on HB-1222!

Entry below from posting of April 28:

As of April 23, 2008, "our" HB-1203 was scheduled for a hearing by the Senate Transportation and Interstate Cooperation Committee on Wednesday, May 7, 11:00 AM, in the Legislative Office Building, Room 101. If possible, please attend to testify in favor of the bill or send supportive email to the following committee members. Since the hearing is allowed only 30 minutes, your emails sent by Tuesday, May 6 are actually more important than spending gas and time driving to Concord to testify in person!

Senator Robert J. Letourneau, R-Derry, Senate District 19, Chairman, robert.letourneau@leg.state.nh.us
Senator Peter Hoe Burling, D-Cornish, Senate District 5, Vice Chairman, peter.burling@leg.state.nh.us
Senator Robert E. Clegg Jr., R-Hudson, Senate District 14, robert.clegg@leg.state.nh.us
Senator Betsi DeVries, D-Manchester, Senate District 18, betsi.devries@leg.state.nh.us
Senator Molly Kelly, D-Keene, Senate District 10, molly.kelly@leg.state.nh.us

Sponsor: Representative Gene Anderson, Gene.F.Andersen@verizon.net

Note: Support HB-1222 at the same time!

The 11:30 a.m. hearing on May 7 by the same Senate committee concerns banning text messaging via cell phone when driving. BWA-NH knows of bicyclists who have been hit and killed by motorists "playing" with their cell phone. Testimony by BWA-NH in favor of this bill, HB-1222, is planned along with "our" HB-1203 bike bill. Please consider supporting HB-1222 via email when contacting the Senate committee members listed above. Sponsors of HB-1222 would certainly like to have you copy them as well. (See list below.) Together with HB-1203, banning text messaging when driving will do a lot to increase safety for bicyclists on our NH roads.

Be aware that HB-1222 does not ban using a cell phone for normal conversations when driving. The key factor is the amount of time a person must focus on a cell phone keypad and display screen. The period of concentration when texting far exceeds talking or dialing a number, and "speed dial" or "voice dial" greatly reduces the time a motorist takes his/her focus off the road. Some people equate texting to be the same as simple cell phone use since the same device is used, or even compare eating while driving to be the same level of inattention. Texting requires far more concentration on the phone itself and diverts attention from driving far longer than making a cell phone call or taking a bite from a sandwich. Seconds count when driving, and attention to the road and traffic conditions cannot be diverted by texting. Like many laws on our books, enforcement may be an issue but preventing crashes starts with awareness of a problem and taking steps to prevent the problem. Safety for all users of our shared roadways is very important to everyone. Banning text messaging while driving only makes sense. Again, please send your supportive emails to the Senate committee listed above by Tuesday, May 6. Sponsors of HB-1222 follow:

Sponsor: Senator Sheila Roberge, R-Bedford, District 9, sheila.roberge@leg.state.nh.us
Sponsor: Representative David B. Campbell, D-Nashua, District 24, campbelldavidb@comcast.net
Sponsor: Representative Beverly T. Rodeschin, R-Newport, District 2, (no email address, phone 603-863-1941)

HB-1264 in Senate committee on Monday, May 5, at 11:30 a.m.

This bill will ban ATVs from using 162 miles of rail trails which were purchased using Federal Transportation funds. Only snowmobiles were to use these trails when snow cover allowed. The State of NH tried to re-classify ATV's as snowmobiles to bypass the Federal law but that was soundly denied by the FWHA. (To read the letter from FWHA -- click here.) To complete the process of banning ATVs on these trails, HB-1264 must pass the Senate. BWA-NH supports passage of this bill. An informative brochure created by ATV Watch NH may be viewed here.

Previous updates:

The 2008 NH bike bill known as HB-1203 was reviewed on February 12 by the full House Transportation Committee at their scheduled Executive Session. The bill as amended was approved by an 11-3 vote and was sent to the full House for a vote on March 5. It was on the "Consent Calendar" and passed. Next stop will be the NH Senate for another round of hearings, committee reviews, and voting. Dates of these events and the Senate bill number will be posted on this web site once they are defined. Support will be required, just as done for the process in the House.

The amendment introduced by their Sub-Committee added the suggestion that cyclists use reflective clothing or gear at night. This only makes sense and is a common point promoted in all bicycling education circles.

The second item in the amendment deleted the provision of allowing bicyclists to use drive-up windows due to the concern of the state telling private business owners what to do and insurance concerns. This point has been debated and reviewed nationally between Feb. 12 and 15 via BWA-NH inquiries to the Bicycle Coalition of Maine, the League of American Bicyclists, and the Thunderhead Alliance. Bottom line, there seems to be no state with an exclusive law allowing or prohibiting bicyclists to access drive-up windows. In some places it happens, other places it is banned by the business owners. The highly-regarded and referenced 2007 Maine bike law does not give bicyclists the right to use drive-up windows but rather is a statement of liability release for the business owners if a cyclist does use a drive-up service.

BWA-NH may pursue drive-up window access next year but HB-1203 is moving forward as presently amended. The full vote by the NH House takes place on Wednesday, March 5. With the expectation that it will pass, the next stop will be another round of hearings and testimony for the NH Senate. Please be ready to crank-up your emails and letters again for the Senate! Dates of the hearings and contact information will be posted on this web site once the details are known. BWA-NH will keep in touch with Representative Gene Andersen who is the primary legislative sponsor of the bill.

Thank you to everyone who took the time to write, email, or attend the prior sessions to support HB-1203. We have a long way to go yet before this bill is enacted but at least it is moving forward. Please check this web site often for the latest status.

Anyone interested can track this bill and many more by visiting the NH General Court web site:

http://www.gencourt.state.nh.us/ns/billstatus/commdetails.asp?txtcommcode=H27

Many people and organizations have spoken out in support of HB-1203. Have a look at some of the emails and letters already sent from concerned bicyclists. BWA-NH was not copied on all known emails but the sampling below gives a good idea of what has been submitted to date.

Sample emails and letters as submitted -- click here to view.

Background:

BWA-NH is pleased to be working with Representative Gene Andersen of Lebanon to submit legislation for the 2008 session to update NH laws and policies concerning many aspects of bicycling. The "model" for this legislation is the highly acclaimed State of Maine law enacted in June dubbed "the three foot rule" - motorists must pass bicyclists with at least a three-foot clearance. However, a lot more is included in the bill. Lifting restrictions to use a bicycle at drive-up facilities like banks, ATM machines, fast-food restaurants, allowing bicyclists to pass stopped traffic on the right when safe to do so, using the correct turning lanes, and even establishing a state-wide policies for rumble strips, drain grate placement, and road surface treatments are included. Initial feedback from businesses, cyclists, and NH DOT has been very positive. This pending legislation is aimed at responsible and competent cyclists using their bicycles for transportation and recreation. BWA-NH is against children using our roadways and private property such as drive-up windows as playgrounds. Until they learn and follow the rules of the road, and their parents may be the best to judge, they should ride on quiet streets and some sidewalks where relatively safe for all concerned.

Multiple hearings on the bill will be held in January and February. The first hearing was held on Tuesday, January 22, 11:30 AM, Room 203, in the Legislative Office Building, Concord. House Bill HB-1203 as submitted may be viewed here.

"Old news" about HB-1203 -- in case you missed it!

On December 20, BWA-NH announced that a hearing on HB-1203 is scheduled for January 22, 2008, 11:30 AM in Room 203 of the Legislative Office Building, Concord. With some excellent advice from Representative Gene Andersen of Lebanon, we are pleased to issue this "call for action" as required before the hearing.

The initial goal is to convince the NH Transportation Committee prior to January 22 that HB-1203 is important, wanted by many people, and that implementation will cost the State of NH and the public next to nothing. Now is the time to write letters and emails to all members of the Transportation Committee. Contact information is provided below.

We suggest that all letters and emails of support stress that HB-1203 is to help bicyclists be better recognized as legitimate vehicle operators wishing to use roadways and facilities for safer and more practical transportation. With gas prices out of sight and health problems like obesity and diabetes induced by a lack of exercise, we really need to remove barriers that impede using bicycles for transportation and utilitarian purposes. Recreational cyclists will also benefit from the bill, but the emphasis must be placed on transportation, not recreation. Tourism and recreational cycling can be mentioned but we are addressing the Transportation Committee with actions requested by NH DOT and NH DOS. If the Transportation Committee gives a positive recommendation for HB-1203, passage by the full House is nearly assured. This is why the NH bicycling community must write letters and emails to the Committee starting now! Each member of the committee needs to hear from you, not just the chairman.

Members of the NH Transportation Committee are listed on the following web site:

http://www.gencourt.state.nh.us/ns/billstatus/commdetails.asp?txtcommcode=H27

For reference via this document, below is the contact information for each member of the Transportation Committee. We suggest that all letters and emails of support relate to your personal experiences and foreseen need of HB-1203. Phone calls to the members are not desired. Please consider sending a copy of your correspondence to BWA-NH, 163 Manchester St, Suite C, Concord NH 03301-5143, or email info@bwanh.org. In case of bad weather and poor travel conditions on January 22, having letters and emails of support sent prior to that date are even more important. Act now!

The initial hearing on January 22 is allowed only 30 minutes so not many people can testify. We want as many people as have something to say to sign cards to testify. They will run out of time and will schedule another meeting and hopefully people will be willing to come back and testify at that time. At the end of the first hearing the Committee should tell everyone when they will be having a follow up meeting and how much time it will be allotted.

2008 NH Transportation Committee Members:

Jim Ryan, Chairman
11 Cricket Hill Way
Franklin, NH 03235-2060
Phone: (603)934-2703
email: jryan@metrocast.net

Robert W. Williams, Vice Chairman
149 East Side Dr #183
Concord, NH 03301-5410
Phone: (603)225-9283
email: robert.williams@leg.state.nh.us

Peter R. Cote
68 Bowers Street
Nashua, NH 03060-3927
Phone: (603)882-9003
email: N/A

Brenda L. Ferland
267 River Road
Charlestown, NH 03603-4139
Phone: (603)826-5034
email: N/A

Jennifer M. Brown
9 Baldwin Way
Dover, NH 03820-4673
Phone: (603)743-0988
email: jennifer.brown@leg.state.nh.us

Pennington Brown
153 Old Hedding Road #40
Epping, NH 03042-2348
Phone: (603)679-1766
email: penningtonbrown@comcast.net

Howard N. Cunningham
358 Wentworth Hill Rd
Ctr. Sandwich, NH 03227-3330
Phone: (603)284-7778
email: cunham@worldpath.net

Carole J. Estes
77 Pleasant Street
Plymouth, NH 03264-1114
Phone: (603)536-1274
email: cestes@makeitplain.com

Paul H. Ingersoll Sr.
49 Gordon Avenue
Berlin, NH 03570-1006
Phone: (603)752-4754
email: ingyp@earthlink.net

Maureen A. Nagle
137 Huse Road
Manchester, NH 03103-3000
Phone: (603)622-3047
email: mairin@earthlink.net

Michael B. O'Brien Sr.
4 Woodfield Street
Nashua, NH 03062-2056
Phone: (603)888-8051
email: obnfd@comcast.net

Stephen H. Nedeau
PO Box 436
Meredith, NH 03253-0436
Phone: (603)279-4794
email: N/A

George N. Katsakiores
1 Bradford Street
Derry, NH 03038-4258
Phone: (603)434-9587
email: N/A

Sherman A. Packard
70 Old Derry Road
Londonderry, NH 03053-2218
Phone: (603)432-3391
email: N/A

John W. Flanders Sr.
28 Danville Road
Kingston, NH 03848-3406
Phone: (603)642-3640
email: jwflanders@hotmail.com

Jean-Guy J. Bergeron
184 Marsh Road
Pelham, NH 03076-3354
Phone: (603)635-7005
email: racing71@aol.com

Mary M. Allen
39 Pond Street
Newton, NH 03858-3415
Phone: (603)382-5665
email: N/A

Peter F. Bergin
PO Box 6295
Amherst, NH 03031-6295
Phone: (603)673-1885
email: pfbergin@gmail.com

David C. Dalrymple
11 Sullivan Court
Salem, NH 03079-2000
Phone: (603)898-4527
email: N/A

For additional details, please email info@bwanh.org or call 603.898.9926. The actual text of HB-1203 as submitted is posted on this web site. Current status of the bill plus the text can be viewed on the NH General Court web site at:

http://www.gencourt.state.nh.us/ie/billstatus/billstatuspwr.asp

Note: For best results when viewing the NH General Court web site, use Microsoft's Internet Explorer. Some display problems have been encountered when using the popular Mozilla Firefox 2.0 browser.

In case our email of December 20 which announced HB-1203 is not available to you, here is the basic text of that email and some thoughts to help write letters and emails of support.

2008 NH Bicycling Legislation: House Bill # 1203

Do you use, or wish to use, your bicycle as a vehicle for transportation or recreation on NH roads?

Do you want to ride on NH roads with maximum safety and be treated as a vehicle operator by motorists?

Do you want NH roads to be built and maintained in a manner favorable to bicyclists?

If so, then support House Bill # 1203.

Don't just grumble to others about what is wrong or talk about your negative bicycling experiences with friends over a pizza. Help resolve the problems from the "top down" by learning about HB-1203 then support passage starting on January 22. Please start writing emails and letters of support to the NH Transportation Committee NOW! They need to hear from the NH bicycling community before the January 22 hearing!

BWA-NH is pleased to be working with Representative Gene Andersen of Lebanon to submit legislation for the 2008 session to update NH laws and policies concerning many aspects of bicycling. The "model" for this legislation is the highly acclaimed State of Maine law as enacted in June 2007. While NH is already a good state for bicycling, it could be a lot better if House Bill 1203 is enacted. Here are some highlights of the bill:

** A motorist passing a bicyclist is to allow clearance of three feet up to 30 MPH then one additional foot for each 10 MPH over 30. (Example: A motorist traveling 50 MPH must allow at least a five foot clearance when passing a bicyclist.)

** Bicyclists would be expected to use the proper and designated travel lanes when making a left turn or if going straight to stay out of a right-turn-only lane. (How many times have unknowing motorists hollered "Get out of the road!" to you when you are in the proper lane for your direction of travel?)

** Bicyclists would be allowed to use drive-up facilities such as bank teller windows, ATMs, fast food restaurants, etc. as now permitted for motorists and motorcyclists. (How can a bicycle be used conveniently for transportation and utilitarian cycling when banned from using destination facilities?)

** Bicyclists would be allowed to legally pass stopped traffic on the right when deemed safe to do so. (Why wait behind a long line of cars and trucks inhaling exhaust fumes if passing on the right is possible with ample clearance? The bicyclist must assume liability, stay out of motorists "blind spots", and obey all other traffic rules including stop lights, stop signs, etc.)

** Roadway design and maintenance must not impede bicycle traffic or induce hazardous conditions. Three items in particular have been identified:

1. Rumble strip design and placement (Example: Routes 9 and 202 in 2007)

2. Road surface treatments being too rough for cyclists (Example: Route 106 in 2006)

3. Drain grates with open slots catch bicycle wheels. (Turn grate 90 degrees or change to "honeycomb" design.)

One key point must be kept in mind as we promote passage of HB-1203. This legislation is aimed at competent adult bicyclists using NH roadways and facilities in a responsible manner for transportation, utilitarian trips, and recreation. There is more and more support for non-motorized transportation as fuel prices and pollution increase while a lack of exercise contributes to obesity, diabetes, and other health problems. Having more people using bicycles more of the time can help, but the environment must be conducive to this form of transportation. If the issues identified in HB-1203 can be resolved with little or no expense, then we have a win-win situation for everyone.

Let's start taking action now by writing letters and emails of support! Check our BWA-NH web site often for updates on the bill and to check the calendar page for when the next hearing is scheduled.

Thank you for your support, and Happy New Year!

Linda Gould
BWANH Executive Director
603.472.3877
linda@bwanh.org

Dave Topham, LCI #39
Education and Safety Director
603.898.9926
dave@bwanh.org

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