Sunday, October 24, 2021

A Simple Solution

  First, let me say that in my years of bicycle commuting to work, I found most of my route, especially the ride along T street safe and pleasant. Most of the way T street had bike lanes and shady trees, The car drivers seemed aware and considerate. Bicyclists and autos got on well. Largely because of the bike lanes, I suppose.

Another disclaimer: I have seen insane, kamikaze bike riders that I marvel are still alive, Here I am talking about normal, reasonable, bicyclists who try to bike safely and legally.

There are other streets in Sacramento where this is not the case. Many streets, busy streets, do not have any bike lanes. Bicyclists are forced to share the road, riding in the gutter or as close to parked cars as they can. Additionally, too many drivers behave in rude and dangerous ways - coming up close to the bicyclist and honking and / or passing within inches of the bike rider even when there is an empty lane on the other side.

The law says that cars are to allow 3 feet between the vehicle and the bike. I am not sure that is even possible. Most bike lanes are no more than 3 feet and the bicyclist cannot realisticly ride on the extreme side to leave the full lane to that space. And some car lanes are not very wide. So, pretty much no one obeys the 3 foot law, but many drivers do not even try. That is not our complaint. It is the honkers and those who crowd the bikes even though they themselves have plenty of room. (Where there is not room, drivers ought to slow a bit when passing a bike where it's crowded)

Nothing is done about drivers engaging in rude and dangerous behavior, basically assault.
Legal definition of assault:
"At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
"An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery."
"Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition."
The bicyclist is too busy just trying to stay alive to whip out a camera and record the activity or the car license, and almost no one else sees it, recognizes what happens, or cares to get involved. Almost never does law enforcement witness the event. And if they did, then what? This kind of traffic and safety violation is seldom, if ever prosecuted.

This is what we think should happen. Drivers committing this assault, should have their "weapon" (vehicle) confiscated and be sentenced to use a bicycle as their primary transportation for one year. Day and night, all seasons. The government can loan them a bike, even an e-bike if peddaling is a hardship, and trade back at the end of the year.

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