Passes & Canyons Blog

The guy who smashed my car would now also be cited for using his cellphone while driving.

It’s not as good as it could have been but it’s better than nothing, I guess. On the final day of the latest legislative session the Colorado House and Senate worked out a compromise hands-free bill and passed it, sending it to the governor for his signature.

As passed in the Senate, SB 24-065, Mobile Electronic Devices & Motor Vehicle Driving, would have made holding your phone while driving a primary offense, meaning the police could stop you simply for violating that law. Instead, the House insisted that it be a secondary offense, meaning you can’t be stopped for it but if you are stopped for something else the officer can also charge you for this violation.

The reasoning, as I understand it, is that some legislators feared it could be used by the police to selectively profile drivers and choose to stop them or not based on things like ethnicity. Sadly, that sort of fear has had plenty of foundation in reality but honestly, if a cop wants to harass someone, if they can’t use this law they’ll just use a different one. Weakening this law will not have any effect on that at all. But it will make it harder to enforce this law.

Still, I can tell you what will happen, at least at times. Cops will see someone using their phone and they will dig as deep as they need to to come up with some other reason for stopping them, then “let them go this time” on the “offense” they stopped them for but cite them for the phone usage.

I know this will happen because it happened to me once in regard to driving without using a seat belt, which was and is still a secondary offense in Colorado. I was on I-225 going the same speed as the traffic around me but I did not have my seat belt fastened. The state patrol guy stopped me for “speeding.” But, being a nice guy (right!) he let me off on the speeding but did cite me for the seat belt.

Bottom line, though, what will happen as a result of this legislation? Will drivers finally start to realize they need to put their damn phones down and concentrate on the number one thing they are doing–driving! My guess is some will. Not all but some. And not as many as would have if it had been made a primary offense. We don’t want to reject what is good because it is not perfect. Any progress is still progress. But it could have been better.

Biker Quote for Today

Owning a motorcycle is like eating biscuits in church–many will judge you but secretly they all want to be you.

The Colorado Capitol Building, where it’s all happening.

I may well be updating this post right up until it gets posted but as I write this now on Sunday afternoon it appears the Legislature is in session and at work on the bill this moment. This bill being SB 24-065: Mobile Electronic Devices & Motor Vehicle Driving.

This morning I got an email from Stump, legislative liaison for ABATE of Colorado, reporting that it had been approved on second reading in the House. When I checked a short while ago it had come up on third reading and then when I came back to it just now it had been amended.

So now what I’m unclear on is whether this means it will need to go back to the Senate to be re-approved with the amendments. I think so. Does it go to a conference committee of the two houses to be reconciled and then need to be passed again by both houses? Is there time to get that done at this late moment in the session? I’m unclear.

What I am clear on is that my initial sense that this year is different, that this year the opposition to this bill has fallen away, was correct. After easily passing the Senate the bill came up in committee in the House and passed out of the House committee by an 11-0 vote. Now I see that on the House floor there have been several votes and the most recent vote was 55-6 in favor. This baby is going to pass! And the governor darn well better be planning to sign it. I can’t imagine he won’t.

Do we dare to think that by the time I click “Publish” on this thing tomorrow that it will be on its way to the governor? It might.

Update
OK, it’s Monday afternoon and the Senate voted not to concur with the House amendments. Before that vote I heard from Stump who said, “With 3 days left in the session and a ton of work to get done, it’s hard to say if there’s enough time to get SB24-065 passed the way we want it. We don’t like the latest amendments that were added, so we hope the Senate will reject them since the bill has to be reviewed by them and then send the bill to a conference committee. That all could happen in time as I saw a bill last week pass through a committee hearing, then through 2nd and 3rd reading in one day.”

Biker Quote for Today

Great memories happen when you don’t know where you’re going.

Bike Week in Daytona.

I haven’t gone after this thread in a while: What stupid things do people ask you when you’re on your motorcycle? Let’s dig in.

• A guy in a weird car with lights and stuff, stops me and asks: Do you know how fast you were going?
• The other day in a shopping center parking lot, a guy asks me if that is my bike. As I’m mounting up, I say “no…but it’s about to be.”
• A few years ago, I was refueling in West Yellowstone on a bleak, 45° very rainy day. Across the pump island, was the father of a bunch gassing up the family minivan. The Dodge was literally rocking from all the kids jumping around inside. Mr. Griswold looked over at me, kinda smirked and said, “I’ll bet you’d like to trade with me right now.” I smiled and said, “Let me ask you: Has every day of your marriage been like your honeymoon?” He thought for a second and replied, “I get it.”
• When people ask me how fast my bike can go, I usually say, “I don’t know.” People don’t really know how to respond, so they just look at me. Sometimes they’ll ask me in a condescending tone how I don’t know, then I’ll tell them, “I may be slow, but I’m alive.”
• Situation: It’s getting toward dusk/dinner time, and has begun to rain. Q: “How are you going to get home?!?” A: “I put on my pants, jacket, helmet, gloves, turn the key, start the engine, then start my normal riding onto the road from the parking lot, and take the way I normally take. Its really quite simple.” Questioner: “Huh?”
• A few years back I was riding with 2 buddies in the Texas Hill County. As we approached a town we slowed down. Unfortunately not enough as the cop clocked us at 101. Another mph and we would have been arrested. The stupid question came when the cop asked how fast the bikes could go. Given the situation we declined to answer.
• I usually leave my helmet on when I ride the elevator on my way to work, to free up my hands and not bang it into the sides of the crowded elevator. So this guy says “You ride your motorcycle to work today?” and I said “No, just being real safe in my truck!”
• Many moons ago while on a Suzuki a guy walks by and says, wow, I didn’t know Suzuki used the same motors as Kawasaki’s, looking puzzled I assured him that they each made their own power plants, he said no they both use motors made by “Dohock,” as he pointed to the DOHC cast into the end cover.
• I was asked the dreaded “Sir, do you know why I pulled you over?” by an LAPD motor officer. I had been making way too good of time down a mid morning freeway (about 90 indicated) and I actually laughed and said “I sure do.” Ended up with a warning and a nice conversation with a fellow rider.
• Q: “Did you drive them all the way from Germany?” A: “Yes, but we had to change the water tires in New York.”

People say there are no stupid questions. I’m not so sure.

Biker Quote for Today

“Animals travel on all fours. Mankind on two. Motorcycling is not a means of transport but an ideology, a nomadic way of life.” -– Amit Reddy