Passes & Canyons Blog

This happened to me. We need to do what we can to make sure it doesn’t happen to you or someone you love.

The Colorado House hearing on SB24-065 (Use of Mobile Electronic Devices While Driving) was postponed from Wednesday of this week to Tuesday of next week. It will be held on Tuesday, April 9, in the Legislative Services Building located at 200 E. 14th Avenue, directly south of the Capitol. However, the time is now a bit uncertain because instead of 1:30 p.m. as initially announced, it will take place “upon adjournment,” meaning that right after the main House session adjourns for the day the committee will cross the street and hold the hearing. Upon adjournment could mean as early as 9:30 a.m. This could get tricky.

This is the big one. This bill needs to pass. The idiots out there who think their phone calls are more important than our lives–like the guy who T-boned me on January 18–need to be served notice that this will no longer be tolerated. It happened with drinking and driving. The Mothers Against Drunk Driving group raised a ruckus and this country finally came to the realization that drinking and driving was a deadly hazard to each and every one of us and public attitudes changed. It’s happening with cellphone use while driving and it’s happening here in Colorado next week.

I really don’t know if there will be opposition to this bill. There was none when it passed through the Senate but the last time it was up for consideration there were opponents arguing that it would unfairly affect poorer people who would be less likely to be able to afford the fines.

Will that argument be raised again this time? Because that is such a piece of BS that I will absolutely speak out to counter. First off, avoiding such fines is an extremely simple matter: just don’t use your damn phone while driving. You don’t even have to do anything to avoid a fine, you just do nothing. You just obey the law.

More than that, what about the poor people who are the victims of the distracted drivers? Don’t they count? When they get injured or their cars get totaled because some fool ran a red light and crashed into them they incur real expenses. Hospital bills. Time lost at work. Repairs or a new car. Heck, I had insurance but it paid me a pittance, so when I replaced my totaled car I bought a used one and had to put up an additional $10,000 on top of the insurance money to pay for it. All because some guy I never met and probably would never have known existed felt that his phone call was more important than safely operating the 3,500-pound vehicle he was supposed to be driving.

And I consider myself absolutely blessed because although my car was trashed I was completely uninjured. But how long does it take a car going 15-20 miles an hour (mine) to go two feet? What fraction of a second is that? Because that fraction of a second was the difference between this guy smashing into the back half of my car and not directly into where I was sitting in the driver’s seat. And he was speeding. He hit me hard. The collision tore open the rear end of my car so that although the trunk lid was still closed, tools from my trunk were strewn across the road.

I have supported this bill every time it has come up in recent years but now it’s personal. We have got to get this bill passed. I know people will still use their phones–some of them at least–but with the passage of this law they will know what they are doing is wrong and that will deter at least some of them. And for those it does not deter, they will pay a heavier price. Not heavy enough, but we can worry about raising the penalties later, once we get the general law enacted.

I urge as many of you as possible to show up on Tuesday to support this bill.

Biker Quote for Today

You know you’re a biker when you want to be buried with your bike because you’re not done riding yet.

Twenty-two people testified in favor of this bill, while there were zero speaking in opposition.

Something has changed. I don’t know what, but a switch has been thrown.

I’ve been going down to the Capitol in support of bills to outlaw using cell phones while driving for years and they have never passed. This week at the Senate Transportation & Energy Committee hearing on SB24-065 (Mobile Electronic Devices & Motor Vehicle Driving) there was a palpable difference. There were 22 people who signed up to speak and all of them were in favor of the bill, with none opposed. And when it came to a vote the measure passed unanimously.

Not only that, the mood seemed to be one of “Well of course we need to pass this law. Why in the world would we not?”

Perhaps it is because–finally–everyone involved has seen all too many times the dangerous, sometimes deadly, aftermath of idiots driving with their attention on their cell phones rather than on the road. There is simply no denying any more that this is a scourge every bit as horrendous as drunk driving used to be. In fact, studies have shown that the driving ability of someone using their phone is almost indistinguishable from the driving ability of someone who is completely drunk. Who among us defends drunk driving? Who among us would defend using your phone while driving? Are you an idiot?

The battle is nowhere near won yet but it’s looking better than ever before. In the last session the bill was finally passed by the Senate but died in the House. This session it still needs to be passed by the Senate and then we’ll see what the House does.

In the past I have attributed the refusal of legislators to move forward on this because they themselves were guilty of exactly the behavior that would be outlawed. But as I said, a switch seems to have been thrown. The mood is very different. And that’s all the more reason why, when the bill comes up in the House, we all need to put extreme pressure on our representatives to get this bill passed. Finally!

You can bet I’ll be keeping you updated as this proceeds. Meanwhile, I’ll be sending a letter to the editor of The Denver Post recapping a lot of what I’m saying here, at a time appropriate to the issue. If you did, too, and we inundate them with them maybe we can get the newspaper to come out strongly behind this, too. Stay tuned.

Biker Quote for Today

Life may not be about your bike, but it sure helps you get through it.

Do you see that woman on the opposite corner? If this idiot had come along five seconds sooner it would have been her he hit instead of me.

If you want your voice to be heard now is the time to speak up. There are two bills coming up in the Colorado legislature that are of interest to motorcyclists.

On Wednesday, February 7, at 1:30 in room 352 at the Capitol, there will be a hearing on SB24-079 (Motorcycle Lane Filtering & Passing). Here’s the bill summary.

The bill authorizes a 2-wheeled motorcycle to overtake or pass another motor vehicle in the same lane if:

The other motor vehicle is stopped or moving in the same direction of travel as the motorcycle;
The road has lanes wide enough to pass safely;
The motorcycle is moving at 20 miles per hour or less; and
Conditions permit prudent operation of the motorcycle while overtaking or passing.

A motorcycle rider overtaking or passing under the bill must not overtake or pass:

On the right shoulder;
To the right of a vehicle in the farthest right-hand lane if the highway is not limited access; or
In a lane of traffic moving in the opposite direction.

If you want to promote–or oppose–this bill come on down and have your say.

Then, on Monday, February 12, at 1:30 in room 352, there will be a hearing for SB24-065 (Mobile Electronic Devices & Motor Vehicle Driving). Here’s the summary on that one.

Current law prohibits an individual who is under 18 years of age from using a mobile electronic device when driving. The bill applies the prohibition to an individual who is 18 years of age or older unless the individual is using a hands-free accessory. The following uses are exempted:

By an individual reporting an emergency to state or local authorities;
By an employee or contractor of a utility when responding to a utility emergency;
By a first responder; or
By an individual in a motor vehicle that is parked.

The penalties for a violation are:

For a first offense, $75 and 2 license suspension points;
For a second offense within 24 months, $150 and 3 license suspension points; and
For a third or subsequent offense within 24 months, $250 and 4 license suspension points.

A violation will be dismissed if the individual has not previously committed a violation, produces proof of purchase of a hands-free accessory, and affirms, under penalty of perjury, that the defendant has not previously claimed this option to dismiss.

Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The bill clarifies that the peace officer must record whether the bill has been violated.

The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, is required to create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving.

I don’t know about you but I could not endorse this bill more strongly, and I do plan to be there to testify. With my recent T-boning by some guy whose eyes were somewhere far from the road I have a really personal interest here. And while I was unhurt, viewing the dash cam video captured by the car behind the guy who hit me, it is clear that if that guy had been about five seconds sooner he would not have hit me but would have hit–and very possibly killed–a woman who crossed the street just before I got to the intersection. What is wrong with these people!!?

Now, if you can’t make it down to the legislature you should at least contact your senator and representative and tell them you support these measures. It’s that kind of personal contact that sways their votes. This is important.

Biker Quote for Today

I love motorcycles because you only ride forward, away from all the crap you’ve left behind.

At least out here you don’t have much concern about distracted drivers.

Stump, the legislative liaison for ABATE of Colorado, continues sending updates on legislation at the capitol and he has sent out an alert about the pending distracted driving bill. This bill would make it illegal to use a cellphone while driving except in hands-off mode. It has been brought up repeatedly over the past few years and each year it gets further in the process.

Here’s the latest:

SB22-175 is scheduled to be presented to the House Transportation & Local Gov’t Committee next Tues or Wed (April 26/27). Committee member info is below. Please reach out to these legislators to request their support. Thank you for your continuing support on trying to make Colorado roads safer for everyone.

Tony Exum, Committee Chair
tony.exum.house@state.co.us
303-866-3069

Meg Froelich, Committee Vice Chair
meg.froelich.house@state.co.us
303-866-2921

Andrew Boesenecker
andrew.boesenecker.house@state.co.us
303-866-2917

Marc Catlin
marc.catlin.house@state.co.us
303-866-2955

Matt Gray
matt@matthewgray.us
303-866-4667

Edie Hooton
edie.hooton.house@state.co.us
303-866-2915

Mandy Lindsay
mandy.lindsay.house@state.co.us
303-866-3911

Andres Pico
andres.pico.house@state.co.us
303-866-2937

Janice Rich
janice.rich.house@state.co.us
303-866-3068

Tom Sullivan
tom.sullivan.house@state.co.us
303-866-5510

Donald Valdez
donald.valdez.house@state.co.us
303-866-2916

Tonya Van Beber
Tonya.Van.Beber.house@state.co.us
303-866-2943

Kevin Van Winkle
kevin.vanwinkle.house@state.co.us
303-866-2936

In an earlier update Stump also noted that “Senate Minority Leader, Sen. Holbert, gave a very ‘persuasive’ argument in support of the bill at 2nd reading, citing how his personal distracted driving experiences have changed his view to supporting a bill which he had opposed in the past.”

That is why this bill keeps gaining support. Maybe this year we can get it passed.

Biker Quote for Today

What do you get when you mix a motorcycle with a joke? A Yamahaha.

Bikes coming down Pikes Peak.

I’ve gotten a couple legislative updates recently from Stump, ABATE of Colorado’s legislative liaison. He says it is possible that there may be movement this year on lane-splitting and also on the long-delayed distracted driving bill.

Forbidding the use of cell phones, except in hands-off mode, is an idea that has gained in support over the years, and it looked like the time was at hand just before Covid hit and the work of the Colorado Legislature got pared back to the bare essentials. Two years ago the Senate Transportation and Energy committee moved the bill ahead unanimously but then things went haywire.

According to Stump, General Motors has now decided to put its weight behind such measures:

Lastly, I received the following from Susan Dane, the person spearheading the distracted driving bill the past few years:

It appears General Motors is interested in supporting distracted driving legislation in Colorado. I’ve learned that they have provided support in other states related to this type of legislation. I’m working to set up an initial conversation with their people to see what this may look like. Don’t know where this may go, but it’s hopeful to hear that a major player like GM could get involved. I’ll let you know how things go.

She couldn’t get a sponsor for a bill last year but it looks like something might happen this year.

So we’ll see what comes of this.

As for lane-splitting, here is Stump’s bullet-point list of the status:

Hooked up with professional lobbyist – Sundari Kraft with Ascent Strategies LLC. Signed contract (required by law) for help PRO BONO!
Advantages: good connections with Legislators; more knowledgeable about bill process; great advocate but still considers ABATE to be subject matter expert.
Might “piggyback” on highway safety bills being submitted by Reps. Garnett or Larson.
Met with her to give basic “parameters” about a possible bill and ABATE’s concerns. Gave my personal guidelines (Similar to Oregon’s proposal, which I think has a chance of passing):
Permitted on multi-laned highways with speed limit of 55 or higher
Traffic stopped or moving in the same direction at 10 mph or less
Travel up to 10 mph faster than traffic
NOTE: I don’t think lane filtering would have a chance of passing and these parameters might work, which would allow motorcyclists to lane-split on the interstates when it’s 100 degrees out and traffic is backed up. But remember, it’s not mandatory.

As for creating a separate definition and category for autocycles, Stump noted that the bill is scheduled for committee hearing on February 1.

The big news is that bills are being scheduled in committees and HB22-1043 (Motorcycle and Autocycle Definitions) is scheduled for Tuesday, 2/1 at 1:30 pm, in LSB-A. That’s the building across 14th street from the Capitol (SE corner of 14th & Sherman). If you haven’t emailed the 12 members of the H-T&LG Committee yet, please do so in the next week. Here’s the list of members for your convenience:

Tony Exum Sr. (Chair) — tony.exum.house@state.co.us
Matt Gray (Vice-chair) — matt@matthewgray.us
Andrew Boesenecker — andrew.boesenecker.house@state.co.us
Marc Catlin — marc.catlin.house@state.co.us
Meg Froelich — meg.froelich.house@state.co.us
Edie Hooton — edie.hooton.house@state.co.us
Andres Pico — andres.pico.house@state.co.us
Janice Rich — janice.rich.house@state.co.us
Tom Sullivan — tom.sullivan.house@state.co.us
Donald Valdez — donald.valdez.house@state.co.us
Tonya Van Berber — Tonya.Van.Beber.house@state.co.us
Kevin Van Winkle — kevin.vanwinkle.house@state.co.us

It’s really important that you contact them, so they know this is important to Colorado motorcyclists and we’re really concerned that autocycles have their own category for the purpose of maintaining accurate accident and fatality data. Thanking you in advance.

That’s it for now. Updates to come.

Biker Quote for Today

You might be a Yuppie biker if you drink cappuccino instead of beer.

“I can’t wait till we’re old enough to have our own motorcycles!”

There are apparently millions of people who think they can safely drive while texting or doing so many other things that take their eyes off the road and their attention off the incredibly important activity of actually driving their car. Those people are idiots.

I never use my phone when I’m driving and I am an extremely careful, defensive driver. And rider.

And yet, despite all my care, I sometimes find myself in potentially dangerous situations. Safety is hard!

If I thought about it I’m sure I could come up with any number of dangerous times I’ve had on the bike, but I don’t have to think too hard to come up with the one that happened on Sunday.

I had been on a portion of the Old Bike Ride 17 and was headed home. I came into town on 6th Avenue and turned south on I-25. I quickly merged one lane to the left and wanted to move one lane further to the left. I turned my head to get a clear view of traffic, saw that it was clear and signaled and accelerated, all in the space of a couple seconds, and turned my view back to the front only to find the traffic in front of me had slowed down and I was already uncomfortably close to the rear end of the car in front of me. I was already moving left so I just accelerated that move and didn’t have to brake or even roll off the throttle and all ended well.

But that’s how it works. You have to pay attention ALL THE TIME. Conditions change in an instant. If you think nothing can go wrong in the three seconds you spend looking at your phone . . . you’re an idiot!

Biker Quote for Today

I have to get a license to drive a motorcycle to protect myself and the people around me. I am adamant there should be some sort of licensing required to have children. — Tim Allen

The Colorado House just blew an opportunity to make roads safer for motorcyclists and others.

After coming all the way through the Colorado Senate, the Colorado House has killed the bill that would have made it illegal for drivers to dial or text with their phones while driving. The vote, on Tuesday, was 11-0 in the House Judiciary Committee.

Senate sponsor, Lois Court, said she is not done with this measure and it will return next session.

The American Civil Liberties Union was one of the chief opponents of the bill. The ACLU argued that “all the studies tell us that banning their use or imposing high fines on their use doesn’t stop the use.” Denise Maes, Public Policy Director for the ACLU, also expressed concern that the law could be used as a cover for racial profiling.

No, banning and imposing fines would not stop people from using their phones but I have to believe it would at least reduce their use. Laws against murder do not stop all instances of murder but you better believe it happens a lot less frequently than it would if it were legal. As for racial profiling, Colorado is not known as having a high incidence of that, unlike some other cities we could name. But if a bad cop wants to do it he or she always knows some law they can use. It’s not like this would have been the only one they could turn to.

So this was a very sad day. Drivers need to hang up their damn phones and drive.

In the meantime, there is other activity of interest at the Capitol.

Per Stump: “SB19-144 (Motorcyclists and Malfunctioning Traffic Signals) passed through 2nd and 3rd readings in the House chambers this week with one small amendment at 3rd reading to correct a “grammatical” error. Of course, that meant it had to go back to the Senate for concurrence on the House amendment, which was easily handled this week also. So now it goes to the Governor for his signature.”

Biker Quote for Today

Fake bikers have an image to maintain. The real bikers just don’t give a damn.

Who hasn’t been stuck at a light that does not recognize you on your bike?

Usually, for strong supporters of a piece of legislation, amendments mean a less favorable bill. That is not the case in the Colorado legislature with the proposed Senate Bill 144, known as the dead red bill. This bill is intended to address the issues motorcyclists face when traffic signals do not recognize their presence.

Currently state law says that you must wait for two cycles of the light before you can run the red. The catch-22, of course, is that if it doesn’t recognize your presence the light is not going to cycle so you can sit there forever. A revision was proposed that requires you to sit and wait for two minutes, at which time you are free to run the red.

Well, in the hearing on Tuesday the Colorado Municipal League objected to that wording. Their representative explained that they had spoken with law enforcement folks and the two minute requirement was deemed unenforceable. Then an amazing thing happened. The League, the Colorado Department of Transportation, and the Colorado State Patrol got together and concluded the best language was simply to say that the motorcyclist should treat the light as they would a 4-way stop. Come to a complete stop, wait until it is safe, and then proceed.

Wow! How absolutely logical! And the great thing is that this amended bill was approved by the committee unanimously. With any luck it might make its way out of the Senate over to the House by the end of this week. Don’t you love it when government works!?

Distracted Driving
Also of interest at the capitol on Tuesday, the distracted driving bill that would make it a primary offense to be holding an electronic communications device in your hand while driving–talking on your cellphone–also moved ahead, this time with some amendments. In order to win approval the bill was watered down a little more than it already had been in terms of the penalties.

Rather than a $300 fine for the first offense, the first offense would be set at $50, second at $150, and third at $300. Opponents working for these reductions made the argument that it works better to establish incentives rather than punishments. As Stump said in response, gosh, not incurring a $300 fine would seem like a pretty darn good incentive. And it doesn’t cost a penny to not use your phone while you’re driving.

Nevertheless, legislation is often a matter of baby steps. The most important things here are that using your phone while driving would become a primary offense, meaning the cops can stop you for that reason alone, and it would no longer be necessary to prove you were texting, which the current law against texting while driving requires. All it requires is that the cop sees you with your phone in your hand.

I guess considering that people now text or call with no fear of repercussions it makes sense to give them a break-in period with low fines. Then, once everyone knows that this is no longer permitted, perhaps fines can be increased, if indeed that is shown to promote compliance. Regardless, if we can get at least a significant percentage of drivers to hang up their dang phones while driving it will make the roads a lot safer for us and for them, too.

Biker Quote for Today

Never sell a motorcycle – it is a part of you. Just buy more.