Passes & Canyons Blog

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.

When “going for a scoot” really means scooting.

I spoke last week about the planned hearing on the latest dead red bill being on Tuesday, but due to weather(?) or whatever, it did not happen and was rescheduled for same time, same place this week. That is to say, 2 p.m. Tuesday in room 352. So if you have a chance to show up in support, that would be a good thing.

Beyond that, I’m just going to make it easy for myself by again pasting in Stump’s report.

Today is the 72nd day of the 72nd Colorado General Assembly and 197 Senate Bills and 250 House Bills have been introduced. SB-012 (Use of Mobile Electronic Devices While Driving) has passed the 2nd and 3rd readings in the Senate. As soon as it’s assigned to a House committee
(and it might not be the H-T&LG) I’ll send out an action alert with contact information so we can contact the committee members and ask for their support on the bill. There have been a couple amendments passed, so the Engrossed version is different than the introduced version.

You can read the latest version at: http://leg.colorado.gov/sites/default/files/documents/2019A/bills/2019a_012_eng.pdf

The title has been changed, so the entire engrossed version is double underlined indicating Senate Amendments. The big change is lowering of the fines and points, which basically had to be done to pass the bill. It’s still a good bill though and hopefully will make our roads safer.
SB-144 (Dead-Red Bill) is scheduled for S-T&E Committee hearing on Tuesday, 3/19, at 2:00 PM. There will be an amendment introduced to delete the “wait for 2 minutes” but add in “the signal doesn’t recognize a motorcycle” so it allows the rider discretion on when to proceed.

There are also a couple other bills I’m keeping a close eye on: SB-175 and HB-1221. SB-175 (Serious Bodily Injury Vulnerable Road User Penalties) is scheduled for a Senate Judiciary Committee Hearing on Monday, 3/18. This bill would increase the penalty for causing serious
bodily injury to vulnerable road users and motorcycles are on the list. You can read it at: http://leg.colorado.gov/bill-search?field_sessions=57701&sort_bef_combine=field_bill_number%20ASC&search_api_views_fulltext=SB19-175&field_chamber=2&field_bill_type=75.

HB-1221 (Regulation of Electric Scooters) is also on my radar, which includes EPAMD. It’s scheduled for a H-T&LG Hearing on Tuesday, 3/19. More info later.

OK, so I’m interested in this regulation of electric scooters thing Stump noted. But it occurs to me, is the proposal related to those little stand-up things, like Lime, or in regard to the scooters that we’ve had forever, only powered by electricity? I suspect it is the former so that would not be of all that much interest to motorcyclists. We’ll see.

Biker Quote for Today

With cars’ air conditioning, kids, radio, mobile phone, etc. they just don’t hear you. The only ones that hear you are the ones you tick off.

Just a shot of a vintage bike.

OK, the time is now to contact your state senator in support of this distracted driving bill, SB-12. The bill would be a step toward persuading the idiot cagers that it is not OK to be using your phone while driving and, um, oh, by the way . . . mowing down pedestrians, bicyclists, and motorcyclists while being distracted by that phone.

The bill was passed out of committee a while ago, then made its way through the Senate appropriations committee, and will now come up for a vote on the floor of the full Senate on Thursday this week. We all need to contact our senators and urge them to support it. I do admit I have an advantage here, and will not be contacting my senator. That’s because she was the sponsor of the bill. I think I can rest assured that Sen. Lois Court will vote for it. For everyone else, if you don’t know who your senator is, here is a link that will help you find out: https://leg.colorado.gov/find-my-legislator

There are also two other bills of interest that you may also want to contact your legislators about. I’ll quote from an email from Stump on these:

Also, on Tuesday, 3/12, SB19-144 (Motorcyclists & Malfunctioning Traffic Signals) will be heard by the S-T&E Committee Hearing at 2:00 PM in room 352. Reminder to contact the S-T&E Committee members ASAP and ask for them to vote yes on the bill. It’s also very important for people to show up and testify or just show “silent support” on Tuesday. (It’s a Traveling Trophy Points event too!) Please do your “grass-roots” part and attend this important hearing. Thanks.

A bill was introduced last Friday, 3/1, SB-175 (Serious Bodily Injury Vulnerable Rd. User Penalties) and it slipped by me as it’s assigned to the Senate Judiciary Committee. But the word “motorcycle” in the bill caught my attention. The bill lists motorcycles as “vulnerable road users,” along with 19 other users, and causing serious bodily injury to a vulnerable road user could result in license suspension for 1 year. I’ll be watching this bill more closely as it goes to S-Jud. Committee hearing on Monday, 3/18. The bill can be read at: http://leg.colorado.gov/bills/SB19-175.

Lastly, as you know the wording in each bill has to be precise so there is no confusion as to the intent of the bill. Last year a bill was passed which changed wording in a previous bill from “and” to “or” (probably a big deal, I don’t remember). This might be helpful information for testimony as SB-144 is basically just changing some wording to make the law definable for motorcyclists. The point being is that HB19-1148 changes the maximum jail sentence for certain crimes from one year to three hundred sixty-four days. I just might have to attend the next hearing on this bill to hear why this bill has been introduced.

Biker Quote for Today

Why Motorcycles are Better than Men: Motorcycles don’t say smart-alecky dumb stuff.