Passes & Canyons Blog

Hearings will be held this week on legislation concerning motorcycle lane-splitting and the need for transponders when motorcycles use HOV lanes.

The hearing on House Bill 16-1205, to allow lane-splitting, will be at 1:30 p.m. on Wednesday, Feb. 17, in room 0112 at the Capitol. Senate Bill 16-123, on HOV lanes, will be taken up on Thursday in Senate conference room 352 following the Senate’s adjournment, at around 10:30 to 11:30 a.m.

HB 16-1205, sponsored by Rep. Gordon Klingenschmitt (R), from the Colorado Springs area, reads as follows:

Concerning An Exception To The Prohibitions Against Driving A Motorcycle Around Motor Vehicles Blocking The Lanes Of Traffic Moving In The Same Direction.

Currently, the driver of a motorcycle is prohibited from driving between rows of motor vehicles or overtaking on the right. The bill allows motorcycles to drive between rows of motor vehicles or overtake on the right when traffic is moving at less than 5 miles per hour if:

• The motor vehicles that the motorcycle is driving around are traveling in the same direction as the motorcycle and at no more than 5 miles per hour;
• The motorcycle is driven no faster than 15 miles per hour; and
• The motorcycle does not exceed by more than 10 miles per hour the speed of traffic the motorcycle is passing.

Overtaking on the right is not allowed when a vehicle is using the shoulder.

The Colorado department of transportation may notify the public of these changes.

FYI, this bill does not meet the criteria desired by ABATE of Colorado and because there was no time for the ABATE board to discuss it the group will not be taking a stand for or against it.

The Senate bill is quite brief:

Concerning Free Access For High Occupancy Vehicles To High Occupancy Vehicle And High Occupancy Toll Lanes On State Highways, And, In Connection Therewith, Prohibiting The Department Of Transportation And The High-Performance Transportation Enterprise From Requiring A Vehicle Owner To Use A Switchable Transponder Or Other Device In Order To Travel In A High Occupancy Vehicle On Such A Lane Without Paying A Toll.

The bill prohibits the department of transportation or the high-performance transportation enterprise from requiring a vehicle owner to use a switchable transponder or other device in order to travel in a high occupancy vehicle on either a high occupancy vehicle lane or a high occupancy toll lane on a toll-free basis.

Can’t get much clearer than that. If you’re on a motorcycle and use an HOV lane you don’t need a transponder to freely do what you are legally allowed to do. The bill is sponsored by Sen. Kevin Lundberg, from the Fort Collins area. ABATE will be supporting this one.

I’m planning to be there so I’ll report back on what happens. If you want your voice heard, come down and testify.

Biker Quote for Today

You’re a biker wannabe if you like to ride by stores with big picture windows so you can admire your reflection.

I went on Tuesday to the hearing on Colorado Senate Bill 16-122 expecting it to be in regard somehow to the Colorado Motorcycle Operator Safety Training (MOST) program. That’s what you get for assuming.

All I had to go on was an email from Bruce Downs, state coordinator for ABATE of Colorado, saying the hearing would be happening and he was going to be testifying. I downloaded a copy of the bill and did my best to interpret what it was about. I was completely wrong.

Just as the bill said, it was about conducting audits of the Colorado Department of Transportation’s (CDOT) management of its contracts. So where does this tie in to motorcycles?

After his testimony Bruce explained it to me.

“I had a public forum and I could ding somebody so I did.”

The dinging in this case was in regard to both the MOST program and the requirement that motorcycles have transponders to use HOV lanes. From his statement:

Per the statute there was a limit put on how much could be spent on administration, yet CDOT’s actions indicate they do not feel they have to abide by the law and do not have to be accountable for their actions.

And:

Under federal law a motorcycle is considered an HOV under all conditions but CDOT didn’t seem to care. They wanted their $35 “deposit” for a transponder and if one was obtained three would be no “charge” for us to use the lane. If we did not have a transponder then there would be a fee and a fine. How does having a transponder make a difference if you are an HOV or not? What a double standard.

So while Sen. Randy Baumgardner was interested, with his bill, in greater transparency in CDOT, Bruce wanted to bring other issues to his attention, as well as to the attention of those on this committee. It’s a building block, not a whole building.

Did it do any good? Who knows. Maybe. After going through all the other formalities, rather than vote the bill up or down, Baumgardner asked that it be set aside, presumably for some revision. We’ll just have to wait and see what comes next.

Biker Quote for Today

Motorcycles are very useful and have almost annihilated distance and cheap clothes.

Let’s rejoin the discussion of motorcycles needing transponders to use HOV lanes without paying a fee.

I heard at Sunday’s ABATE D-10 meeting that state Sen. Kevin Lundberg, from the broad Fort Collins area, is planning to introduce a bill that, while not directed specifically at motorcycles, would nevertheless address the issue. Apparently Lundberg’s broader concern is the idea of requiring anyone–in cars or motorcycles or whatever–to have a transponder to use HOV lanes. Let’s just go back, Lundberg is saying, to last year when all you needed to drive in an HOV lane was two people in your car. Of course, that system also including allowing any motorcycle to use the HOV lane with no other requirement. While as written the legislation apparently does not say anything about motorcycles, Lundberg has indicated that he would seek an amendment that does specifically include motorcycles. That’s why ABATE has Stump working as a (non-paid!) lobbyist down at the Capitol, to get that kind of motorcycle consideration included in these bills.

It makes total sense to me. The old system was working; why did it need to be fixed? The way it has been revised there is no way for an out-of-state rider passing through to know that they need a transponder–all they would know is that motorcycles are allowed in HOV lanes so let’s do it. Boom: you get a bill in the mail when you get home.

Also, why should anyone, in a car or on a bike, have to pay for the transponder (bikes excluded on this one) and sign up with their credit card and an initial $35 deposit taken (bikes not excluded here) just to–once again–use the HOV lanes that used to be wide open? You’re adding cost, bureaucracy, time spent, and all the rest. I mean, go ahead and require transponders for anyone interested in taking the toll lanes. We all have the choice to use those or not. But don’t inflict all this on people whose only interest is in using the HOV lanes that they are entitled to use per the laws that created them.

So this is another piece of legislation, along with the lane-splitting proposal I mentioned earlier, that I’ll be watching and keeping you informed on. Bruce Downs, ABATE’s state coordinator, made the point at the meeting that when this bill comes up in committee we’re going to want to blanket that hearing room in black leather.

“It has an effect. It really does,” he said.

Could be an interesting legislative session.

Biker Quote for Today

“The Bikers Code” — All men and women are created equal. Then some take a step up and become bikers.

Stump is the Legislative Affairs Officer for ABATE of Colorado and he has been working with the state to ensure that motorcyclists are treated appropriately–in regard to federal law–when it comes to this whole thing with HOV lanes and the requirement to have a transponder on the bike.

Stump can’t do it all. The more people who speak to their elected state officials the more they will pay attention. Here are 10 talking points Stump has put together that sum up the argument pretty well. If you have the opportunity to say anything to your state rep–or if you choose to do so on your own initiative–these are the kinds of things you might want to say to them. (I’ve tweaked a couple for grammar and clarity.)

1. Motorcycles are considered a high-occupancy vehicle (HOV) under all conditions per 23 USC 166 (b) (2) (A).

2. Federal funds were used to build the HOV/HOT lanes, qualifying the use of motorcycles as an HOV per #1 above.

3. Adding a requirement/restriction for motorcycles to use an HOV lane is not necessary for the federal law to apply.

4. Charging a motorcycle to use an HOV lane if it doesn’t have a transponder and not charging if they do is a double standard and restricts/prohibits/fines motorcycles for using a lane they are entitled to used under federal law.

5. The requirement of a “deposit” for a transponder is a collection of monies from motorcyclists by a governmental entity without the consent of the people being assessed.

6. HOV/HOT lanes are not both “toll roads” and must be considered to be two separate types of roadways.

7. HOV lanes were originally implemented to help relieve congestion, save fuel, address parking issues, etc. and provide a means for those who combined/shared vehicles to benefit from their actions. HOT lanes allow anyone who will pay a fee to receive an advantage based on money, not the original intent of the lane.

8. The Colorado Department of Transportation has stated that it is safer for a motorcycle in an HOV lane and the chance of a crash or injury is reduced, as compared to using a congested lane.

9. Requiring a transponder on a motorcycle requires those who only use the lane once or twice a year because of where they live in the state, or those motorcyclists from out of state who are unaware that a transponder is required, to pay a fine/fee to use a lane that is safer and, in the majority of states, is free.

10. Even if a picture is taken of a motorcycle and license plate, it would take only seconds to identify the vehicle as a motorcycle, discard it, and move on.

So OK, the second sentence in #7, in particular, is still a little murky to me, but in general I’d say this is good information. So if you have a chance to communicate with the people who represent you in the legislature, you’ll be doing us all a favor to bring out these points.

Biker Quote for Today

Is your motorcycle a 2 cylinder or 4 stroke?

If you ever question whether some sort of group that stands up for motorcyclists is needed, here’s a situation that should answer that question for you.

Part of the discussion yesterday at my ABATE District 10 meeting was on the rules surrounding use of new express lanes and HOV lanes in the Denver area. ABATE is working with the state to try to work out the fairest, most reasonable way for motorcycles to be part of this structure.

For starters, we ought to keep in mind that under federal law, motorcycles are entitled to use HOV (high-occupancy vehicle) lanes. Thus, if you are going up I-25 from downtown at the right time of day you can use the HOV lane. But how do the new express lanes along US 36 up to Boulder work?

Judy and I drove up to Boulder recently and wondered exactly that. It was not at all clear to us whether, because there were two of us in the car, we could use the new express lanes at no charge or would we get a bill in the mail. (Quick note: by 2017 use of the HOV lanes will require at least three people in your car.) If you’re wondering the same thing, here are links to ExpressToll and the express lanes sites. You may find some answers there.

But there are issues. I’m not totally clear on all this myself so understand that I may be getting some of this wrong, but here’s my understanding. First off, if it’s a toll road, such as E-470, everyone pays a toll. That’s the simple part. But apparently, if you intend to use the express lanes up the Boulder turnpike it is free for cars with two or more people or for motorcycles but only if you first create an account with ExpressToll. This requires a payment of $35 that is intended to be payment in advance for any tolls you do incur. But if you’re on a motorcycle you will never incur any tolls so they will basically just hold your money.

Does that sound a little foolish? ABATE thinks so and is trying to get it changed so motorcycles just simply don’t need any of that. Plus you have the very real issue that if people from elsewhere, whether it be Grand Junction or Ohio, ride through Denver on their motorcycles, they may think it’s OK to use the express/HOV lanes and find themselves receiving bills for having done so. Plus, it may be that they will be billed double because it takes someone human to look at the pictures to determine that it was in fact a motorcycle, and that human element adds to the cost. What? This is where I’m truly unclear on it so take this with a grain of salt.

The point is, apparently if you do not have the little UPC code or whatever taped across the top of your headlight for the cameras to read you will be charged for using the HOV lane despite the fact that you are on a motorcycle. But that would seem to go against federal dictates that motorcycles can use HOV lanes freely. Perhaps you’ll want to be contacting your elected representatives to let them know about this issue and your position on it. Meanwhile, that’s exactly what ABATE is doing.

Biker Quote for Today

Murphy’s Motorcycle Laws: 6. Nothing is harder to start than a used motorcycle being shown to a prospective buyer.