The Bicycle Club of Irvine

[BCI]

It's the Law: Bike mantra: If it's night, use a light
Law clarifies standards so police can issue citations.
By Kevin Yamamura - kyamamura@sacbee.com
One in a series of reports on new laws that take effect Jan. 1 2008.

Published 12:00 am PST Friday, December 28, 2007
Story appeared in MAIN NEWS section, Page A3
http://www.sacbee.com/newlaws/story/595342.html

Janet Horner watches as Larry Robinson of the Sacramento Area Bicycle Advocates, which was giving away lights, tests her bike's new rear light this month. Even cyclists on sidewalks and bike paths will be required to use lights at night, as of Tuesday.

Lea Brooks routinely passes cyclists riding without lights when she bike-commutes along the American River Parkway from downtown to her Gold River home after work.

"It's very dangerous," she said. "Imagine if you were driving your car and you saw a vehicle with its lights off. It's very dark out there, and if cyclists have dark clothing on, you really cannot see them. They blend into the shadows."

If a new state law proves effective, that could change.

Starting Tuesday, cyclists riding on bikeways and sidewalks at night will be required to use a headlight, as well as rear and side reflectors, under a law passed by the Legislature and signed by Gov. Arnold Schwarzenegger this year.

Before Assembly Bill 478 was signed, state law was ambiguous as to whether cyclists riding on off-road paths such as the American River Parkway or greenbelts in Davis were required to use lights at night.

The measure allows law enforcement to ticket cyclists riding without lights on such bikeways or on sidewalks in cities that allow cyclists to ride on sidewalks.

The bill's author, Democratic Assemblywoman Lois Wolk of Davis, said cyclists who use such paths may mistakenly think they are safer because they don't have to ride next to cars.

She said she walks her dog at night along the Davis greenbelt and notices that some cyclists ride in the dark.

"They may think that just because it's separated from the street that it's not as dangerous," Wolk said. "But in fact when it's dark, as fast as people go, their reaction time is not as quick."

The California Bicycle Coalition and Sacramento County Sheriff's Department sought the measure to clarify for law enforcement officers that they can issue tickets to cyclists riding without lights, regardless of whether it's on a street or bike path.

From 2003 through June 2006, an estimated 2.5 percent of California nighttime cyclist accidents were fatal, said Al Cooper of the Sacramento County Sheriff's Department. That is more than 25 times the fatality rate of cyclists involved in daytime accidents, though no study has been conducted to determine whether not having lights was a factor.

Statistics specific to accidents on designated bike paths or sidewalks were unavailable.

But Justin Fanslau, a lobbyist with the California Bicycle Coalition, noted that those riding without lights on sidewalks or on designated bikeways are at risk of colliding with pedestrians, as well as with cars backing out of driveways or crossing bike paths.

Fanslau said law enforcement agencies sought the law because they were unsure whether they could issue tickets along the American River Parkway and other bikeways.

"They were finding a lot of cyclists at night were not using lights and they couldn't find a way to cite," Fanslau said. "They wanted to write tickets on it, but they couldn't find a way to do it."

Robert Horowitz, president of the Sacramento Area Mountain Bike Association, said he thinks lights are useful, though he doesn't think the law will have much effect because he believes most cyclists, including mountain bikers, already use lights for their own benefit.

"All the folks I know who ride at night already have lights," Horowitz said. "If you're riding around in the dark, you probably already have a light. I have a light, and I find it greatly helpful. The only ones who really might be affected are the homeless who ride bikes."

The law does not require cyclists to use lights if they ride on off-road mountain biking trails, Fanslau said.

Besides requiring use of lights, the new law allows cyclists to attach reflective straps to their ankles or wear reflective shoes rather than have a reflective pedal.

Previous state law required cyclists to use reflective pedals at night, but that law was written decades ago, Fanslau said. Cyclists often prefer sleeker clip-in pedals rather than the bulky rectangular ones that were once commonplace. The law change allows cyclists to continue using clip-in pedals as long as they wear reflective straps or have reflective shoes.

The bill does not include money to inform cyclists of the new light requirement.

Locally, the Sacramento Area Bicycle Advocates, which represents 1,400 local cyclists, has been distributing free lights this month to passing riders at various locations. The nonprofit plans to give out 125 this month as part of its second annual Light On! campaign.

Brooks, president of SABA, said she's also tried to tell passing cyclists riding in the dark that they need lights.

"There's some peer pressure," she said. "Sometimes, you tell someone to get a light and they tell you in not-so-polite terms where to put it. And then the next time you see them, they have a light."

"You could spend several hundred dollars on a light, you could spend $50, but in terms of safety, every penny is worth it," she said. "If you have no money and really cannot afford a light, tape a flashlight to the handlebars."

[BCI]

From the Southern California Injury Law Blog
at http://www.californiainjurylawyerblog.com/2007/10/new_bicycle_law_provides_more.html