A4449 – Driver and Pedestrian Mutual Responsibility Act – could better be known as the “Driver Immunity and Pedestrian Blaming Act” or the “Get out of the way or get hit” Act. This misguided attempt at increasing pedestrian safety shows little to no understanding of Complete Streets principles, but more importantly, is predicated on the premise that physics will permit a balance between the behavior of human beings and that of 2000-pound hunks of steel.
This bill makes the concept of right of way less clear and takes away existing protections from pedestrians. The sponsor(s) of this bill are misinformed in that they believe the Stop and Stay Stopped bill (NJ 39:4-36) added provisions and duties that didn’t exist before, which is incorrect, and they, therefore, are attempting to roll back 39:4-36. This bill is worse than rolling back to pre 39:4-36; it actually takes away rights that existed prior to Stop and Stay Stopped.
To begin, 39:4-36 didn’t give any new protections to pedestrians; it simply provided clarity. Drivers had the same duties before 39:4-36; it simply changed the language to “stop” instead of “yield.” This bill reverts to “yield” as opposed to “stop.” Yield is ambiguous and does not provide the unequivocal and clear language regarding the motorist’s duty towards a pedestrian. Increasing ambiguity in New Jersey traffic law does nothing to address the high percentage of pedestrian fatalities the state has been grappling with since at least 2008.
Further, historically, all road users had an equal right to the road. When crosswalks were invented, legislators stated that they recognized the great sacrifice that pedestrians were making by giving up their equal right to the road in exchange for having priority in limited places, like the crosswalk- marked and unmarked. This bill, by failing to recognize unmarked crosswalks, waters down and limits even further those relatively few places where pedestrians have priority. Hardly a balance.
The language in A4449 is also messy; for one, it assumes there are intersections everywhere. Imagine being in rural New Jersey, or on a suburban arterial where there are no crosswalks and possibly no intersection for a quarter to a half mile at a minimum. A4449 would make it illegal to cross the road anywhere but at an intersection, which is impractical at best. Are pedestrians expected to walk the distance to the next crosswalk? In the dead of night, in the cold and snow? As it currently stands, pedestrians can cross at other places than the crosswalk, but must simply yield the right of way to motorists, where before the advent of crosswalks, pedestrians had equal right to any part of the road (this was obviously found to be impractical with the advent of the automobile).
Lastly, the removal of permissive inference in the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection (“permissive inference” meaning that it is inferred that the driver did not exercise due care for the safety of the pedestrian) is literally open season on pedestrians.
These legislators would do better to explore implementing Complete Streets/traffic calming measures and other street infrastructure that further adds clarity to the expected behavior of both drivers and pedestrians, rather than create a situation where drivers bear virtually no responsibility for their actions. Attempting to equate a “balance” between the physical capabilities of a 2000-pound vehicle in motion with those of a human being is laughable at best, and at worst, blames the victim for what befalls them.
Cyndi Steiner, Executive Director
From providing guidance to community advocacy groups, to advocating for statewide legislation and funding, to supporting federal policy campaigns, NJBWC was on the job throughout the year, working to make our streets safer for everyone. Although we changed the conversation everywhere we campaigned, there is still so much more to be done in the state. Here is a recap of our accomplishments in 2016:
We had a busy year, but there is much more to be done. We are now the only state on the entire east coast with no type of safe passing protection for pedestrians and bike riders. We are one of only 10 states in the country without an anti-dooring law. Our percentage of road deaths attributable to pedestrian and bicycle fatalities increased in 2015 and remains the second worst in the nation. Our municipalities continue to pass Complete Streets policies and then ignore them. Our elected officials still prioritize driver convenience over the safety of pedestrians and bike riders, opting to “strike a balance” instead of aiming for zero deaths. Our state is a long way off from being a place where people can ride a bike or go for a walk and not have to be concerned that they will be hit by a car. Working to make our roads safer, and ultimately, to make our state a more livable place for all of its residents, is every elected officials’ responsibility and continues to direct the work of the NJBWC.
Cyndi Steiner, Executive Director
President-elect Donald Trump’s selection of Elaine Chao to lead the U.S. Department of Transportation, along with a Republican-controlled Congress, may stifle the advancement of bicycle and pedestrian safety efforts for New Jersey.
Unlike some of Trump’s other cabinet nominees, Chao actually has some experience in the department in which she would be expected to oversee. She previously worked as labor secretary under President George W. Bush, and served as deputy transportation secretary under President George H.W. Bush.
But Chao has also served as a fellow with the Heritage Foundation, which has written and advocated for multiple bills that wiped out federal funding for biking and walking. The foundation pushed for a bill devolving transportation to the states that also struck the Transportation Alternatives program (TAP). They used misleading numbers; for example, they stated that the Transportation Enhancements program (precursor to TAP) accounted for 10 percent of all transportation funding, when the truth is it was just 10 percent of one program — or less than 2 percent of overall funding.
Assuring that funding is available for bicycle and pedestrian projects is essential to states, especially New Jersey, which has been designated a “Pedestrian-Bicycle Focus State” by the Federal Highway Administration. However, the transportation plank of the Republican Party’s 2016 platform is focused exclusively on highways, so the appropriation of federal funds for bicycle and pedestrian safety could come under attack each year as Congress negotiates the next year’s budget.
That’s a big problem for New Jersey, where federal funding represents the lion’s share of funding for bicycle and pedestrian projects in New Jersey. The Garden State currently receives roughly $17 million each year in federal dollars under the Surface Transportation Block Grant (STBG) Set-aside (which replaced TAP under the FAST Act), and these funds are awarded to towns and counties to make roads safer for pedestrians, bicyclists, and drivers. The state-funded Bikeways program, by contrast, allocates only $1 million per year. And although the state’s Transportation Trust Fund is now on a path to solvency, no additional funding was exclusively allocated for pedestrian or bicycle safety during those negotiations.
While the dollars allocated under STBG Set-aside are mandated by federal policy and not directly controlled by the Secretary of Transportation, much of the bike and pedestrian advocacy at the federal level is focused on maintaining funding for non-motorized transport during these negotiations. Attacks were successfully fought off in the Senate in 2009, 2011, 2012, 2013 and 2014, and in the House in 2015.
If another attack is to be fought off in 2017, we’re going to rely on New Jersey’s congressional delegation to get in the ring — and it’s our job as advocates to make sure they do. The National Bike Summit, which takes place in March, will present advocates with the opportunity to reach out to members of both the House and Senate. As the League of American Bicyclists’ Vice President of Government Relations Caron Whitaker put it, “If you think this was a year to skip the National Bike Summit, think again.”
By Janna Chernetz, New Jersey Director of Policy, Tri-State Transportation Campaign; and Cyndi Steiner, Executive Director, New Jersey Bike & Walk Coalition
This post was cross-posted on Tri- State Transportaion Campaign’s Mobilizing the Region blog.
Stroad: “…a street/road hybrid and, besides being a very dangerous environment (yes, it is ridiculously dangerous to mix high speed highway geometric design with pedestrians, bikers and turning traffic), they are enormously expensive to build and, ultimately, financially unproductive…The result is an expensive highway and a declining tax base.” Charles Marohn, Strong Towns
Stroads represent the antithesis of a good street – a space that promotes safety, community, good architecture, and financial resilience at the lowest possible cost. Stroads fail to provide safety to pedestrians and bike riders, as they were built to accommodate cars. The lack of bike lanes, adequate crosswalks, safe access to public transit, and a general overall lack of a sense of “people scale” contribute to the high incidence of pedestrian fatalities and injuries on stroads.
In this era of Complete Streets, stroads are the primary target for a massive overhaul, and New Jersey has its share of these aesthetically repugnant, economically destructive, and dangerous roads. Asbury Park’s Main Street through its downtown is State Route 71 and could easily be the picture next to the definition of a stroad. Route 71 runs through Asbury Park from Route 33 in Neptune north to where it becomes Deal Lake Drive and swings east. The section that forms Main Street is a four lane highway about a mile in length.
But it gets worse. Not only is Route 71 a landing strip, but just about every intersecting street is also an expansive swath of pavement with virtually no markings or signage, allowing drivers to zoom away from every intersection at warp speeds, only to slam on the brakes at the next traffic light. And zoom they do. Asbury Park is a sea of pavement built for speed.
Mixed in with this are people on foot attempting to cross at intersections that have no pedestrian signaling of any kind, and people on bikes pedaling along parked cars, many riding against speeding traffic, some trying to reach the beach, others headed to jobs along Main Street, and still others running errands, all hoping not to get squashed on roads not designed for them or for anyone else who is not moving at multiples above the speed limit. It’s the urban equivalent of the wild west, and the last thing anyone appears to be concerned about is pedestrian and bike rider safety. Main Street has outdated traffic lights, no pedestrian crossing signals of any kind, faded crosswalks, and virtually no other street infrastructure that would calm speeding traffic. In fact, the city seems to have virtually escaped the enactment of the state’s 2010 crosswalk law – the “stop and stay stopped” law that requires vehicles to stop at all marked and unmarked crosswalks when there is a pedestrian waiting to cross – as the bollard signage placed in the roadways at many crosswalks throughout New Jersey are can scarcely be found in Asbury Park.
Last Spring, the Asbury Park Complete Streets Coalition asked several hundred residents what they liked about Main Street, and very few could come up with anything. It is the place one loves to hate. But more importantly, many appear never to have thought of Main Street as a place they could love. Why not? Because in Asbury Park, as in many cities and towns in New Jersey, stroads are so much a part of our downtowns that we have come to accept them as something we are “stuck with.”
Late last summer, NJDOT presented a “road diet” – a plan for Route 71 through Asbury Park that would convert the highway into a pedestrian and bike friendly street, calming traffic, improving safety and providing an opportunity to revitalize the downtown, all at no cost to the city. In a hasty move, Mayor John Moor turned down the proposal, calling it his “finest victory.”
This for a roadway that saw 644 automobile crashes for years 2010 through 2014, of which 65 involved either a pedestrian or a bike rider. In those crashes, 195 people were injured, including incapacitating injuries in many of them. That’s almost two and a half crashes every week, with an injury every 9 days.
There are currently about 18 commercial vacancies out of about 150 on this stretch of roadway. That’s 12% of storefronts not earning tax revenues for the city, in an era of cash-strapped municipal budgets and constrained resources. A road that makes it easy for pedestrians and bike riders to reach businesses along it is a road with successful businesses. One need only look at the example of 9th Avenue in New York City to understand that when people aren’t flying past businesses, or having to drive around in search of a parking spot, or who can safely and confidently walk or pedal to reach a store, the businesses thrive.
Many of these businesses are places of employment for residents of the city’s west side, an underserved neighborhood of people who are highly dependent upon bikes for transportation. Take a walk along Main Street (if you dare) and you’ll notice that many of the bikes locked up along the street belong to workers of the businesses.
In June, the Asbury Park Complete Streets Coalition presented the City Council with a sign-on letter stating support for the road diet from 23 local businesses and three state level advocacy groups, including NBWC. They also presented a petition that included signatures from over 400 residents and visitors, all in favor of building a better Main Street.
In short, Asbury Park’s Route 71 is the poster child for a stroad. Walk along its sidewalks, or pedal along its parked cars, (again, if you dare) and you will hear it screaming for a road diet. With the ongoing revitalization of Asbury Park, the Route 71 project has tremendous upside potential, at no cost to the city. Call it a gift from NJDOT. It’s time for the Mayor and the City Council to recognize what the many businesses and residents already have, that their “finest victory” is a Main Street that supports safety, community, and economic vitality.
By Cyndi Steiner, Executive Director
It Takes More Than A River to Divide Us: Bike Riders from Both Sides of the Hudson Embrace NJBWC’s Message about Bike Advocacy in New Jersey at Bike Expo New York
by Aaron Hyndman
Happy Bike Month, everybody! Things got off to a great start this past weekend as we had the privilege of participating in Bike New York‘s Bike Expo New York. As America’s most-attended consumer bike expo, it was definitely the place to be, not only for TD Five Boro Bike Tour participants who came to the event to pick up their packets, but also curious bike enthusiasts from across the region in numbers totaling over 60,000 people for the weekend.
Manning the NJBWC convention floor booth were Executive Director Cyndi Steiner, Communications Coordinator Aaron Hyndman, and NJBWC Lifetime Member Jim Hunt of Morris Area Freewheelers. We had a fantastic time connecting with a diverse cross-section of bike riders from across the tri-state area as well as far-flung regions of the country. In addition, we were happy to have the opportunity to donate some of our exhibitor space to the League of American Bicyclists, who sent their Board Chair (and NJBWC’s former Board Chair) Karen Jenkins and board member Harry Brull to join us behind the exhibitor’s table.
The expo featured merchandise sales, product demos, giveaways, panels, contests, entertainment, and the latest in state-of-the-art gear, all located in a scenic venue right on the East River at Pier 36. Though Friday’s cold and wet weather left much to be desired, Saturday’s sunshine provided a glorious backdrop to the event, as attendees gathered en masse on the promenade to enjoy the beer garden and food trucks overlooking the river between the Manhattan and Williamsburg bridges.
Of course, there was much more to the event than soaking in the scenery, atmosphere, and assorted goodies. Bike Expo New York provided a valuable opportunity to connect to a multitude of bike enthusiasts from New Jersey and the rest of the New York metropolitan area. As always, New Jerseyans were enthusiastic to learn about our advocacy, outreach, and education efforts. But just as significant were the many New Yorkers who asked us loudly and clearly “when will New Jersey become more rideable for those of us who want to cross the Hudson with their bikes and explore what the state has to offer?”
Obviously, the simplest answer is that when New Jersey finally becomes a place that provides the necessary safety measures and infrastructure to make bike riding more pervasive among its own residents, New Yorkers also will be able to reap the benefits. For that to happen, New Jersey needs the Safe Passing Law to be approved by the legislature and signed by the governor. And counties and municipalities need to first update their master plans to better incorporate Complete Streets policies that prioritize bike infrastructure and then follow through with funding and implementing such initiatives. That’s just the first piece of the puzzle, however.
In the grand scheme of things, we have an amazing opportunity to enhance the economic vitality of New Jersey cities, towns, townships, and villages throughout the metropolitan area by making our state better for New York’s bike riders. Unlike the drivers who come across the bridges and through the tunnels using our towns as mere thoroughfares, New York City’s bike riders made it crystal clear to us this past weekend that they don’t want to just pass through. They want to explore. They want to get to know New Jersey. And they want to spend money in our shops, bars, theaters, and restaurants. Making our roads safer for bike riders so that New Yorkers will come across the river to ride would be a boon to our state’s economy, pouring money into our tourism sector and the many downtown business districts that would become open to new customers in a previously unprecedented way.
That’s why the NJ Bike & Walk Coalition has been actively involved in projects such as bike access and ADA compliance on the George Washington Bridge. And we’re monitoring developments such as improved bike infrastructure on Route 9W, Newark’s BikeIronbound complete streets plan, and potential enhancements to waterfront access for bike riders along the Jersey side of the Hudson. We will also continue to support the efforts of Bike Hoboken and Bike JC in pushing for a commitment to build safer and more expansive networks of bike lanes. And also vital is our Ice and Iron Greenway Project, which aims to provide a safe, scenic and car-free thoroughfare linking Jersey City with suburban Essex County by constructing a route that will serve not only those who bike for recreation, but also the riders who bike to and from work.
With all that in mind, it’s quite apparent that our state and region has the potential to unlock its enormous potential if New Jersey’s powers-that-be choose to make a commitment to a state that is more livable through safer and easier biking and walking options. Our interactions with the Bike Expo New York attendees revealed massive amounts of enthusiasm for the many benefits a bike-friendly New Jersey would bring. Now the ball is in our court. Let’s put New Jersey in play for the bike riders throughout the region on both sides of the Hudson. That would be a win for everyone.
Aaron Hyndman is the Communications Coordinator for the NJ Bike & Walk Coalition.