[Vision2020] Additional Information: Accident Report Case # 10-M00362: Idaho/Moscow Bicycle Law Re: Lights etc.

[Ted Moffett]

Dan Weaver et. al.

*Dan Weaver* dweaver at ci.moscow.id.us
<vision2020%40moscow.com?Subject=%5BVision2020%5D%20Moscow%20City%20Code%20Requires%20Bicycles%20In%20Operation%0A%09ToHave%20Lights%2024%20Hours%20A%20Day%3F&In-Reply-To=d03f69e1001221343q589701b3ob9fcb0329e1dfca4%40mail.gmail.com>
*Fri Jan 22 15:38:52 PST 2010*
wrote:

http://mailman.fsr.com/pipermail/vision2020/2010-January/068237.html

Please let me know if you have further questions and or suggestions
regarding this situation.
----------------------------------
Thank you for your openness to further questions.

I am forwarding below the communication I sent to Moscow police officer
LMcintosh regarding questions and relevant issues concerning a
vehicle/bicycle accident.  I have not received a response to this e-mail,
though the questions regarding light requirements for bicycles on sidewalks,
and what time of day bicycle light is required, were separately answered in
a Vision2020 post by Moscow Chief of Police Weaver.  I thank Dan Weaver for
clarifying the Idaho code regarding bicycle light requirements on sidewalks,
given the code defines sidewalks as part of "highways."

Regarding what I was told by a Moscow police officer Fri. Jan 22, 2009,
in person at the Moscow Police Station, that bicycles require lights 24
hours a day according to Moscow city code:  Given that I was very surprised
to hear that such a code rule existed, I told the officer that I had not
read such a rule in the online Moscow city code.  The officer was clear in
insisting that such a code rule existed, mandating a light on bicycles 24
hours a day.  I asked for a copy of this code rule, but the officer
declined.  The officer may recall the conversation differently.  And that
people can recall in person spoken conversations differently, in fact recall
them incorrectly, is one reason I prefer an e-mail response to the forwarded
communication below:


from
 Ted Moffett <starbliss at gmail.com>
   to lmcintosh at ci.moscow.id.us

  date Jan 22, 2010 1:57 PM

  subject Additional Information: Accident Report Case # 10-M00362:
Idaho/Moscow Bicycle Law Re: Lights etc.

Moscow Police Officer LMcintosh-

This e-mail contains some of the same information as the previous e-mail I
sent Thurs. Jan. 21, 2009, with additional question(s) that are relevant,
and some editing.  I separately e-mailed today regarding Idaho and/or Moscow
city code regarding what I was told today by a Moscow police officer, that
was a complete surprise, that Moscow city code requires bicycles in
operation to have a light 24 hours a day:

I just attempted to file the Freedom of Information Act request for the
accident report at the Moscow Police Station, but the report was still not
available.

When will the accident report for the vehicle/bicycle accident case #
10-M00362 be available?

Why was I not given information, after the accident occurred and the
emergency personnel released me on Thurs. Jan 14, 2009, regarding the
insurance coverage on the driver/vehicle who failed to yield when I was
crossing the drive-in in question, while I was bicycling on the sidewalk as
described below?  I sustained very painful injuries and now have medical
costs incurred as a result of this accident

Why I was not asked for information from the Moscow Police regarding how the
accident happened, after the emergency personnel had released me from their
examination, after I signed the release form, and had recovered somewhat
from the intense pain and injuries I sustained?

I recall the moments before the accident very well, as I was riding east on
the sidewalk Thurs, Jan. 14 2009 at about 4:50 PM, in front of Pat's Lawn
and Saw, on the south side of White Ave., with a streetlight illuminating
the drive-in to the mini-mall just east of Pat's Lawn and Saw, that the car
that struck me pulled into, as they were heading west on White Ave. and made
a left turn into the mini-mall drive-in that crosses the sidewalk.  I saw
the car and assumed they could see me, given that I was illuminated.  I did
not have a light in the front at this time, though I have a front reflector,
and had my back blinking light on.  I had my front light in my backpack,
ready for use when full darkness came, and I would be riding either on the
road or the Latah Trail path.  At the time of the accident, there was still
some daylight, though it was past sunset. The streetlights turn on before
total darkness.

I checked the Idaho code on bicycles (
http://www.lostrivercycling.org/idcode.html ), and a front light is required
from sunset to sunrise when on highways.  I did not know that even when
there is still considerable light after sunset or before sunrise, a
front light is required, for bicycles and motorized vehicles, but the code
indicates this is when "upon a highway," without mentioning sidewalks; and
riding on the sidewalk for bicycles is legal, given certain rules.  But
given the wording of the Idaho code on bicycles, it seems to not explicitly
address if a bicycle riding on a sidewalk must have a front light between
sunset and sunrise.  For maximum safety, it seems that *pedestrians,
especially fast runners,* and bicycles *on sidewalks,* should be required to
have a light at night.  I was not bicycling very fast when I was struck,
luckily, and no doubt a person can run faster than I was cycling at that
time.  Thus a fast runner who is not carrying a light while running on a
sidewalk might be taking a greater risk of an accident, when motorized
vehicles must cross a sidewalk, than a cyclist riding slowly without a light
in the same situation.

Also, I read on the Moscow Police Dept. website that bicycle licenses are
required, but if I understand correctly, this does not apply to those
residing outside the city limits?  I do not reside in Moscow city limits:

http://www.ci.moscow.id.us/citycode/TITLE11/toc.asp

Ted Moffett
1097 Canyon Rd.
Moscow, Idaho 83843
ph. 208-882-8643
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