"Banning stupid never works"

I saw this headline today on a Daily Pennsylvanian op-ed and laughed. The author is making the case in his piece against a Philadelphia ban on the use of cellphones and PDAs while driving, biking or skating.

I mean it's a good point that you can't legislate away bad decision-making, but in regard to this issue, I think it's worth a shot.

Sure people get distracted doing other things than using phone while driving too, but anecdotally it makes sense to me that driver distraction has gotten worse with the rise of phone and text use. I have certainly talked and driven many times and sometimes done dumb stuff as a result. It's kind of pathetic, but this kind of incentivization (ie the stick) will work to get me to stop.

And if one more biker or skater runs a stop sign or plows down a Center City sidewalk while I am walking, well, I can only do my Dustin Hoffman impression so many times. Bikes are great for our environment and relieve congestion, but distracted bikers are challenging to pedestrians just as much as cars are. So applying the rules about phone use to them as well seems fair.

Anyway, I am just curious to hear from the people who do have a beef with the new ban that Mayor Nutter is expected to sign into law. I am inclined to support the ban, but is there some angle I am missing here?

missing the point: revenue

It's ironic to see a UPenn student writing this defense of biking while talking on the cell phone, considering it seems at least 1 or 2 Upenn kids get flattened every year by cars or wind up injuring themselves by getting caught up in trolley tracks, but the real funny here is that moyse totally misses the point. Council's bill is not meant to "ban stupid", it is mean to "raise revenue". That's why so many other people are targeted in the bill, including bikes, rollerbladers, etc.

I also enjoyed Moyse's inane jab about inconsistency, because the bill exempts truckers, cops and others "who need to use communication devices in the car for work." Duh? How do you expect cops in cars to respond to crimes in progress if not by giving them an exemption from the legislation? That's not inconsistency, that's called "foresight".

If this guy's column is the result of an Ivy league education, man i am glad i went to a state school.

My stupidity can be banned

I was commuting back and forth last year to NJ when they decided they were going to take their ban seriously. And, after seeing a number of people being pulled over, I stopped talking on my phone in New Jersey. But, with my hours on the road every day or two, I would get pretty bored, and as soon as I crossed the PA state line, I would start back up.

I think the law will be overturned, but I think it is sensible, especially as it relates to texting and checking your blackberry as you are driving around.

Legislation based on anecdote

The idea that I wanted to write something in opposition to parts of this bill had been kicking around in my head for a while until I realized that I probably couldn't articulate what bothered me about it well enough to avoid looking like a total crackpot who wants it to be ok for bikers to talk on cell phones.

But since you brought it up...

The gist of this is that I don't like that this law essentially gives official, city-sanctioned, legal equivalence to bikes/roller blades/skateboards and cars. It contributes to an overall public perception that ignores the fundamental differences between the two. Driving while on a cell phone is dangerous to everyone else - including, but statistically not mostly, the driver. Biking while on a cell phone is dangerous to a cyclist and to the extent that it's dangerous to a pedestrian, it's nowhere near as lethal to a pedestrian as a driver on a cell phone.

A car is essentially a 1000-3000 pound bullet. Driving it while using a cell phone turns it into a stray bullet. A bike, by contrast, is a BB... doesn't even break the skin and is most dangerous to the user who could end up shooting his own eye out. (Again... not so articulate.)

Most of all, as far as I know, there is no statistical evidence that points to an epidemic of cyclists being injured because they were on cell phones. I'm not a big fan of any legislator coming up with legislation because he happens to see someone do something and thinks it might be dangerous. If City Council is going to write a law to protect bikers from themselves (hmmm... legislation to protect people from themselves, sounds kind of like prohibition against marijuana, right?), then why not mandate helmets since helmetless riding has far greater potential to cause serious injury and is a much more common occurrence? And to the extent that helmetless riding is more common and leads to increases in health care costs that are borne by all, then we all feel the effects.

Again... I really don't think cyclists should talk on cell phones while biking and I may even be ok with some separate regulation prohibiting it, perhaps with a lower level of fine or even just the hassle of being stopped by law enforcement and being made to wait while a non-fine citation is issued.

But by putting the bikes/roller bladers/skateboarders in the same bill as the cars, we're tacitly endorsing an equivalence of lethality that isn't reality.

Alright... that's out of my system.

Aren't the fines differentiated between bikes

skateboards, and cars? Doesn't that mean that they aren't being equated? Also, I might have to swerve my car to avoid a texting biker, and injure someone else and myself while the biker continues on his merry way obliviously sending inane text messages to his girlfriend.

Yes. That is a valid point.

Yes. That is a valid point. Ideally, anyone driving in a densely populated, crowded city which has "complete" streets that are used by all kinds of travel modes would be going slowly enough and paying enough attention that even the occasional jerk cyclist wouldn't cause such a swerve.

On a different but slightly related point of how we treat cars, especially in the press and in public discussion, I got a kick out of Greater Greater Washington's commentary about a recent Washington Post article:

Vehicle hits man, reporter ignores driver: "A man was struck by a vehicle and fatally injured early this morning on Route 29 in Burtonsville" ... "The vehicle that hit the man did not stop and has not been found,"...

I mean, was the vehicle KITT? It had to have a driver, right? I can guarantee that if a cyclist had struck a pedestrian and it made the news, the cyclist would be identified. Ok... before I start defending the irresponsible cyclists (again)... I'll stop.

-------------------------
Read It's Our City where I write this kind of crazy stuff all the time.

In general I love bicylists

I bicycle myself. Some of my best friends ride bicycles. But while we're randomly associating on this new law (and I think I remember hearing on the radio yesterday that bicyclists, skateboarders, and roller bladers will be fined less than drivers), why do bicyclists insist on riding in the road along West River Drive?

There is a huge sidewalk right next to the road. There are times when the road is closed from auto traffic. One time I saw a bicyclist hit on West River Drive and it was a traumatic experience. Too few drivers know how to navigate a windy road like that. People easily do 60-65 mph on that road. Not only does riding on that road along with traffic endanger the bicyclists, it also endangers drivers.

I know that once people squeeze into those spandex pants and put on those brightly colored shirts, it seems awfully lame to ride on the sidewalk along with grandmas and toddlers with training wheels - but seriously, riding on that road along with traffic seems incredibly irresponsible to me.

Because the path is rutted,

Because the path is rutted, and if you ride at anything close to top road bike speed, you are putting pedestrians in danger.

The answer, it would seem to me, is to make drivers obey the speed limit, which is like 30 mph.

Agreed, drivers should obey the speed limit

but that's unlikely to happen. And even if drivers did drive at 30 mph, it would be quite dangerous to mix drivers and cyclists on that road. So maybe that's just not an appropriate place for bicyclists to do their training, seek to reach top road bike speed? It's just dangerous, and to me irresponsible, for them to ride in that road except on the weekends when it's closed to auto traffic.

If cyclists want to find someplace to ride fast, they should do it somewhere else. Otherwise, they should lobby to have the road closed to traffic more often. I think that riding on that road in traffic is stupidity that should be banned. As I recall, there used to be signs that forbid bicycling on that road - I guess before they started closing it to traffic on the weekends? Do you know whether it's legal or not to cycle on that road when it's open to traffic?

Just a pet peeve.

Where you would suggest?

Where you would suggest? Forget "top speed." Riding at a moderate exertion level on the path will put pedestrians in danger. People ride on their bikes to exercise. Seems weird to blame them (read: me) for crappy driving, rather than ask the Highway Patrol to put the brakes to irresponsible drivers.

It is legal to ride on West

It is legal to ride on West River Drive. It is illegal to ride on Kelly Drive during rush hour.

Yeah, East River drive gets a lot more foot traffic on the paths

comment removed.

So if people want to bike at a moderate rate - do it on the path on the West Drive. If they want to train, do it somewhere that's appropriate.

Also, I have come much

Also, I have come much closer to being killed while simply commuting on my bike on City streets. Hell, standing in virtually stopped traffic in center city on my bike, I have been hit and had my foot run over by a woman who screamed at me to get on the sidewalk.

Maybe we should ban bikes in the city?

So, do you train

in CC? Get off my road, dude.

The best was that this woman

The best was that this woman was screaming at me as she was literally trying to nudge me out of her way at 2mph with her SUV. It was kind of surreal.

Only because I care, DE:

Only because I care, DE:

I can't agree

I've ridden my bike plenty on that path at a moderate speed with no problem. The only time that path is full of pedestrians is when the road is closed to traffic - during the days on weekends in nice weather.

People that are serious about exercising on their bike can take the train out to the burbs and ride on some nice roads out there. It's just an insane place to ride a bike in traffic.

I am going to surmise that

I am going to surmise that my idea of moderate speed and yours are probably different. Hence, I do what I am supposed to do: Ride in the road.

It is kind of funny that you are advising that, because people drive poorly, those who follow the law should take a round trip train ride to exercise. But, at any rate, after I ride my way out C City on West River Drive, I do ride in the suburbs, too. And guess what? Drivers out there can also be dangerous jerks. Maybe I should take the train to Lancaster or something?

I'm not saying that it's simply because people drive poorly

Unfair characterization of what I said.

Even if you're driving at a moderate speed, it is dangerous to mix bicyclists and cars on that road, even if you have good drivers. Especially when the road is full of traffic. And you're acting as if there aren't wacky bicyclists out there that ride irresponsibly.

I'm saying that it's not an appropriate place to do training, and people want to use it that way. It's a highly trafficked thoroughfare that has tons of curves. It seems really thick-headed to use it as a place to get exercise.

And here you reveal your real agenda

I am going to surmise that my idea of moderate speed and yours are probably different.

Bike snob in fancy spandex with Euro-weenie decals and a cup holder for your espresso?

You just can't stand being seen on the sidewalk along with "pedestrian" pedestrians, eh? You'd be surprised how fast this old man can ride (admittedly, for extremely short periods of time).

ignorance of bike laws

sounds like quite a few people here are ignorant of laws regarding bicycles. You CAN ride on the sidewalk in some instances, but it is not advised:

Bicycles may ride:

On all roads except freeways with limited access

On the right hand side of the roadway

On the left side of the leftmost travel lane on a one-way road

As close to the roadway edge as practical (allowing for the free flow of traffic, but without endangering the bicyclist)

In the traffic lane

On paved highway shoulders, riding in the same direction as vehicles moving in the adjacent traffic lane

In the middle of a travel lane if sharing a travel lane is fi dangerous, or when traveling as
fast as traffic

On sidewalks, except in business districts or where prohibited by local ordinance (Note: sidewalk riding is more hazardous than riding in the road in nearly all cases)

In left turn lanes when turning left

In right turn lanes when turning right

When going straight through an intersection, on the right-hand side of the rightmost through lane or the center of a combined through/right turn lane

On the right side of multi-use trails, yielding to other users.

The Philadelphia Bike Coalition identifies riding on sidewalks as a common cause of bike accidents.

my own rule of thumb is that i only use the sidewalk if its absolutely necessary. It usually is NOT.

You can't be serious

Do you really think that it's safer to ride on West Fucking River Drive than on the wide sidewalk that runs along side the road?

I'm not talking about CC or business districts, I'm talking about a winding road where people regularly go at 60 MPH, heavily trafficked, with a sidewalk right nearby where there is virtually no foot traffic.

See "real agenda" comment above. We all know what this is really about.

I absolutely AM serious

i am totally serious. I lived in Philly without a car from 1999-2005. i also lived in new Haven, CT without a car for about 4 years (and those people are crazy-ass drivers).

Different bikes go different speeds. I happen to ride a standard road bike, with the skinny tires. Late last year, the rear wheel was stolen, and until i raised the cash for a new one (the rear wheel is much more expensive than a front wheel), i was using my g/f's mountain bike for a few months. When i got my bike back on the road, i had forgotten how fast it can go, and how easy it is to get to that speed. Moderate speed on even a cheap road bike is a lot faster than moderate speed on a hybrid or mountain bike.

And it has nothing to do with your "real agenda" quip.

"Bike snob in fancy spandex with Euro-weenie decals and a cup holder for your espresso?"

I'm none of those things, and it's not a brag, just a fact, that a road bike can get up to speeds of 35 mph (or more depending on how fit the rider is). And so while you may feel more comfortable personally on a sidewalk, for someone like me on a road bike, i'm a lot safer on the road, riding with traffic, using hand signals aggressively, and wearing a helmet.

Brendan

Just having some fun with the quip - directed specifically at Dan. I'm sure that you are not a Euro-weenie.

But it seems you're referring to whether it's safer, in general, to ride in the street or on the sidewalk. I don't dispute that.

I understand wanting to ride fast, I like it too. I miss my road bike. I just think it's insane, and extremely dangerous, to ride a bike on that particular road, particularly when the traffic is heavy. As a cyclist, I understand why it'd be desirable. As a driver, I think it creates hazardous conditions, and IMO it needlessly endangers cyclists and drivers both.

I like riding fast, and wouldn't ride in that road in traffic. If you think it's worth the risk, so be it.

Philadelphia Code

With obvious exceptions for the Drives and parks, I am pretty sure it is illegal in Philly:

§ 12-808. Riding on Sidewalks.

(1) No person shall ride a bicycle upon a sidewalk within a business district, as such district is defined in The Vehicle Code.

(2) No person 12 years of age or more shall ride a bicycle upon any sidewalk in any district.

(3) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

(4) In areas under the jurisdiction of the Fairmount Park Commission, riding bicycles on sidewalks and foot paths may be permitted when authorized by regulations of the commission. 10

(5) Notwithstanding the provisions of Section 12-811 of this Chapter, the penalty for violation of this Section shall be a fine of $10, together with the costs of prosecution. 11

Brendan, Dan

I was told by a number of friends tonight that I was out of line on this one. It was bound to happen sooner or later.

Apologies.

hey happens to all of us

I'm the last person to criticize someone for being out of line (although I'm not sure what you did exactly), so as far as I'm concerned, you're absolved.

Come on now. We know you

Come on now. We know you are jealous of my spandex.

nuff said:

"Girl, 6, hit twice by driver reportedly on phone"

I bet the driver, that scurried away twice, will blame the girl, the ice cream truck, or the parents who weren't tethered to their daughter at the time.

All I am saying

Look, I hear Dan P's point that bikers should not be subject to same fines and liability as drivers. On the other hand, drivers are actually regulated by the state and are required to know the rules of the road. Based on my experiences as a walker in Center City and in University City, I am not so sure bikers all do. I am not anti-bike, I am just saying that some enforcement of traffic laws on bikers is important.

And seriously, a biker texting? I have seen it happen and it is ridiculous. And bikers on sidewalks in Center City, also ridiculous. Christ, just walking past a crowd at any corner west of Broad is hazardous with a hot dog cart is hazardous. Add someone on a machine going like 3 times as fast as you, and it is plain scary.

Sheepishly raises hand

Travel far enough back in my Twitter feed you may find evidence of me doing that. I chalk it up to youthful indiscretion and I don't do it any more.

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Read It's Our City where I write this kind of crazy stuff all the time.

Harrisburg thinks stupidity is a state issue

apparently.

And that they like it.

Since I am betting very few of this anti-Philly bill's sponsor's Altoona constitutents drive into Philadelphia on daily basis, I begin to wonder if micromanaging Philadelphia's City Council will ever stop being a popular electioneering tactic for upstate Republicans.

Hey don't you guys have a state budget to pass or something?

-Sean
MrLuigi, my cat, actually only types half as badly as I do.

stupid bans never work either

I see I'm way behind commenting here, but the worst part of this is that they're so excited about the cell phone ban that they extend it to bicycles et al, and yet leave hands-free units unregulated despite evidence indicating that hands-free sets are just as dangerous as regular cell phones. The problem isn't occupying your hands; it's diverting your attention from the task at hand, and talking on the phone does this a hundred-fold more than does listening to radio or a book on tape. Any kind of cell phone usage in a car has the incapacitating effect equivalent to driving drunk (!), and until we can get the social appreciation/stigma up to that level, we can't let our legislation go only half-way.

acm

(with apologies that I don't have the time to refind/link the relevant research right now...)

"Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has."
— Margaret Mead

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