Road rules to protect cyclists discussed

Motorists would be required to give bicyclists more room on Nebraska roadways under legislation heard by the Transportation and Telecommunications Committee Jan. 20.

LB39, introduced by Omaha Sen. Rick Kolowski, would require motorists to follow the same passing laws for bicycles as they do for cars, such as changing lanes when the roadway permits. On narrower roads, motorists would be required to maintain at least a three-foot gap around bicyclists while passing.

The bill also would allow bicyclists to ride two abreast on adequately-sized highway shoulders and would give bicyclists the right of way in bike lanes and crosswalks. Additionally, the proposal would repeal the law prohibiting bicyclists from riding on highways when a path has been provided adjacent to the roadway.

Kolowski said the bill has personal significance to him because a former colleague and friend recently was struck and killed while cycling.

“The highly tragic loss of Jim Johnston had an impact on his family and the entire community that could have been avoided,” he said. “It’s time to make a change in laws to better protect people who ride bicycles.”

Clarifying that motorists should pass bicycles the same way as cars makes the law easier for drivers to remember and easier for law enforcement to enforce, Kolowski said.

First-time offenders who cause a collision with a bicyclist would be guilty of a Class III misdemeanor, punishable by three months imprisonment and up to a $500 fine. Second and subsequent offenses would be a Class I misdemeanor, punishable by up to one year of imprisonment and a $1,000 fine.

Julie Harris of the Nebraska Bicycle Alliance testified in favor of the bill. She said the proposal fits the changing face of cycling.

“It’s crucial to remember that bicycling is not just a recreational activity,” Harris said. “This is a transportation issue and should be recognized as such.”

Harris said that LB39 provides a much needed update because Nebraska is one of only four states that still prohibits cyclists from riding on roads when a path is nearby.

“It’s time for Nebraska to catch up with the rest of the country on this provision,” she said.

James Blue, president of Cedars Youth Services, testified in favor of the bill, saying he suffered a concussion and broken ribs after being hit by a motorist while cycling. He said he hopes the measure would help change drivers’ attitudes about cyclists.

“I don’t know why people are so angry out there, so impatient,” Blue said.

Chief Deputy Jeff Bliemeister of the Lancaster County Sheriff’s Office also testified in favor of the bill. He said it is hard to enforce the current law that requires drivers to maintain a three-foot gap while passing cyclists, especially at high speeds.

“Usually, the only time we issue a citation is when the bicyclist is struck,” he said.

The new proposal would provide clear direction to motorists on how to treat cyclists, Bliemeister said, and requiring drivers to change lanes is much easier to objectively enforce.

No one testified in opposition to the bill and the committee took no immediate action on it.