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Archive for the ‘Safety-Conscious’ Category

As you know, I’m a motorcyclist licensed in the State of Oregon.  I’ve written many blog posts that represent motorcyclists and advocate for the passage of laws that improve motorcycle safety and result in motorcycle awareness and driver accountability.

My perspective comes from years of riding motorcycles and having first hand knowledge of friends who have been injured when drivers don’t see motorcycles and the dramatic consequences.

Speaking of motorcycle accidents, the following are examples of common motorcycle accident causes:

• A car makes a left-hand turn in front of a motorcycle, usually because the driver is not looking for, or does not otherwise see, the oncoming motorcycle.

• A vehicle pulls out of, or into, a side street or driveway, also usually because the driver does not look for, or otherwise see, the motorcycle.

• A car rear ends a motorcycle because the driver is inattentive or distracted, usually by a mobile electronic device.

• And the all-to-common motorcycle accidents involve only the motorcyclist!  There have been a number of motorcycles that inexplicably missed a curve on a clear, dry road and left the roadway.  Many suffered injuries or death after striking a tree, roadside sign, utility pole or boulder.  Be it age related (yes, I said that!), pushing the limit of the riders skills or the capability of the motorcycle, driving impaired — both by drugs and alcohol — or by fatigue and exposure — riders need to constantly tweak riding habits to stay sharp.

In tracking the U.S. states information, searching and following-up on the Oregon data of various motorcycle accidents in the news, it seems that negligent drivers are often not being cited for any violation when they cause a motorcycle accident. Moreover, careless drivers are typically only being cited for routine traffic violations, and reckless drivers are being cited only for careless driving.  I’ve also read about simple cell-phone tickets being cited when drivers cause severe accidents.  If you try and track motorcycle accident cases, they are usually not referred to the District Attorney’s office unless there is a fatality or a drunk driver involved. Careless and even are facing very little to no criminal repercussions for their conduct and instead being given a traffic violation or no traffic violation at all.

That’s all about to change!

Back in 2017, Oregon began to address this issue by passing HB 2598, which expanded Oregon’s Vehicular Assault Statute, ORS 811.060, to protect motorcyclists and their passengers from reckless drivers, making it a Class A Misdemeanor for a reckless driver to injure a motorcyclist or passenger. That same year, Oregon passed SB 493, which made it a Class A Misdemeanor for a criminally negligent driver to seriously injure a vulnerable user.

However, under the current statute, motorcyclists, moped operators, and their passengers are not, even though they are equally susceptible to being directly struck and seriously injured by a careless, or criminally negligent, driver as the other road users.

But, effective January 1, 2020 is Senate Bill 810.  Signed into law back in June, the Bill modifies the definition of “vulnerable user of a public way” to include persons operating or riding on moped or motorcycle.  The law (801.608, “Vulnerable user of a public way”) enhances penalties for motorists who kill or injure motorcyclists, as well as other vulnerable road users such as pedestrians, highway workers or bicyclists.

Oregon has taken an important step to protect riders and their passengers. Oregon now joins the State of Washington along with several other states by treating motorcycles and mopeds the same as other vulnerable road users by significantly enhancing the penalties against careless and criminally negligent drivers.

Thank you Governor Brown!

UPDATED:  November 1, 2019 — Removed the 1st – 4th priority scheme under motorcycle accident causes paragraph (see comment below) as it was misleading.  Added a reference HERE to the NHTSA Highway Crash Data for 2018.

Photos courtesy of ODOT and GHSA

Oregon Crash Statistics & Reports    |    Invest in yourself and Stay Sharp HERE!

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Oregon State Capitol in the Spring

Did you know that in 2013, Portland was ranked as the 10th most traffic-congested metropolitan area in the United States?

Jump ahead two years later, and Portland is now ranked (2015) as the 8th most traffic-congested metropolitan area on a Friday in the United States.

I’m an advocate for motorcycle safety and the passage of laws that improve motorcycle safety with a result of increased motorcycle awareness and driver accountability.  Like many of you, I’ve been riding for a good long while and my perspective comes from years of riding motorcycles across the United States (including in California).

Given the fact that Oregon continues to struggle with funding issues associated with overhauling an aging transportation infrastructure at the same time in which it is coming under increasing strain from population growth you’d think aspects of improving stop-and-go traffic situations would be relatively straightforward.  It’s not!  There is a lot of discussion and hand-wringing in Salem about riding motorcycles, incentivizing motorcycle use in dense urban areas and using less fuel-efficient automobiles, but few actionable plans seem to materialize or get put into motion to address increased traffic congestion.

One could debate if the “let it melt” strategy for ice storms, is being applied to traffic congestion, but instead it would be “watch it get worse.”  I’m still looking for a report out or the glowing “success” memo from ODOT in regards to the near Real-Time Reader Signs on Highway 217 that seldom seem to be accurate.

In fairness, there have been enhancements to various roadways to “ease” some traffic congestion and construction is now happening on Highway 26 to widen the road.  In addition, there is a major enhancement planned to improve traffic conditions and highway operations on I-5 from Highway 99W to I-205.  Part of the Corridor Bottleneck Operations Study, the I-5 project isn’t going to start until early 2018 and hopefully be completed by the fall of 2019.

Below is a quick summary of some key 2017 motorcycle legislation and the current status:

Senate Bill 385Lane Sharing (Highways Only) — Bill would have made lane splitting legal, but has died in the Senate Judiciary Committee.  The Governor’s Advisory Committee on Motorcycle Safety (GAC-MS) discussed, debated and identified merits and problems with this legislation, and decided at its February 16, 2017 meeting to oppose SB 385 by a 5-2 vote in the name of motorcyclist and motorist safety.  ODOT opposed passage of SB 385 citing that Oregonians don’t support this motorcycle riding practice and that the safety of motorcyclists across the state of Oregon will be compromised.  The AAA and the Oregon Trucking Association also testified against the bill.

The next legislative session opportunity is now in 2019.

You might recall that there was an identical bill which failed two years ago — SB 694.  Interestingly this bill received initial support from the GAC-MS.  The group provided written and verbal testimony in support of the bill which made it out of committee (unanimously) and passed the full Senate with a 2/3 bipartisan majority before failing in the House.  The GAC-MS changed its position after SB 694 passed the Senate and then opposed the bill at the House Committee on Transportation and Economic Development.  It’s unclear why the Committee’s position switched or the mixed messages on the riding practice.

What is the Governor’s Advisory Committee on Motorcycle Safety (GAC-MS) you ask?

It’s an influential group comprised of eight volunteer citizens who advise the Governor and the Governor’s Highway Safety Representative on motorcycle safety issues and legislation. The GAC-MS reviews legislation that could or might affect motorcycle safety in Oregon.  The Committee consider’s input from Oregon Confederation of Clubs, Abate of Oregon, BIKEPAC of Oregon, Law Enforcement, ODOT, AAA, Trucking Association to name a few and from motorcyclists and organizations in support of motorcycle legislation.

House Bill 2665Lane Sharing (Lanes and Shoulders) — Allows operators of motorcycles and mopeds to travel on the shoulder of highway during traffic jams or slowdowns.  The Governor’s Advisory Committee on Motorcycle Safety Committee voted to oppose 7-0.

Senate Bill 680Lane Sharing (All Roads) — Allows operators of motorcycles and mopeds to travel between lanes of traffic or between adjacent lines or rows of vehicles during traffic jams or slowdowns.  The Governor’s Advisory Committee on Motorcycle Safety voted to oppose 7-0 in a previous meeting.

House Bill 2598Vehicular Assault of Motorcycle Riders (Enhanced Penalties) or often called the “Driver Responsibility Bill” — Expands offense of vehicular assault to include contact with motorcycle, motorcycle operator or motorcycle passenger.  Specifically adds motorcyclists (and/or their passengers) to a current Oregon law that provides those who operate another vehicle recklessly resulting in contact with and injury to a motorcyclist and/or their passenger to be possibly charged with the crime of “vehicular assault” and its associated penalties.  There is no specific provisions to protect motorcyclists from reckless drivers and there is no specific accountability for drivers that injure a motorcyclist as opposed to a pedestrian or a bicyclist, and motorcyclists are not on the vulnerable users list.

The bill has moved thru the House committee with a “pass” recommendation and is headed for House Floor vote.  The Governor’s Advisory Committee on Motorcycle Safety voted to oppose 4-3 the bill and is determining how best to communicate the Committee’s position to the legislation.

House Bill 2599Helmet Choice — Requires only persons under 21 years of age to wear motorcycle helmet while riding on or operating motorcycle or moped.  This is an emergency bill and would take immediate effect upon passage. Topics discussed included: individual choice, what happens when a rider doesn’t have health insurance and needs long-term care, the efficacy of the age requirement, the inability to see or hear as well when wearing a helmet.

The Governor’s Advisory Committee on Motorcycle Safety voted to oppose the bill.

Senate Bill 36Three Wheel Motorcycle Skills TestingWaiver — This bill eliminates the requirement that DMV conduct a skills test prior to issuance of a restricted three-wheel motorcycle endorsement. Individuals applying for the three-wheel motorcycle endorsement would still take the motorcycle knowledge test.  There are approximately 45 tests offered per year at five DMV field offices for the restrictive three-wheel motorcycle user.  The DMV is not currently granting waivers to three-wheel cycle users and that users who want a three-wheel motorcycle only endorsement still have to take knowledge and skills tests and receive a unique endorsement.

The Governor’s Advisory Committee on Motorcycle Safety voted to support the bill.

I’ll continue to update this blog post as I learn about any bill updates during the 2017 legislative session.

Photo courtesy of State of Oregon

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Many automotive motorists simply are not taking their driving task seriously.

Distractions are everywhere and some seem to think cruising down a public road is a passive activity rather, it’s a complex task that involves concentration and more than just knowing how to use the accelerator, brakes, and steering.

Few automotive motorists will land on this blog post, but if they do here are some key messages for drivers:

  • Look For Motorcyclists — Use your eyes and mirrors to see what’s around, and check the blind spots when you’re changing lanes or turning at intersections. Look, and look again.
  • Focus on Driving — Don’t Text, hang up the phone, put down the eye lash liner brush, stop adjusting the sound system, ignore the navigation system, settle the passengers, and DRIVE.
  • Use Your Turn Signals — Signal your intentions for everyone’s safety.
  • Give Motorcycles Some Room — Don’t tailgate or pass too closely.
  • Take Your Time — Nothing is as important as the safety of your loved ones, yourself, and the others with whom you share the road.

Key messages for motorcycle enthusiasts?  Responsible riding habits are paramount and always worthy of special attention.

2017 Proclamation

May is Motorcycle Awareness Month and it’s time to remind everyone about driver safety.  Please keep your mind on the road!

NOTE:  As of the blog posting time stamp there’s been NO proclamation from Oregon’s 38th  Governor or the Governor’s Advisory Committee on Motorcycle Safety on the May 2017 Motorcycle Awareness Month.  Of course members are supportive of everyone being a responsible rider with efforts centered on training to improve rider skills and communicating the dangers of motorcycling, but a statement for this year has yet to be released.

UPDATED: May 4, 2017 — CORRECTION: Governor Brown did sign a 2017 proclamation in late April about May being Motorcycle Awareness Month.  See HERE.

Photo courtesy of Motorcycle Rider News.

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Spring is here! Flowers are in bloom, birds are chirping, the sun is shining on many days in the Northwest, the days are longer and people feel more energetic.  Many want to get out to a happier place and enjoy the wind in their face.

Interestingly, it’s been reported that the Daylight Savings time change can be dangerous for some and researchers have shown there are increases in motor vehicle accidents.  Lack of sleep impairs driving ability, and driving drowsy can be just as dangerous as distracted driving.

Speaking of distracted driving

If you’ve been on a motorcycle for any length of time you’ve seen it all.  Talking on the cell phone, driving slow and looking down on the freeway, reading email at stop lights only to get honked at, eating and drinking, grooming, fiddling with instrument controls and GPS and talking with a passenger while using their hands for expressions. 

These are just a few of the common types of distracted driving habits that negligent drivers engage in across the northwest.

Screen Shot 2017-04-06 at 12.28.44 PMAccording to the U.S. Centers for Disease Control and Prevention, nine Americans are killed every day in automobile crashes that involve a driver who is distracted by some other activity while behind the wheel (Norton, 2015). As distracted driving crashes continue to claim lives, state agencies like the Oregon Department of Transportation (ODOT) are working to develop countermeasures that will may convince drivers to drive more responsibly.

Despite all the efforts to implement safe driving campaigns which have included things like billboard slogans, graphic video clips, television (TV) and radio ads, publications and legislative initiatives; the crashes continue to increase. As reported by Kullgren (2015), fatal crashes in Oregon spiked from 217 to 288, or 33% from September 23, 2014 through September 23, 2015. During this same time period, total deaths increased from 238 to 312, or 31%; pedestrian deaths increased from 33 to 54, or 64%; and motorcycle deaths increased from 40 to 46, or 15%.

When drivers overstep the inattentive line as they willfully impose their own level of risk on others they become socially and legally responsible. Drivers who allow themselves to be distracted by their multi-tasking activities are increasing the risk factor for themselves and imposing that dangerous limit on motorcyclists, passengers, other drivers, and pedestrians. This increased risk to which others are subjected is similar to other driver behavior’s that are considered aggressive and illegal: going through red lights, failing to yield, exceeding safe speed limits, reckless weaving, drinking and driving, driving drowsy, road rage, etc.  In addition, distracted driving causes auto insurance to go up for everyone and state legislators feel the need to control more of our lives via instituted laws.  

And speaking of legislators, today starts Oregon’s Distracted Driving Awareness Month with a big kick-off event in the capitol.  If you want to read more about the Distracted Driving Epidemic in Oregon see this report which details the problem, identifies some solutions and highlights the sobering facts.

Be alert out there!

UPDATED: April 18, 2017 — Noah Budnick, Director of Public Policy & Gov. Affairs for Zendrive published a blog post with some excellent data on Distracted Driving.  Interestingly was the finding that Oregon was the LEAST distracted of the states, however, the city of Portland was in 10th place of cities that were most distracted.  You can read the blog post HERE or download the report.

References:

Kullgren, I. K. (2015, September 30). More Oregonians are dying in car crashes, new data show. The Oregonian. Retrieved from http://www.oregonlive.com/politics/index.ssf/2015/09/more_oregonians_are_dying_in_c.html

Norton, A. (2015). Texting while driving: Does banning it make a difference? HealthDay. CBS News. Retrieved from http://www.cbsnews.com/news/texting-while-driving-does-banning-it-make-a-difference/

Photos courtesy of ODOT

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Curves Ahead

Curves Ahead

We’ve all done this a number of times.  Riding into a curve, adjusting your speed and noticing that you’re going 5 to 10 miles per hour above the posted speed on those yellow curve advisory speed signs.

Rarely do they seem accurate.

This is all about to change, but I feel compelled to go over this once again since it happens so often. The most common cause of single-vehicle, motorcycle crashes is where riders are seriously injured and/or die each year when they “drift” and/or fail to negotiate turns or curves, and they either end up in the opposing lane of traffic, or they lose control and crash.

One could debate that the worst riders are sometimes the people with the most experience because they think they are the great riders so they sometimes do not exercise the caution that they should.

Screen Shot 2016-07-15 at 11.26.09 AMThe circumstances of drifting and the failure to negotiate a curve have resulted in multiple motorcycle deaths in Oregon just over the last 2 months!  Excessive speed is most often the main reason these “accidents” occur yet it’s one of the most preventable motorcycle crashes.  What typically happens is the rider gets into a turn and suddenly believes they are going too fast to make it around the curve. Maybe the rider hears the pegs start to scrape. Since they are not familiar with that sound, they panic, straighten up the bike, then look at the yellow line in the road, the guard rail, or even the oncoming vehicle and a crash occurs.  In many situations the motorcycle was very capable of making the turn at the speed the rider was going, but the rider was not.

They teach you in motorcycle safety courses that before you enter a curve you should direct your motorcycle to the farthest part of the lane away from the turn so that you can theoretically see around the turn more.  For example, when rounding a curve to the left, position your bike to the right side of the lane and focus on the end of the turn and no where else. Never look at the yellow line, the guard rail, or the oncoming car. If the road curves to the right, position your bike to the left side of the lane as you enter the curve.  However, you might find that sometimes it is not safe to go to the farthest part of the lane away from a curve because of oncoming cars or debris on the shoulder.  In the end the safest thing to remember when going around curves is to keep a safe speed period.

Changes...

Updating curve ‘advisory speed’ signs…

Now about those changes…

Updated federal procedures require consistency of curve advisory speeds on all public roads and the Oregon Department of Transportation (ODOT) is updating curve ‘advisory speed’ signs around the state. This means that some 50-75 percent of all curve speed advisory signs will change over the next three to four years, most will see an increase in the advisory speed of 5 to 10 mph.  Yes, you read that correct.  An INCREASE in speed!

Historically advisory speeds were very conservative or inconsistent and now with new technology to determine advisory speeds for curves they will be closer to what riders should be traveling at through a curve. If you are accustom to going faster than the posted advisory speed it may not end well!

Read more on the comprehensive assessment of the ODOT Curve Advisory Speeds Program (PDF file), performed by Oregon State University researchers.

Photos courtesy of ODOT.
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OR 212/214 - Highway

OR 212/214 – Sunrise Expressway

Its the first new highway (2.15-miles) in the Portland Metro Area in over 30 years.  Yes, you read that correct — 30 years!

The previous new state highway in the Portland area was the opening of the Glenn L. Jackson Bridge in 1982.

As many have noted, it seems the state won’t build a mile of road without a mile of bike path.  Many years ago we were told transit would reduce congestion, now we are told we need to build more light rail and we have to just get use to highway congestion. Most commuters have all but given up on ever seeing extra lanes on constantly congested Oregon 217.  The highway now carries the most traffic in Oregon, with more than 30,000 vehicles a day.  Yet, when surveyed most in Washington county are more concerned about parking at the Nike company store than relieving congested highways.  And then you have Oregon researchers claiming that when it comes to improving freeway traffic flow, sometimes a bigger road really isn’t a better one.

Road expansion in Oregon does not move quickly.  Similar to the winter rain there is a drip, drip, drip process which requires lots of analysis.  For example the Sunrise Expressway project had been under discussion since the mid-1980s.  They broke ground for the project in August 2013 and it took three years to complete opening on July 1st.

Gov. Kate Brown led a dedication on June 30th to big fanfare and media coverage.  She announced that the project will improve safety and ease congestion for people who walk, drive and bicycle in Clackamas.  Likely there was a lot of angst by needing to include the word “drive” to that announcement.  So, after three decades of planning and three years of construction, the Sunrise Expressway, opened. The four-lane, 2.15-mile highway extends the Milwaukie Expressway east to Southeast 122nd Avenue where it links with OR 212/224 – the Clackamas Highway.

Congrats ODOT for getting as much use as possible out of the OR 212/214 transportation system we had up to that point. You’ve spent $130 million on 2.15 miles of highway of which $100 million came from the Jobs and Transportation Act passed in 2009 by the Oregon Legislature.  For a detailed review of the project please see HERE.

Next up are those “smart” highway signs (variable speed signs) which have been in place for well over a year now.  I’m curious how that is working?  Will we be hearing the sound of crickets…

Photo courtesy of ODOT.

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Screen Shot 2016-07-10 at 3.41.17 PMI’ve never been ask this question, but I was curious how you know if you’re under Federal investigation?

In Harley-Davidson’s case it might have been a knock on the door of the Milwaukee HQ.

As it turns out, the U.S. government is investigating complaints from Harley-Davidson owners who say their motorcycle brakes failed without warning.  The National Highway Traffic Safety Administration (NHTSA) states the investigation covers 430,000 motorcycles with model years from 2008 through 2011 and the investigation stems from motorcycles with an anti-lock braking system.

A common motorcycle maintenance task is to replace the hydraulic fluid in the brake system.  Check your service manual, but for many Harley-Davidson models it’s recommended to change the D.O.T. 4 fluid and flush the brake system every two years.

Did you know brake fluid can collect condensation over time from the outside air?  Brake fluid collects water in a similar fashion as your McDonald’s soda cup has water droplets on the outside. Hydraulic fluid will over time absorb water which causes the fluid to boil when the brakes are applied and will reduce effectiveness of the system.  A spongy brake feel might be a combination of contaminated brake fluid or air in the system. Either way, changing the brake fluid is often recommended.

41300152_obBut, I’ve digressed.  Motorcyclists have reported that the brakes on the hand lever and foot pedal did not work, causing one driver to crash into a garage door.

Government regulators said they’ve received 43 complaints, three reports of crashes and two reports of injuries.  The NHTSA said it is possible that some riders who experienced brake failure did not change the motorcycle’s brake fluid every two years as recommended by Harley-Davidson Inc.  The old fluid may corrode valves in the anti-lock braking system, but even if riders did not change the fluid, the sudden brake failure “is a concern.”This is not a motorcycle product safety recall as of yet.

Harley-Davidson stated it was aware of the Federal investigation and that it was cooperating with regulators.

Photos courtesy of H-D.

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