Boulder sheriff decries 'bicycle safety' bill approval

Boulder sheriff decries 'bicycle safety' bill approval : Cycling : Boulder Daily Camera

BOULDER, Colo. — A bill that clarifies cyclists' rights and seeks to better protect them from aggressive drivers has been approved by the Colorado Legislature and is headed to Gov. Bill Ritter's desk for a final decision.

But Boulder County Sheriff Joe Pelle says the bill "goes too far" and warns that there could be trouble if Ritter gives the bill the go-ahead.

Senate Bill 148, also known as the Bicycle Safety Bill, would make major changes to how drivers and cyclists share the road. It passed both the state House and Senate on Monday, tallying final votes of 57-7 and 29-6, respectively.

Provisions of the bill would require drivers to give cyclists at least three feet of space when passing, allow vehicles to cross double-yellow lines to pass riders safely and allow cyclists to ride two abreast as long as they don't impede the normal flow of traffic.

But while bicycle advocates are celebrating the victory and anticipating a final approval by the governor, the Boulder County sheriff said Tuesday that the law would make cyclists virtually immune to prosecution.

"It will be very difficult or impossible to enforce anything against the cyclists," Pelle said.

He said language that allows cyclists to ride in the middle of mountain roads or two-abreast, for example, could lead to increased conflict between riders and drivers.

"There's really nothing now that requires them (cyclists) to yield or move over," Pelle said. "This bill gives them full access to the road."

On the county's open highways, he said, cyclists would not be required to use the special shoulders added specifically to separate riders from traffic.

"Under the old statutes, if a bicycle lane or bicycle path was provided, cyclists were required to use it -- and now they're not" if the bill passes, Pelle said. "Boulder County spent million to build bike lanes."

He said he hopes that most riders will continue to use the designated lanes as a matter of safety.

"There has to be accountability and common sense on both the drivers' and the cyclists' part," he said.

While cyclists should be given a three-foot-wide berth while passing, as the bill would require, the rest of the proposed law gives cyclists "carte blanche," he said.

The bill's sponsor, state Sen. Greg Brophy, R-Wray, said Pelle's concerns are unfounded.

"You can ride two-abreast as long as you're not impeding the normal flow of traffic," Brophy said. "It goes to show we need to educate law-enforcement officers along the lines of what the cycling statues say and don't say."

Donald Cicchillo, president of the Boulder Cycling Club, said he thinks most riders will use common sense and not take advantage of the law.

"The reality is that it's safer to be over on the right in the bike lane," Cicchillo said. "I don't think it's going to cause people to be less courteous."

Dan Grunig, executive director of Bicycle Colorado, called the statehouse approval "a victory for everyone who wants safer roads in Colorado."

"It's been a long time coming," Grunig said. "It gives real clear guidance" about how drivers are to treat cyclists on the roads.

Grunig said the governor, himself an avid cyclist, is expected to sign off on the bill. If he does, the law would likely be signed during a June 7 ceremony and would go into effect Aug. 4.

A spokesperson for the governor's office did not return a phone call Tuesday.

Contact Camera Staff Writer Heath Urie about this story at (303) 473-1328 or urieh@dailycamera.com.