Cities can be sued if they don’t provide a safe environment for pedestrians or bicyclists. Two cases in recent years—including one before the New York Court of Appeals (New York’s highest court)—prove that. But winning a lawsuit against a city is quite uncommon, and the burden of proving municipal negligence is high. An opinion piece in Planetizen examines why more cases are not successful.
legal
Patent lawsuit puts the brakes on a pedestrian safety option
A recent memo from FHWA has complicated the pedestrian safety campaigns of jurisdictions across the country. According to the memo, FHWA is rescinding interim approval for use of Rectangular Rapid Flashing Beacons, known as RRFBs. The cause of the rescission is a patent lawsuit against the manufacturers of the RRFBs.
Wisconsin budget amendment threatens future of bike and pedestrian facilities
The recently passed Wisconsin state budget contains an amendment that removes the ability of local communities and the state DOT to use eminent domain for bicycle and pedestrian infrastructure. This provision, added anonymously at the last minute and passed by the legislature without discussion, will make it much more difficult to construct or even plan for paths and sidewalks that connect destinations and facilitate active transportation.
We all break traffic laws. Why are bicyclists different?
Bicyclists break traffic laws, but they do so at a lower rate than either drivers or pedestrians. It would be safe to say that almost 100 percent of roadway users break traffic laws. Yet the general public’s perception of lawbreaking behavior by drivers and bicyclists is vastly different. This difference may be linked to the low mode share for transportation bicycling, and your personal reaction may be linked to whether you get around by bike and whether you yourself are mostly law-abiding in the same situation. In addition, bicyclists’ lawbreaking ways are rational and generally safe.
Race and class disparities in driver’s license suspension and consequences in California
A new report published by a coalition of legal and civil rights organizations highlights the race and class discrepancies in driver’s license suspension and its effects in California. As more low-income people locate in suburbs farther from jobs and transit, a driver’s license becomes ever more important to reach jobs, schools, and other destinations. Additionally, many jobs and training programs require a driver’s license, and employers sometimes screen out those without a license even if their job duties do not require driving.
Vermont taking steps to reduce the number of drivers with suspended licenses
The Vermont Agency of Transportation is working to reduce the number of state residents with suspended licenses. There are about 30,000 Vermonters with suspended licenses at any time in the state with 626,000 people. The majority of these suspensions are the result of unpaid fines, both for driving infractions as well as for offenses unrelated to driving.
VA Supreme Court: Tunnel tolls are user fees, not taxes
In a ruling denounced by the Portsmouth business community and commuters, but applauded by VDOT, the Virginia Supreme Court unanimously overturned a ruling by a lower court that held the tolls imposed to pay for tunnel expansions and maintenance in Portsmouth are unconstitutionally-imposed taxes. The Supreme Court instead ruled that the tolls are indeed user fees for the benefit of those that use the tunnels, not the general public. The tolls are being used solely to pay for the project, not to raise general revenue; and drivers are not compelled to use the tunnels, so can avoid the tolls. VDOT worried that if the lower court ruling stood it could hamper private-public partnerships in other parts of the state and call into question the entire Public Private Transportation Act of 1995.
VA Supreme Court: Tunnel tolls are user fees, not taxes
In a ruling denounced by the Portsmouth business community and commuters, but applauded by VDOT, the Virginia Supreme Court unanimously overturned a ruling by a lower court that held the tolls imposed to pay for tunnel expansions and maintenance in Portsmouth are unconstitutionally-imposed taxes. The Supreme Court instead ruled that the tolls are indeed user fees for the benefit of those that use the tunnels, not the general public. The tolls are being used solely to pay for the project, not to raise general revenue; and drivers are not compelled to use the tunnels, so can avoid the tolls. VDOT worried that if the lower court ruling stood it could hamper private-public partnerships in other parts of the state and call into question the entire Public Private Transportation Act of 1995.
California first state to regulate ridesharing
California has become the first state to regulate these services and has preempted the ability of local jurisdictions to impose their own rules. The California Public Utilities Commission has set insurance and safety regulations that would allow the services to continue under a new category known as a Transportation Network Company.
California first state to regulate ridesharing
California has become the first state to regulate these services and has preempted the ability of local jurisdictions to impose their own rules. The California Public Utilities Commission has set insurance and safety regulations that would allow the services to continue under a new category known as a Transportation Network Company.