Radical Bike Resources -- Advocacy -- Bicycle Civil Liberties Union (BCLU) -- ABUSE REPORTS The Bicycle Civil Liberties Union The Bicycle Civil Liberties Union ABUSE REPORT:

Date of Incident:
Received: Notice of Dangerous Condition Sent to City of Berkeley December 25, 2009

SENT TO:

Hamid Mostowfi , "Nichols, Matthew" , peakland * AT * ci.berkeley.ca.us, Tamlyn Bright , BFBC-Talk , East Bay Bicycle Coalition , "Anderson, Eric" , publicworks * AT * cityofberkeley.info,"Javandel, Farid"

IMPORTANT: NEW DANGEROUS CONDITION MUST BE FIXED AT ONCE TO PREVENT SERIOUS HARM

Season's greetings,

Notice of Dangerous Condition in the City of Berkeley: Concrete Replacements for Diverter Staples are not visible and pose serious hazard.

With great concern I write regarding the recent appearance of raised concrete structures in place of diverter "staples." Those original staples were designed and built to prevent motor vehicles from violating the barrier system, yet have posed a long-term source of danger and harm to bicyclists. The new replacements pose a similar but new harm and danger. This is also a newly created trip hazard for pedestrians.

I am aware of two of these dangerous replacements for staples, both of which have recently appeared on the Russell Street Bicycle Boulevard: one just east of Piedmont Avenue, and one just west of College Avenue. If there are more such installations, then the concern of this Notice surely extends to those as well.

The new installations are unpainted, without reflectors, and are easily missed, particularly at night. That they are shorter in height than the staples may improve their safety in the event of a collision, but may make a collision more likely as they are lower to the ground; shaped, colored and textured more like the pavement; and do not have a "window" at bottom to help them stand out against the background. Moreover, they are longer in length, so a cyclist is more likely to sideswipe them or strike them at an angle and crash.

If there is an intention to make the new installations more visible, it must be done at once, before more tragedies accrue.

As previously noticed, staples are inherently dangerous. I know a woman who had her collar bone broken by the staple on Russell, just east of College. Other such first-hand reports of injuries have been supplied to the City. This is surely an under-representation of the true human cost of the staples, and more evidence of long-term neglect and failure to take seriously the everyday safety hazards bicyclists face.

Staples are often dark, missing most if not all paint, without reflectors, and placed in shaded areas. At night, and at other times, it is very easy for a bicyclist to not see these unusual and thus oft unexpected installations, and a collision can be very serious, even fatal. On downhill routes, such as Russell, the concern is even greater (similar, but possibly even more dangerous here, than the recent improperly placed Botts Dots which seriously injured or killed at least one cyclist, on the Virginia Street Bicycle Boulevard (see forward, below). That injury occurred very soon after the new installation; the riskiest time for many cyclists is NOW when the change is unexpected and unknown.

IMPORTANT: NEW DANGEROUS CONDITION MUST BE FIXED AT ONCE TO PREVENT SERIOUS HARM

Please correct this dangerous condition at once.

I remain available as a resource to assist in finding a solution. One partial solution would be to place stanchions on top of the new structure for visibility. Another partial solution would be to surround the new structure with highly reflective elements (enough that they can be maintained, and are highly visible in ambient light). Another solution would be to remove the new structures entirely, and provide smooth pavement instead, as they are inadequate at their current height to prevent ANY vehicles, and thus serves merely as a visual deterrent. Safer visual deterrents are available. Long-term, the City should consider creating a new class of barrier to correct the long-term "winners and losers" dichotomy and allow the traffic calming benefits of barriers to more people, deliberately excluding filtering structures such as staples or these new installations. This new approach to barriers can take the form of a "neighborhood resident traffic only" or "local traffic only" type of barrier: less enforceable, but universally more effective and more equitable; without spilling the blood of bicyclists on our streets as currently implemented.

Thank you for your consideration of this issue.

Happy holidays.

Sincerely,

Jason Meggs

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Jason N. Meggs, MCP, MPH
California State Coordinator
Bicycle Civil Liberties Union
P.O. Box 15071
Berkeley, CA  94712-6071

http://www.bclu.org/

Phone/Fax: (510) 486-1528
Mobile   : (510) 725-9991
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=


>
>
> ---------- Forwarded message ----------
> Date: Fri, 13 Jun 2008 18:41:27 -0400 (EDT)
> From: Jason Meggs 
> To: hmostowfi@ci.berkeley.ca.us
> Cc: "Nichols, Matthew" , peakland * AT * ci.berkeley.ca.us,
>    Tamlyn Bright , BFBC-Talk ,
>    East Bay Bicycle Coalition 
> Subject: Botts Dots at Spruce and Virginia: Notice of Dangerous Condition (plus
>    additional)
>
> Hello,
>
> With concern I am writing regarding the newly installed botts dots at Spruce and Virginia.  I am also writing generally regarding this challenged intersection its relationship to the area.
>
> I regret that I did not notify the city of this concern earlier; at least one bicyclist was injured at this location, quite likely due to colliding with the botts dots.  I have attempted to obtain the police summary but do not yet have the specifics; this is based on second hand reports and I encourage you to obtain the report.  Reportedly the cyclist was taken away in an ambulance, leaving a pool of blood behind.  Reportedly the officer present believed the botts dots were the cause of the crash.
>
> While I applaud efforts at traffic calming, which are sorely needed thoughout the city, the new dots are large and positioned closely on a curving downhill on a bicycle boulevard.  Visibility of the dots is impaired in many ways, varying with time of day.  Based on my lifetime experience as a bicyclist and now as a bicycle/pedestrian planner, that a bicyclist will strike them and lose control in the normal course of events is a given.
>
> Highway Design Manual
> =====================
>
> As I'm sure you're aware, Caltrans Highway Design Manual Chapter 1000, page 8, section 7, states unequivocably that "Installation of 'speed bumps' or other similar surface obstructions, intended to cause bicyclists to slow down in advance of intersections or other geometric constraints, shall not be used. These devices cannot compensate for improper design."
>
> While the dots are not speed bumps, and may or may not have been intended to slow down bicyclists, they are much more dangerous than speed bumps and are a surface obstruction.
>
> Immediate Resolution
> ====================
>
> The hazard must be eliminated at once.  Ideally this can be done while still providing a traffic calming treatment.
>
> Rather than remove the dots, their visibility can be improved with stanchions. This would make bicyclists aware of their presence.  The stanchions would have to be tightly clustered so as to prevent any scenario where a bicyclist would contact the dots.
>
> Alternatively, the dots could be removed and stanchions put in their place. Stanchions running the entire length of the street, with breaks for driveway access, would help improve safety and accomplish goals of traffic calming as speeding and crossing over the center of the street is commonplace on this curving downhill segment.
>
> Other observations:
>
>  1) The dots should be much more reflective;
>
>  2) The dots are colored similarly to centerline orange, which
>    contributes to their camoflage;
>
>  3) A warning painted around the dots would be helpful.
>
> Intersection Design
> ===================
>
> The entire segment area needs to be re-evaluated due to its unusual design and high traffic volumes, particularly as it is located on a bicycle boulevard and is close to a school, making it a preferred "Safe Route to School."
>
> Presently, the intersection of Virginia with Spruce is offset by a long distance (approx. 130 m), complicated by curving streets with elevation changes resulting in poor sight lines, high speeds, and unexpected conflict points.
>
> A large traffic circle at Spruce and Virginia would help to reduce the perils there.  There is ample space for a sizeable circle.  A circle is also suggested for Arch and Virginia.
>
> Bulb-outs, barriers, stanchions, or temporary bollards would act to reduce the free right turns from Arch to Virginia and from Virginia to Spruce, which motorists execute regularly without regard for the stop signs present.
>
> Cut-through traffic
> ===================
>
> There is cut-through traffic taking advantage of the lack of a stop sign at Hilgard, using the segment as an alternative to Cedar, particularly at evening peak.
>
> Right turn restrictions from Arch to Virginia and from Virginia to Spruce would assist with this and would be consistent with the Bicycle Boulevard implementation (long awaited).
>
> Reversing the stop signs at Hilgard is something I've already advocated for with regards to the Bicycle Plan, because Scenic would make and excellent part of a bicycle route to North Berkeley from the top of campus (in conjunction with other streets: Gayley->La Loma->Le Conte->Cedar). It suffers from stop sign problems, discontinuuty and terrible pavement, but benefits from consistent elevation and beautiful features. Designation would improve the stop sign, route marking, and pavement prioritization.  That idea was to be re-evaluated through the update process.
>
> Protecting Bicyclists by Anticipating and Accomodating Routine Behavior
> =======================================================================
>
> While it might be argued that crossing the center line or contacting it is "illegal," as has been argued with the trick lighting safety issue, the reality is that ordinary human behavior will result in doing so, with or without criminal intent, on a regular basis, and the right to cross lines is not punishable by death or injury.  I hope you will agree on both counts.
>
> Expedient Resolution
> ====================
>
> Due to the ongoing problems with this intersection, please act swiftly. I am happy to consult further and help in any way I can.
>
> Please correct the botts dots Dangerous Condition immediately. Please begin further improvements to correct the overall problem with the intersection. Please also request full details of the recent crash and let the bicycle community know those details.
>
> Thank you for your consideration of this issue.
>
> Sincerely,
>
> Jason Meggs
>
> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
> Jason Meggs
> California State Coordinator
> Bicycle Civil Liberties Union
> P.O. Box 15071
> Berkeley, CA  94712-6071
>
> http://www.bclu.org/
>
> Phone/Fax: (510) 486-1528
> Mobile   : (510) 725-9991
> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
>
>





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