[SDCBC] [CBC] Bike Path Liability/Prokop case result is in

[Jim Baross]

At 05:16 PM 6/7/2007, Bob Sutterfield wrote:

>Does the Prokop decision on Class I bikeways (separated right-of-way)
>have any bearing on Class II and Class III (on-street) bikeways?
>Specifically, does immunity extend to bike lane stripes?
 >>>>>>>>

No. The Prokop appeal did not involve Bike Lanes (Class 2) or Bike 
Routes (Class 3) facilities, only Bike Paths (Class 1) and Trails. 
Though the way even advocates of bicycling confuse the titles of the 
various and distinct types of bikeways, I wouldn't bet against some 
attorney somewhere trying to make a case that ANY "bikeway" is 
primarily for recreational purposes therefore it's a trail and no one 
should be held responsible for damages incurred on recreational 
trails.  :-(  :-(

For further information about the Prokop appeal, you could visit and 
read at http://www.cabobike.org/prokop.htm, and the text of the 
courts decision can be found at 
http://www.courtinfo.ca.gov/opinions/documents/B184025.PDF .

You may be interested to know that the CABO board has decided to try 
for legislative support for a clarifying change in related State 
codes to straighten out the fuzzy distinction the courts found 
causing them, IMHO, to confuse Bike Paths with Trails. We will need 
to convince sufficient numbers of legislators that Class 1 bikeways, 
normally and properly called Bike Paths, are and were intended to be 
transportation facilities deserving of equal protection and 
responsibility by the owning agency as is applicable to other 
transportation facilities such as roads, Bike Lanes, Bike Routes and 
sidewalks.

CABO is basing this approach partly on the last section of the appeal 
court's decision, quoted here, "Because of the legislative blending 
of paved bike paths (which are used principally for recreation) into 
the bicycle transportation system (which the Legislature established 
to achieve functional commuting needs), it may be appropriate for the 
Legislature to reexamine the trail immunity statute and its 
application to class I bikeways in urban areas.  Unless and until the 
Legislature decides otherwise, however, we conclude no basis exists 
to depart from established precedent."

An alternative approach, to petition the State Supreme Court for an 
opportunity to appeal the Prokop decision, is being pursued as well. 
This effort is being funded primarily by John Forester... as was the 
Prokop appeal effort.

I hope that people realize the time, effort and significant financial 
investment John has been willing to make to try to protect the 
integrity of Bike Paths as transportation facilities... for all of 
us. John, as many of you know, has been involved from the early 70's 
protecting the rights of bicyclists to travel with relative safety 
and efficiency - He is the author of "Effective Cycling" and I 
consider him to be the originator of the concepts of Vehicular 
Cycling in the US. I think he deserves our thanks.

Thank you John!

Jim (presently avoiding Bike Path use) Baross