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

[Trevor Bourget]

At 11:29 PM 6/7/2007, Jim Baross wrote:
>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.

I do not agree that a separated paved bike route is properly called a 
path. I suggest we will do everyone a favor by calling these bikeways 
"roads", i.e. a bike road. Nobody would want to call SR243 a "Car 
Path" or a "Multi-Use Road". I suggest we would want to amend 
Streets&Highways Code section to differentiate between recreational 
asphalt sidewalks such as the one around Lake Miramar and 
transportational routes that should be accepted officially into the 
local agency's highway network as a non-motorized road.

I suggest leaving the sidewalks out of the discussion. Agencies do 
not want to be held accountable to maintain sidewalks as 
transportation facilities, and do not maintain them that way now. 
Anyway, sidewalks are almost always part of a highway. There are a 
few stand-alone "pedways", but we should let ped advocates solve 
their own problems.

>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.

I would say that John has been protecting our rights to be treated as 
rightful users of the transportation system. It's hard to fight being 
shoved onto freeway side paths, but at least we can have these paved 
facilities maintained as decent travel ways.

>I think he deserves our thanks.

I hope this should be obvious to everyone. But if it needs to be 
stated, I'll add my sincere appreciation as well.

-- Trevor Bourget