New Bill Impacts Cyclists
What is the Roadway Obstruction Amendments Bill?
On November 17, 2020, a draft of the ROADWAY OBSTRUCTION AMENDMENTS was presented. The bill holds the potential to absolve drivers of responsibility in crashes involving bikes and pedestrians that occur daily. According to the bill's text, “This bill: Makes the intentional obstruction of traffic during a riot a third degree felony; Eliminates criminal responsibility of a motor vehicle driver for injury and death caused while the motor vehicle driver is fleeing from a riot, if: the motor vehicle driver is under a reasonable belief that fleeing is necessary to protect the motor vehicle driver from serious injury or death; and the motor vehicle driver was exercising due care at the time of the death or injury; and makes technical changes.”
The author of the bill, Utah District 57 (Pleasant Grove) Representative Jon Hawkins, has stated that this bill will also be used to define a “riot” in more detail than currently exists under Utah State Law. This will have a retroactive impact on any previous legislation containing the words as well. While this bill is undoubtedly a response to current social and racial justice protests throughout Utah, the United States, and worldwide, and those causes should not be overlooked, it will also have a lasting effect on future movements in support of cycling and walking.
Why should this matter to cyclists?
Historically, group rides such as Critical Mass have sought to promote safety in numbers and provide active representation on roadways throughout the world since 1992. Recreational group rides hosted by local teams and bike shops also seek to provide safety in numbers as they travel through the streets, canyons, and vast landscapes throughout Utah. Through group rides such as these many people have gained the confidence to see cycling as a viable method of transportation and recreation in the modern world. The language proposed within the bill states that “Riot, as described in Subsection (1), is a felony of the third degree if, in the course of and as a result of the conduct[,]: ...(c) the individual intentionally obstructs traffic…” while two or more individuals act simultaneously. This language not only creates opportunities for citation and arrest of cyclists but also provides potential justification for a scared or confused motorist to inflict injury or death without criminal liability.
Alternatively, protests centering on bicycles and pedestrians have reshaped city landscapes such as Amsterdam in the 1960’s and 70’s by shutting the streets down. Through protests led by women and children, bikes and pedestrians took the roadways and demanded safer infrastructure that decentralizes the motor vehicle. Reclaiming the streets for people and creating the bike capital of the world. Many of the strategies utilized during these protests would now fall under the scope of “tactical urbanism,” a way to create temporary changes to a small area of local infrastructure (streets, sidewalks, bike lanes, etc.) to see how it affects important things like traffic flow and calming pedestrian and cyclist safety, and other objectives. Often these projects result in permanent positive changes. The proposed Roadway Obstruction Amendment and accompanying updates to terminology surrounding the term riot could see actions like these resulting in third degree felonies for “rioters” as is included in the proposed bill, rather than increasing safety and developing infrastructure within local communities by activists and community members. Legal steps towards the justification of vehicles as weapons will only make the streets less safe.
What happens next?
Currently, the bill has passed the 2020 Law Enforcement and Criminal Justice Interim Committee with less than unanimous support from both the Utah Senate and House members and will be reviewed by Representative Hawkins. The updated bill will then be numbered in early January 2021, at which point the updates will be publicly available before it goes to a vote during the 2021 Utah Legislative Session taking place from January 19, 2021, to March 5, 2021.
What can you do?
If you are interested in voicing your opinion, Representative Hawkins has stated that he is open to discussion. You can also look up your local representatives and send them an email or give them a call and let them know how you feel! Join our email list so you can stay up to date or email us directly at info@bikeutah.org to become directly involved in our work to keep cyclists and pedestrians safe.
