Legislation to watch this fall in the D.C. Council
The Council of the District of Columbia’s legislative session is in full swing with four bills relevant to bicycling. Here are brief summaries of each bill and links to the full legislative language. We will be tracking the progress as these bill move forward (or don’t).
Bicycle and Pedestrian Safety Act of 2015 (B21-0335)This bill reflects the consensus recommendations of the Bicycle and Pedestrian Working Group, (convened by Councilmember Cheh and co-chaired by WABA and AAA Mid-Atlantic) which was formed to assist the Council in reforming the District’s laws, regulations, and policies to improve road safety. It includes improvements to crash data reporting, adopts a Complete Streets policy, creates pedestrian and bicycle priority zones, adopts “stop as yield” (a modified version of the Idaho stop law) for bicycles, clarifies that existing laws prohibiting opening doors into traffic apply to bicycles, and a host of other safety improvements.
Vision Zero Act of 2015 (B21-0383)Mayor Bowser’s bill codifies aspects of the District’s Vision Zero plan. The bill makes the Complete Streets policy law; bans the use of ATVs and dirt bikes on D.C. streets; establishes an ignition interlock device program for repeat DUI offenders; changes fines and jail sentences of drunk drivers; increases fines for distracted driving from $100 to $500 and adds two points.
Motor Vehicle Collision Recovery Act of 2015 (B21-0004)If passed, this bill will bring D.C. negligence laws out of the dark ages and more in line with the majority of states. Under current D.C. law, a bicyclist injured in a crash cannot collect damages if she is found to have been in any way at fault, even if the other party bears a disproportionate amount of blame. As a result, insurance companies routinely deny claims resulting from crashes, leaving injured bicyclists with few options. Under the proposed bill, contributory negligence could not be used to deny coverage to a bicyclist or pedestrian who was 50% or less responsible for her injuries. It also explicitly retains the doctrine of joint and several liability— a primary concern for the D.C. Trial Lawyers Association that contributed to an earlier version of the bill being tabled in 2014.
Enhanced Penalties for Distracted Driving Amendment Act of 2015 (B21-0021)This bill, introduced by D.C. Council Chairman Phil Mendelson, strengthens the penalties for distracted driving. Under the proposed law, the first violation would result in a $100 fine, with fines escalating for repeat violations over an 18 month period. The second violation in an 18 month period would be a $200. Any further violations would incur a $400 fine and suspension of license and vehicle registration for 60 to 180 days. Points could be assessed for a second violation within 18 months even if the violation did not result in an accident.