Delaware on track to smash 2021 crash fatals

First 2 months of 2022. Multi-year sampling periods confirm the

trend we are on. Click on image above for the latest numbers.

Statistically, Delaware is heading for a road safety disaster in 2022 - in particular New Castle County. Speeding, aggressive and distracted driving is rampant, with per-capita injuries and fatalities on pace to surpass even Florida. Despite strict laws to the contrary, many (if not most) offenders have a State-approved aftermarket and/or modified exhaust system. These behaviors account for why virtually nobody rides a bicycle for transportation or recreation -- even after 10 years of Complete Streets policy implementations.

There is virtually no pro-active law enforcement, particularly within Delaware's vast unincorporated zones. Police are few and far between, and spend most of their time answering 911 calls. An active and growing minority of drivers know this, as evidenced by the many vehicles now sporting fully tinted windows (also illegal). Even the City of Newark won't enforce the most deafening and disturbing of "loud mufflers". The lack of such basic government services has Delaware ranking criminally awful (CFPI), especially in matters of transparency. It is a top-5 worst State to live on several key socio-economic fronts, and consistently ranks as most dangerous to walk or ride a bicycle .

Mean Streets: designing cars like Dearth Vader

Our safety and quality of life is being destroyed right in front of our eyes; vehicle assault and violence is deafening our ears and ruining our health. County and State legislators offer token support, sometimes introducing bills that build on existing laws -- but these come up woefully short on enforcement. Organizations that claim to advocate for bicycling and connectivity have either given up on road safety or appear to be co-opted.

Minus a paradigm shift, and a mass conscience re-awakening toward the common good, things are only going to get worse. The suburbs, which comprises the vast majority of Delaware's built environment, are "entropy made visible", and will not be rescued unless we collectively change our thinking.

The above assaults are becoming more and more prevalent, even on Delaware's "quieter" neighborhood streets. We are trying to obtain 911 call data, that shows that this is among the most frequent emergency call types in New Castle County (stay tuned).

Above: "Bike Lane" on Red Mill Road in Ogletown. Authorities often question as to why so few people ride in Delaware, yet the answer is laid in rubber for all to see.

Zero enforcement: Delaware rounds out top 5 in Noise

Cross-posted from Bryan-Townsend.com

Time and time again, Delaware fails miserably when it comes to leadership and quality of life. Here is yet another measure reaching the top 5: Noise. This study only crunched some numbers, and cited statistics, but it failed to include other factors such as law enforcement (level of, lack thereof). It didn't include the colossal failure by the State and its various Police agencies to penalize and/or prosecute for drag racing and modified vehicle exhaust systems. These include "fart can mufflers", straight pipes or other modified systems that vastly increases vehicle noise. For most residents living in New Castle County's suburbs, for example, even a half mile from the nearest arterial road can sound like track-side at a NASCAR event. Many people hear it inside their homes, even above their TV, especially on weekend nights. There is no police enforcement of this crime, so the offenders know they can get away with it. Often times, the decibel on acceleration is 120+ decibels, which if you're a pedestrian or bicyclist, is hurtful or damaging to the ear. This is assault, and 100% illegal according to Delaware law, in multiple code sections (HERE & HERE). Yet, as expected, it gets a free pass by Townsend and cohorts.

Where is Senator Townsend on this? Nowhere, that's where. He would rather pass a bill to criminalize snow on car rooftops, that may happen a few times each Winter. On the other hand, oppressive and painful vehicle noise from non-standard illegal exhaust systems goes FAR further in destroying the qualify of life, health and wellbeing of everyday Delawareans. Why doesn't Townsend and his Democrat-controlled legislature introduce a bill to step up prosecution of this deliberate and disgusting act by a small minority that hurts the clear majority, AND wildlife? Even the City of Newark and University Police won't enforce deafening vehicle noise, in an environment rich with walking and bicycling on or near the roads.

Senator Townsend, along with Rep Edward Osienski and NCC's Lisa Diller are the epitome of failed leadership. Not just in Delaware, but any State. Until we rise up and hold them accountable on issues like this, there will be no end to the corruption, in sight. Delaware is represented by the 4th most criminal State govt in the nation. Its residents have to act and vote with this in mind, in order to stop them.

Vehicle noise assault on a "complete street" in New Castle County, Delaware.

“If anyone walking along the sidewalk were to make deafening noises, spew poisonous gas into innocent faces, and threaten people with a deadly weapon, they would be arrested. Yet a few feet away, on the public roadway, it is considered normal behavior” ~Steve Stollman

Senator Jack Walsh obtains quotes for "20 is Plenty" in Delaware

Dear Senator Walsh,

In researching problems of speeding on neighborhood streets, there are Cities and States around the country that have come up with non-infrastructural solutions that quantifiably reduce speed. These involve flexibility in lowering speed limits by 5 (via unique signage and/or a campaign), or more effectively enforcing existing ones with better or more pronounced signage. Please review the following two PDFs of bills that were passed in 2 States: Washington and Oregon.

It has become clear that "everyone wants speed bumps"; that is the immediate answer anytime when asked for at a meeting. If so, then we have a serious problem in DE with speeding in residential areas. If a vocal resident is one of the lucky ones, the State sets out to measure 85th percentile, then they may issue a warrant if it exceeds 5 mph. Apparently, these asks are frequent, and costs high for installing speed bumps. And many are rejected even if there is a demonstrable speeding problem as in the case of Medley Drive.

As your constituent, would you consider writing a bill, perhaps combining the best of the two above, gather some co-sponsors and bring it to the floor for a vote? It may be tabled, or not pass the first time, but after repeated attempts, it might. Then, DelDOT would be free to try other calming means, e.g. signage, that is far less expensive than speed bumps, and could save lots of money and asphalt. We will attach a couple examples of such signs.

As an annual top-5 most deadly State in the U.S. for walking, we ask that you (and/or your Colleague Rep Bentz) consider writing and introducing such a bill, and if you will not, please explain why. Here is some additional reading on the subject (here and here).

Thank you very much, and we look forward to your reply.

Frank Warnock & Angela Connolly
www.ogletownresilience.org
---

Senator Jack Walsh responds:

Good Afternoon Mr. Warnock,

Thanks again for sending us those bills. We have completed an initial review with DelDOT and received a relative cost estimate that would be necessary if we were to change the residential speed limit from 25 MPH to 20 MPH statewide. The estimate ranges from approximately $550,000 to $1.1M for the installation of 2 signs per development since we maintain 1,501 developments statewide. This type of effort would involve fabrication and installation of over 3,000 signs at a minimum. However, the estimate doesn’t account for:

• Developments that have multiple access points or speed limit signs (some developments have as many as 4-5 access points, if not more).
• Speed limit signs co-posted with radar speed signs within developments.
• Roads within municipalities that are state or locally maintained, such as Wilmington, Newark, Dover, Rehoboth, Lewes, etc.

We have also discussed these bills with our colleagues, and we will continue to do so over the next few months. For the reasons listed above, however, we are not confident that we would be able to move legislation you proposed forward at this time.

However, we have asked for an estimate for a radar signs to be installed on Medley Dr. This will show drivers how fast they are going along with displaying the speed limit. We will review once receiving the estimate.

Have a nice day,

Jack J Walsh
State Senator 9th District
O: 302-744-4163
C: 302-660-6295

Editors note: Why isn't Bike Delaware working on this? Unfortunately, their record suggests they won't, given other priorities.

Bike-Ped Dead: 6 Solid Reasons For Delaware's Dismal Ranking

Even with a flashing beacon, motorists still have

the right of way to continue, at speed, through
DelDOT's crosswalks without penalty -- as long
as peds (and bikes) are side-lined and waiting.
This is a completely backwards approach.

Delaware is once again poised for a dismally high position -- if not taking the nation's top spot for walking fatalities again this year. Ditto for bicycling - in a runaway - but we will cover that in a future article. Here, in no particular order, we will examine what we believe are the top 6 reasons for why this is so and will likely never change:

1) Motor vehicle priority and right of way through crosswalks and intersections. Delaware gives motor vehicles priority and right of way through mid-block crosswalks and radial turns, and puts the onus on pedestrians to create his or her own opportunity to cross. This doesn't change even with DelDOT's flashing beacons installed at a few of them; peds are still sidelined, waiting to make the first move -- hoping cars will stop. In no way is this progressive or conducive to pedestrian safety.

The way it should be. With a little enforcement. Mass

sees far greater compliance using this simple sign than

DE will ever see using stick figures and beacons.

2) An antiquated traffic code for pedestrians. There are numerous discrepancies and problems that a complete overhaul of Delaware's vehicle code is LONG overdue. The language is so antiquated that it even includes a holiday as impacting where and how to enforce it, including "soliciting contributions shall not apply on the Saturday immediately prior to Father's Day". Advocates volunteered many hours of time and did an overhaul, presenting it in legislative bill form to Delaware's Pedestrian Council. Ultimately, the State's defacto walking advocacy org, Bike Delaware, infiltrated the Ped Council and quashed the effort.

Crosswalks through highway-speed kill zones.

3) Wide lanes, slip lanes, and unregulated radial turns that induce high speed and discourage defensive driving, even in known pedestrian hot spots. Instead of traditional crossroads, most of Delaware's suburban thoroughfares consist of radial turns to keep motor vehicles moving as quickly as possible through intersections. This seriously compromises pedestrian safety, since the beginning and end of the crosswalk is unregulated and never signalized. As they are induced to maintain speed, motorists seldom yield, and usually just barrel on through even when pedestrians are present. This is not at all conducive to pedestrian safety, and not only adds to the danger, it discourage walking in the first place.

Non-drivers will often create "goat paths", as

the State and its Counties will not seek out and

try and include these important connections
with area rehab & reconstruction projects.

4) Very few pathway facilities that make safe connections between existing communities, commerce, and civil services. Lack of connectivity in development codes, and an ignorance of livability concerns throughout most of Delaware's planning history have all but sealed the fate of its suburban dwellers. Bike Delaware at one time made mention that connectivity is their mission, which includes piecing together what few streets do connect to try and create low stress networks. But for the vast majority of disconnected and unincorporated suburbs, they have yet to demonstrate how interconnecting pathways can be added without violating private property rights and/or invoking imminent domain -- never mind the exorbitant costs involved. In the end, those walking and biking are inevitably forced out onto arterial roads and their high speed intersections to reach most destinations.

5) An apparently fraudulent "Advocacy" organization in Delaware that will not support reforms, including a bill proposal (see #2 above) to update the traffic code in the interest of safety. "Bike Delaware" lobbies for reforms with priority on new housing construction only, helping developers achieve density waivers. With the occasional bone thrown to seasoned cyclists, they can focus on builder's profits with advocacy for "TOD" (Transit Oriented Development) and have this slip by virtually unnoticed. They ignore even the simplest ideas for retrofitting the built environment and have no record of endorsing open space conservation and park opportunities. Virtually all of their efforts are focused on the more privileged areas of the State including Old New Castle, the home of their Exec Director himself. For the unincorporated and disenfranchised folks who lack open space, bike paths and/or regional park access from home, they have to settle for what's on offer. This includes the high speed arterial roads and highways discussed here, for pleasure activities such as biking, walking and jogging.

6) Very little police presence and law enforcement to begin with. It is no secret that the police in Delaware -- in particular State and County -- are either stretched way too thin or even working without a contract. In what's become a culture of "anything goes", progressive reforms that include, e.g. stronger crosswalk signage with actual fines posted will remain out of the question. Unless a rare sting, the police are never around to actually enforce it, except perhaps in court after an injury or fatality. It is not uncommon at all for residents in unincorporated areas to go weeks or months without seeing a squad car in their region. When everyone knows that they can stretch, bend or break even the most basic laws of civility and predictability, higher crash counts inevitably follow. While the actions of the pedestrian (or bicyclist) is always cited as contributing or not, a gross lack of defensive driving due to paltry driver education, no redundant education, and virtually no law enforcement is a far greater problem overall.

Summary: Though certainly not alone in this, Delaware's built environment is a microcosm of the death and carnage now accepted as "normal" in the U.S. -- normal by placing motor vehicle traffic at human scale. Earlier govt planners, engineers and architects foisted this upon us by trashing livability in favor of "Stroads" that incorporate driveways, streets, parking lots, etc as directly connected to highways. Post WW2 design should have included frontage, service, and ring roads, and other treatments that allow highways to stay just that: relatively uninterrupted carriage ways between larger destinations with ample walking-biking cross-through (tunnel under) opportunities. Now dangerous by design, the State and its Counties (along with their Advisers and Advocates) are unable or unwilling to provide the needed tools and coping strategies.

View the proposed updated Delaware Vehicle Code for Pedestrians in pdf format, that was quashed by Bike Delaware and the Delaware Pedestrian Council with no further discussion. It was crafted by using the best of language from progressive States, e.g. Washington, Oregon, Mass, etc where motorist's respect for non-motorized road users is visibly higher than in Delaware, and the statistics are there to back it.

View the 2018 pedestrian fatality statistics for the whole of the U.S. Delaware took a "rest" from the top 5 in 2018, but is set to return in 2019.

Read an article in Strong Towns comparing Streets, Roads, and "Stroads", and what we can do to eliminate the latter in favor of livable streets and communities.

Watch James Howard Kunstler on YouTube destroy the very notion of cars as human scale.

Delaware set for first place in pedestrian fatalities (again)

Why did Bike Delaware quash proposed reforms to the State's vehicle code in the interest of walking (and bicycling) safety?

What can we say, about Delaware's consistent ranking among the worst States in the U.S. when it comes to pedestrian fatalities? Unfortunately, 2017 will almost match 2015, when the State took the #1 spot per capita -- even beating Florida. Currently at 32 dead, that translates to 3.9 per 100,000 residents, and will likely get us there.

DelDOT is adding crosswalks, sidewalks, bike lanes, etc whenever possible, on a limited budget, usually during repave and reconstruction projects. But facilities can only do so much; Delaware has an enormous problem when it comes to aggressive and distracted driving. Most use "smart" phones behind the wheel --  and very few drive defensively. Law enforcement is weak to non-existent, mainly throughout the State's unincorporated zones (most of the State's suburbs). Combine that with some pedestrians who are wayward and/or wear "dark clothing" -- as the press loves to point out -- and that's what gives us this horrible distinction.

As most are now aware, the Advisory Council on Walkability and Pedestrian Awareness was created in October 2015 to begin addressing the issue. Unfortunately, little they propose will change anything; their main focus is reigning in careless pedestrian behavior. Without stepping up vehicle law enforcement, too many drivers will continue to speed, act with aggression and intolerance, share attention on the road with their "smart" phone, and fail to account for vulnerable road users. As a result, they see them when it's too late. According to every national study ever conducted on the subject, use of phones while driving is the equivalent of  DWI -- yet even texting is readily dismissed by law enforcement as a societal norm. This gross disparity is where most of the problem lies.

Shortly after its inception, the ACWPA was gifted a historic opportunity to reform Delaware's vehicle code for the purpose of pedestrian safety. On Christmas Eve, 2015, Amy Wilburn (former Chair of the Delaware Bicycle Council) and Frank Warnock sat together at Friendly's Restaurant and crafted language for a Senate bill. They did not re-invent the wheel; they merely borrowed language found in States ranking far higher than Delaware, including those at the top like Massachusetts and Oregon.

For reasons we'll never understand, the Council handed Bike Delaware control of a subcommittee that ultimately quashed any notion of changing the law. Passage of the "Pedestrian Bill", as it was referred to, would have been just the shake-up Delaware needed to put the focus on pedestrian safety and motorist's behavior around them. Instead, they thought it best to go on victim blaming,  and to better accommodate bad driver behavior. Until that changes, we will continue to be the "1st deadliest State" in the nation where walking is concerned.

Finally, DelDOT's stubborn insistence on utilizing the 85th Percentile when setting speed limits is literally killing us. Too often, this method results in highway speeds that are permitted through zones rich in walking and bicycling activity, including residential, retail -- even in front of schools. By assuming that basically 85% are "good drivers", this too is a direct contributor to the problems outlined above.

In the years ahead, let's hope life overtakes the need for speed and saving scant seconds in every trip we take, regardless of transportation mode.

Bicycle-Friendly Delaware Act weakens 3' Passing Law

We reviewed the updated vehicle code resulting from the passage of HB-185 (Bicycle-Friendly Delaware Act), found in DE Title 21, Chapter 41, Section 4116. Missing is any reference to safe passing distance of bicyclists unless being overtaken by a vehicle in the same lane, assuming it is wide enough to safely share. Riding within shoulders and/or bike lanes is not accounted for, which are very common and count as a lane in their own right.

A Newark commuter enforces the 3' passing law - with a shovel. 

The original vehicle code wasn't the clearest either, but it could have been construed that motorists are to move out at least 3' regardless. By not including shoulders and/or bike lanes, Bike Delaware failed to cement these as applicable; therefore, you are not covered under the safe passing law because you are in your own lane of travel. Motorists who overtake while straddling the white line -- common, often deliberate -- are permitted to do so as long as keeping to their own lane. In a 4' bike lane, for example, the bicyclist's footprint can occupy as much as 3' elbow to elbow. For a motorist with a tire on the white line, this would leave a foot or less passing clearance. This is especially terrifying in high speed conditions.

As we already discussed in previous articles, HB-185 did include some long overdue updates to the vehicle code, and we applaud the hard work that went into that. Unfortunately, what could have been a great bill ended up fair, and somewhat hurting past progress as seen here. The bill also came up short by failing to include any anti-harassment language, except a ban on frivolous honking, as we discussed in this analysis.

This is what to expect when you have a LAB sanctioned State organization whose approach to advocacy lacks pragmatism and balance. Their inner sanctum only recognizes total separation from traffic -or- total integration with cars, and nothing in-between. As a result, they do not support on-road bicycling infrastructure, but at the same time, believe it is they -- and only they -- that represent the interests of bicyclists in the State of Delaware. Because of this, they would never think to engage the wider bicycling community for input. Had they done so, we might not be faced with this predicament.

Conclusion: We'll again repeat that, as a non-profit organization, Bike Delaware must become more open and transparent. Nobody knows what they are doing until it is already in motion. It's time for them to lift the veil of secrecy, and put their projects out to comment among the broader bicycling community. Most would agree, for example, that upping the law to a 4' passing distance anywhere a bicyclist is encountered would suffice. Lane changes could still be required with narrow or multiple lane configurations, and an anti-harassment component could have been included. Let's hope that any efforts to amend the bill, or further update the vehicle code is carried out in a more open and accessible manner.

DelDOT moving ahead with progressive crosswalk signage

The R10-15, that includes both foot and peddle traffic

Advocates for pathway safety are feeling some solace after Bike Delaware's quashing of the pedestrian safety bill: DelDOT is moving forward with the testing of multi-modal yield signage at crosswalks.

It's bad enough that Delaware has an outdated and ambiguous pedestrian code. But to anyone reading it, bicycles are largely unaccounted for and misunderstood on pathway facilities of any kind. For example, if a crash were to occur while riding on a parallel (with the road) pathway, especially where it enters a crosswalk with apparent right of way, there is nothing in the vehicle code and no clear legal standards that apply. It will fall on the courts to determine fault, and in nearly every case, the motorist finds favor.

In any civilized society, laws typically provide that turning traffic must always yield to through traffic, regardless of which side the vehicle is on. Unfortunately, the typical right turn in Delaware is designed to maintain speed, usually with a radius curve and yield sign. The first leg of the crosswalk starts midway here, where it's brought perpendicular to what is normally and expected to be a parallel pathway. With this, motorists are lured into a sense of entitlement, thinking that it's only incumbent upon pathway users to yield to them.

The new R10-15 will certainly help. From the desk of DelDOT's Matt Buckley:  "... at Amy [Wilburn's] request, we're going to document the effectiveness of ​the following modified R10-15 sign at Rockland Rd/W Park Drive. If the before vs. after results are promising, then we will consider adding a similar sign in an addendum for SR72/Old Baltimore Pike. Theoretically, the supplemental plaque below a conventional YIELD sign should read TO EVERYONE; therefore, we're suggesting a tweaked version of the standard R10-15 sign"

In this example via Google Streetview, we see a MUP (multi-user pathway) traveling south in parallel with Route 72/Chapel St, until it reaches a radius right turn at Old Baltimore Pike. The zebra-striped crossing is brought somewhat perpendicular, making it appear instead as a  traditional crosswalk to motorists. Legally, the pathway facility and all legs of its crosswalk should be treated as parallel, requiring right turning cars to yield to users in the crosswalk (note: improved language in the Pedestrian Bill would have included simple intent to cross as reason to yield, whereas current language requires physically being in it).

An early step in the right direction: The standard yield sign with a "to pedestrians" blade is found on New Linden Hill Rd at Skyline Dr in Pike Creek.

A big tip of the helmet goes to DelDOT's Traffic Division for pursuing this progressive and long overdue bike-ped safety signage.

Without New Castle County, forget Walkable, Bikeable Delaware

The State of Delaware has made some strides when it comes to funding a few key, albeit isolated trails and pathways projects. And DelDOT is doing what they can within the framework of a totally car-centric system, to incorporate safety enhancements (crosswalks, bike lane/shared lane treatments, signage, etc) with reconstruction and pave & rehab projects.

Unfortunately, there are few such multi-modal considerations in New Castle County's Unified Development Code (UDC). And with a State level advocacy organization that won't place any emphasis on retrofitting the built environment, expect little in the way of reduced auto dependency. It's an easy conclusion to draw, not only based on the Code itself, but in dealing with the evidence time and time again when attempting to walk or bike.

Probably the most glaring UDC deficiency is found in the retrofitting or reconstruction of existing structures. Essentially, a building and its property is only bound by rules set forth on the day of its first recorded plan; more recent requirements can be disqualified, unless the project expands the building by least 1,000 square feet.

Examples of items added to the UDC over the years include the ADA (American Disabilities Act, 1990) and bicycle accommodations in the form of a parking rack and an entrance bike lane (1997). The fact that so many (if not most) projects are the reconstruction of older buildings seems to explain why these requirements are commonly waived.

In SECTION 40.08.130 we see the following:

Applicability:

The redevelopment of a site pursuant to Subsection B.6 permits the continuation of certain nonconforming situations, but prohibits the creation of any new nonconformity or the expansion of an existing nonconformity.

Design Element Improvements:

Improvements toward further code compliance shall be made to design elements such as, but not limited to, parking, buffers, landscaping, access, setbacks, storm water management, impervious cover, off-site transportation improvements/capacity, or mitigation of damage to or enhanced protection for existing natural/environmental resources.

The exploratory sketch plan shall identify and quantify all of the existing non-conformities on a property. The property owner must propose improvements in selected design elements listed [below], such that in totaling the individual design element improvements, the aggregate shall be equal to or greater than a four hundred (400) percent improvement.

So what we have in New Castle County is multi-modal (including handicapped) access and improvements put squarely in the hands of the business and/or property owner. They can omit these in favor of dozens of other choices, as long as it meets this "400% improvement" matrix, however that's determined. And the problem isn't just limited to reconstruction; missing code requirements are sometimes found on brand new buildings. Regardless, it is extremely difficult - if not impossible - to enforce the UDC after a Certificate of Occupancy has been issued. Obviously, the better odds would come with missing ADA facilities, given the far greater profile of handicap access, as opposed to bike/ped access in general.

This new Dunkin Donuts in Glasgow is the retrofit of an older building, and thus exempt from critical multi-modal requirements. Among them is no bicycle parking, and high curbs (instead of ramps with truncated domes) to connect an adjacent bike path facility that parallels Route 896.

Another serious fault with NCC is their use of gates or hanging chains or cables across roads, driveways and trails to block cars. This often forces foot or bicycle traffic (legal in most cases) to circumvent over curbs or via ditches or culverts. They should be using bollards.

The required bike lane was waived for the newly reconstructed Shop Rite in Glasgow, despite other improvements that were called for en-route to the magic "400%" required in the UDC. These included new curbing, islands and crosswalk at the main entrance from 4-Seasons Parkway.

With regard to bicycle parking, a helpful NCC Dept of Land Use representative had this to offer:

"New bicycle parking usually accompanies new or expanded car parking, since existing parking areas were built from older plans. There has been some resistance to providing bicycle parking, perhaps based on an idea that it won’t be used. And sometimes existing bicycle parking goes unused, with bicycles instead locked to posts and trees."

"Enhancements of County Code may be possible, to more thoughtfully provide bicycle parking with subdivision and land development plans. For example, the current flat requirement for bicycle parking might be replaced with requirements for specific land uses such as non-automotive commercial, offices, and apartments. The Code might also suggest preferred types of bicycle parking, and require fastening them down so they don’t disappear."

It is a foregone conclusion that if folks are dissing bicycle parking in favor of trees or posts, then the rack is either unsafe to use, hidden from view, or inconveniently located. In any case, if the same thinking was applied to handicapped car parking spots -- that in many cases appear underutilized or never used -- they too would be poorly placed, reduced in size and potentially damaging to vehicles.

In conclusion, the need for multi-modal improvements at the county level is a very underrated and all but forgotten area of bicycling advocacy. If we are to have any chance at all of reducing auto dependency, we need code reforms that encourage alternate transportation modes at all levels of building and property development.

A look at Bike Delaware's "Bicycle Friendly Delaware Act"

Bike Delaware may be well on their way to a major legislative victory. The "Bicycle Friendly Delaware Act", or HB-185, includes five significant improvements:

• Allowing DelDOT to use bicycle-specific traffic signals
• Making it illegal to honk at bicyclists without legitimate cause
• Requiring motor vehicles to change lanes when passing bicyclists in a sub-standard width lane
• To better define the bicyclist's correct position on the roadway in the vehicle code
• Allowing bicyclists to either stop or yield to other vehicles at stop signs

If the language of this bill survives as written, it would be significant and might push Delaware even higher than #3 in the League of American Bicyclists Bicycle-Friendly States ranking.  It would also make Delaware only the second State after Idaho to legalize rolling stops for bicyclists.

Unfortunately, a major opportunity is missing from HB-185: Bicyclist Anti-Harassment. In 2011, the City of Los Angeles CA passed such an ordinance, citing five hostile actions that commonly occur toward bicyclists. Below is a capture from their actual code, found under "Prohibited Activities":

Even though HB-185 (if passed) will see little to no public education -- never mind enforcement -- strong language is still critical for incident reporting. As it stands now, even if you bike with full time video surveillance and capture the tag number of an offender, going to law enforcement is a lesson in futility. For example, the Delaware State Police insist that shouting at bicyclists and pedestrians from an open car window is protected under 1st Amendment free speech. This bill could have been the opportunity to fix that, and allow charges to be filed. In the long run, it could send a strong message that such behavior will not be tolerated.

Below is a short 7 second clip of one such incident, which is not uncommon, that was much louder than the camera recorded. Had it not been for the use of hearing protection, the bicyclist might have been startled into loss of vehicle control.

Despite this deficiency, and Bike Delaware's usual fail at consensus, HB-185 is worth supporting as an attempt to bring road bicycling into modern times.

Latest UDC waiver: Dunkin' Donuts in Glasgow

The New Castle County Unified Development Code is clear about the requirements. Why isn't it being adhered to?

Too often, New Castle County issues a certificate of occupancy despite clear violations of the Unified Development Code (UDC).

Bicycle parking and handicapped access (as per the American Disabilities Act) are required components of NCC's Unified Development Code, and are supposed to be installed and verified before a new building owner is granted a certificate of occupancy. Our latest spotlight falls on a brand new Dunkin' Donuts, located next to the 4-Seasons Shopping Center on Rt.896 in Glasgow. There is no sign of a bicycle rack, and pathway access has a high curb.

Unfortunately, once the certificate is granted, there is no turning back; the code becomes virtually impossible to enforce. It is for this reason that a funding pool should be established, perhaps fed into by government agencies as well as private sources. Bicycle parking could then be installed on an as needed basis, where it's needed most, via DelDOT work order. Until then, folks on bikes will have no place to lock up for the majority of their trips.

Stay tuned as we contact NCC officials for an answer. We also need to update the language in the code, to reflect the need for APBP compliant bicycle parking (wheel and frame support). The City of Newark updated theirs several years ago, and at least there, wheelbending "toast" racks should be a thing of the past.

Would these same land use inspectors think to leave out car parking? Note: We are not blaming the franchise owners, as the ultimate failure occurred at the final inspection level.

This new IHOP on Kirkwood Highway had its bicycle parking waived in 2014. Land use officials claimed that it involved the retrofit of an existing building.

Related: How effective is the NCC Unified Development Code for bicycles?

Official Rules, Informal Rules, and the Rules of Society

You’re with a group of non- bicycling friends, at work, or at a public advocacy workshop, and suddenly find yourself on the defensive. It doesn’t matter if you idolize John Forrester and call yourself a bicycle driver. All bicyclists impede traffic, and run red lights and stop signs, and by default, you're one of "them".

Caught off guard, you struggle for an answer, and attempt to clear yourself of wrongdoing. But the attempt is futile, because it's not about breaking traffic laws. You are singled out because bicyclists violate the laws of society. Complaining about scofflaw bicyclists sounds better than just saying they don't want you on the road in the first place. They think you belong on the sidewalk, a bike path, or in a local park, regardless of Title 21, Chapter 41.

Motorists complaining about bicyclists breaking the law is hypocritical at best. Put simply, all modes follow “informal rules”. No one actually decides what these informal rules are, hence, why the written law is the official rule. For bicyclists, it could be that stop signs are treated as yields. It's not on the books, but neither is driving 5-10 mph over the speed limit, speeding up on yellow, tailgating, using i-Phones, or any number of violations that virtually every driver engages in with known deadly consequences. And surprise: Just with speeding alone, most motorists break the law for much greater periods of time than most bicyclists.

The fact is, everyone bends or breaks the law at the intersection of convenience, payoff, and low probability of harm to oneself or others. Where rolling stops are concerned, it's not that bicyclists don't have respect for driving laws. It's because bicycling is a mode of transportation that lends itself well to rolling stops. It’s a slow-moving vehicle with a huge field of view and the ability to stop on short notice. And it should be noted that most drivers don’t fully stop at stop signs either if the intersection has good sight lines and is visibly clear in advance.

If motorist's complaints about bicyclist's disregard for vehicle laws were genuine, then the longer term solution would be to revise said laws with considerations for bicycling – under certain parameters (i.e. near stops permitted). Then, commit to education and enforcement.

Automobile advocacy groups have been doing this since the dawn of the motor age when it comes to behaviors that aren’t perceived as threatening to other road users. More recently, these included right turns on red and increasing the maximum speed limit from 55 mph to 65. Many more took place in the earlier 20th Century. This ultimately led to cars wresting our streets and towns from pedestrians, bicyclists, carriages, and streetcars. Driving is now a 'right' and 30,000+ fatalities per year is considered an acceptable price to pay to maintain it.

But since lawbreaking is hardly the reason for despising bicyclists (if it was, drivers would be equally disdainful of fellow drivers - even more so), safe infrastructure, education and enforcement becomes all the more important. The City of Newark is commonly viewed as Delaware's mecca of scofflaw bicycling, largely because of its student population and high modeshare. Wilmapco put together an excellent Bicycle Plan, which addresses a wide range of infrastructure needs. That alone will have a meaningful long term impact. The University of Delaware could also make a big difference - in the shorter term - if they cared about the issue from an education standpoint. Unfortunately, they have done virtually nothing for the cause, even though many of their students are foreign and clueless about even the most basic traffic rules. Some come from foreign countries where riding against traffic or on the left side of the road is the standard, or standards are non-existent. We are not aware of anything that the U of D is doing to that addresses these issues with orientation of new students. Meanwhile, not only are other universities (i.e. University of Maryland) busy publicizing bicycle safety, they also offer bicycle safety classes for credits.

There is little question that, as advocates, we have our work cut out for us when it comes to education and enforcement. Infrastructure is a big piece of the compliance puzzle. In Portland OR - probably the most bicycle-friendly city in America - studies have shown that 94% of bicycle commuters comply with traffic laws. Most of it has to do with respect and feeling welcome in the design of the transportation system.

See also:

• The bicyclist as a scofflaw is a common mis-perception
• All bicyclists agree that Bike Salmon are a huge problem
• The Myth of the Scofflaw Cyclist

It's time for Delaware's 3rd HAWK signal. Here's where.

Correction: As of 2015, two HAWKs have been installed in Delaware; one in Newark, the other in Dover.

5 years ago, DelDOT installed the first HAWK pedestrian beacon in Delaware. HAWK stands for High-intensity Activated crossWalK. Students and faculty at the University of Delaware's Webb Farm now find it much safer and easier to cross Route 72, which is a typical suburban arterial highway that crosses N-S through Newark. This HAWK was installed as a joint partnership between the Delaware Department of Transportation (DelDOT) and the University of Delaware’s College of Agriculture and Natural Sciences.

Unfortunately, the Route 72 location remains only the second State, 5 years running. Clearly, there are other locations that would benefit greatly from a HAWK. One of those is White Clay Creek State Park, where a striped crosswalk is the only facility available for the many park visitors that regularly cross between the Judge Morris Estate and Middle Run Valley.

As can be expected, Senator Karen Peterson - a best friend to walkers and bicyclists - has taken up the effort. Karen is putting safety first by asking DelDOT for Delaware's third HAWK signal beacon at this location.

Will they use (lack of) funding as an excuse? Bike Delaware has made it clear that $30 million has been set aside in the last few years for trails and pathways. Let's not forget that safely crossing arterial roads is a key component in any off-road facility.

Above: To the right is the entrance to White Clay Creek State Park. A striped crosswalk is the only marked infrastructure that connects the Judge Morris Estate to Middle Run Valley Park. Many park visitors make the crossing, which include hikers and mountain bicyclists.

The #1 reason for the HAWK is safety. Getting people across safely! If DelDOT needed pedestrian volume to justify a HAWK, they wouldn't have put this one (above) on Route 72 to cross students between farm fields, since most of the day no one uses it.

The HAWK is the ideal device for low to medium volume mid-block crosswalks, but high volume might justify the standard yellow-red-green traffic light with button activation. Above is the one on Delaware Ave in Newark at the Pomeroy Trail crossing, which works exceptionally well using "hot response" technology.

Check out DelDOT's brochure on the HAWK beacon.

Cycle track video highlights need for better education and enforcement

The author, preparing to take a relaxed ride to Main Street

By Angela Connolly -- It was with great interest that I watched this video, and read the article. I was especially curious, as these roads are part of my regular ride to and from Downtown Newark, and I ride them often. Even as a new cyclist, several years ago, I was not terrified to ride on these roads - only eager to learn from my mentors how to take my proper place on them. To support the need for this cycle track, this video presents Ms. Jones's view of cycling these roads, and while I agree that they can be challenging to ride, her behavior at times had me concerned.

For myself, I have learned that in order to be safe, in Newark and anywhere else, I must ride responsibly and predictably. To me, that means cycling defensively, and anticipating different possibilities at all times. That means slowing down at crosswalks, especially around the busy University, or the Newark High School, and anticipating that I might encounter pedestrians. Pedestrians approaching the crosswalk are intending to cross, and must be yielded to. When sharrows are present, I ride right down the middle of the lane, keeping myself visible and out of the door zone. And when no sharrows are present, and I must take the lane to get where I need to go, I behave predictably - I don't stay near the curb unless I am intending to turn right. I don't hesitate or slow down in the bike lane when it is clear to move ahead. That sends mixed signals - where will motorists think you are going? Take your proper place on the road, and behave appropriately. And tell yourself this, as I have many times, while motorists honk at me and call me names - I am traffic. I belong here. It is my right to be in this lane. Put simply, if drivers are harassing and threatening bicyclists that are in the lane, the City and its police department are not doing their job (we already know that DMV - here and nationally - are not doing their jobs in terms of education and re-testing).

This isn't to say it's always easy. Is it always safe? No. And it's not always fun. But when cyclists don't claim their rightful place on the roads, it sends a signal loud and clear that we are letting ourselves continue to be treated as second class citizens, and not valid road users. Whether we ride for recreation, transportation, or both, we have the right to infrastructure that encourages us, not scares us. And that includes on-road facilities as well as off road. And while I agree that trails, pathways, and cycle tracks do have a place in the overall network, they are only part of the solution.

I feel like, instead of promoting the proposed cycle track, this article and video made a better argument for education and enforcement, both for bicyclists and motorists. It was an eye-opener that made me look at my behavior, and the sometimes inappropriate behaviors of my fellow cyclists, as seen in the video, who sometimes need to be educated, and more importantly, encouraged to ride the roads. A cycle track won't cure those bad behaviors. The use of the word "terrifying" to describe cycling on our LAB designated Bike Friendly hometown newspaper's front page is discouraging, and inappropriate. And it undermines the positive efforts that the Newark Bicycle Committee, and other advocates, have put forth. Fear-mongering will discourage cyclists and keep them from cycling in Newark until years pass and the cycle track might be built. This is Ms. Jones's experience, and it does not reflect all of our experiences. Cyclists have been made to feel like they do not belong in traffic for too long. 

In summary, this proposed cycle track might be a good idea, but it won't immediately address the concerns of those who need to commute and navigate all of the areas of Newark. Even if the cycle track is built, there will have to be education provided, so that those who ride it will do so properly, with the proper etiquette. So in the meantime, as we anticipate Newark's first cycle track, it's also important that bicyclists remain a steady and accepted presence on the road as well.

The author (not terrified) rides Delaware Avenue past S. Chapel Street in 2011. In its current condition, bicyclists need to have confidence and take the lane as needed, especially where the bike lane narrows across from the 7-11.  Surface conditions also demand lane control, as cracks and holes from shifts in the asphalt present a safety hazard. Lane control is necessary on many roads in Newark, especially those with sub-standard or door zone bike lanes.

Close Call Database Tracks Bad Drivers

Members are encouraged to submit incident reports to help build cases against aggressive drivers

Bicycling Magazine -- Almost every bike rider has experienced it: A hostile driver cuts you off, buzzes by within inches, or yells obscenities as you pedal. The experience is more than frightening - it’s potentially life-threatening. Unfortunately, cyclists have had little recourse. Until now. Ernest Ezis of Boulder, CO, was tired of hearing about riders being harassed by motorists with no way to warn their peers of repeatedly dangerous drivers. His solution? He created the Close Call Database, a website where cyclists can identify and track aggressive motorists.

The concept is simple. Cyclists involved in an episode of car-on-bike ire can report the encounter on the site. As reports accrue, patterns of serial aggressive driving should become evident.  If one of those drivers is ever involved in an incident with a cyclist, the compiled information could help to build a legal case against him or her. Ezis also hopes that police will use the information to confront hostile drivers and encourage them to change their habits before an accident occurs. [Full article ...]

Rideye has the ultimate HD surveillance system, aka "black box" for bicyclists, that can record the details of an incident or accident. It can also catch a belligerent motorist in the act, and record the tag number. Unfortunately, because a front license plate is not required in Delaware, using a rear-facing camera (seatpost mount) won't be much help.

Related: 
Horn-Crazy Driver Busted for Harassing Cyclists
Cameras Are Cyclists’ ‘Black Boxes’ in Accidents

Petition: STOP waiving bicycle parking, update the UDC to APBP-compliant

Please sign this PETITION

Enough is enough. Bicyclists are doing their part to reduce auto dependency, reduce emissions and clean up the environment. Providing a bike rack is the least that a business can do to encourage more folks to leave the car home. It is cost effective and easy to install, yet requiring one with a certificate of occupancy still isn't enough to guarantee it will happen.

It is rare or never that a place of business in Delaware provides secure bike parking on its own, and riders are left in search of anything they can find that will take a lock and hold a bike upright. Often times we see multiple bikes scattered about the front of a fast food or grocery store, or other retail outlet. In nearly every case, a tree or sign post becomes the only choice. This is why advocates fought hard and won provisions in New Castle County's Unified Development Code that make bicycle parking mandatory with all new and reconstructed buildings. It is but one reason that Delaware is recognized as a Bicycle-Friendly State, among many others won in past decades. So why is this allowed to slide? Help put an end to routine bicycle parking waivers today by signing the petition above.

Secure bicycle parking is not rocket science, but few business owners are bicyclists so "a rack is a rack". Therefore, the end result - if the code is enforced - is usually a wheelbender. This is why we need the code changed and routinely enforced. As with the model pictured above, a rack must have both wheel and frame support, or two points of frame contact that allows locking the frame and front wheel together.

The classic "wheelbender" or "toast rack", as it's often called. Note how no one is actually in the rack, because the only thing holding the bike upright is the front or rear wheel. If your bike topples or is pushed over, it can destroy the wheel.

Check in with our Bicycle Parking category to learn more about this critical aspect of bicycle advocacy.