Senate OKs measure to protect cyclists on roads.

Byline: David Steves The Register-Guard

CORRECTION (ran June 26, 2007): A story on Monday misidentified the party affiliation of state Rep. Tobias Read of Beaverton. Read is a Democrat.

SALEM - Oregon's rising death toll among cyclists has prompted a flurry of bills to increase safety for bike riders and hold accountable motorists who cause them harm or death.

The Senate on Sunday approved a bill that creates the offense of unsafe passing of a bicycle. On Friday, Gov. Ted Kulongoski signed into law a bill that allows car owners to get license plates with the cyclists' mantra, "Share the Road," for an extra $5.

And on Thursday, the House gave the Legislature's final approval to a bill that requires a diversionlike program and community service for motorists who carelessly injure a cyclist or other "vulnerable users" of the road.

Cycling enthusiast and state Sen. Floyd Prozanski said it was his hope that the bills would bring about a mind-set among Oregon motorists similar to that held by their counterparts in Europe, where it is understood that the person traveling in front of you or heading your direction may be on a bicycle - so drive accordingly.

"What we're looking for here is changing the framework so people - drivers and bike riders - understand their responsibilities," the Eugene Democrat said, adding that the package of bills also aims to "hold accountable those who fail to do so."

From 2001 to 2005, the state Department of Transportation tallied 3,528 crashes involving bicycles or pedestrians, leaving 3,418 people injured and 47 dead.

Scott Bricker, the policy director for the Portland-based Bicycle Transportation Alliance, said he hoped motorists would think twice about the possibility that there might be cyclists ahead of them where the road rises or curves - and that tough penalties await if their carelessness causes a serious injury or death.

He cited as examples crashes that claimed the lives last year of Eugene cyclist Jane Higdon and this month of Washington County cyclist Tim O'Donnell.

"These were upstanding people who were doing the right thing. Their deaths result from a careless incident, and there really hasn't been a strong repercussion," he said. "We're trying to build a system that has strong but fair penalties for these cases."

While cyclists and their pro-bike friends in the Legislature have had what they consider one of the most successful sessions ever, they're not done yet.

On Saturday, Prozanski was one of a handful of lawmakers in the "bicycle caucus" to hold a news conference where they called on their leaders to act on a last-minute bill to create a new "vehicular homicide" crime and revive a languishing proposal for roadside mem- orials.

Members of the Legislature's "bicycle caucus" joined a pair of cycling-death widows to bring public pressure on their statehouse colleagues to act on Senate Bill 1058 and House Bill 3020.

The Senate measure, introduced Friday, would make it easier to convict motorists who negligently operate a vehicle in a way that causes another's death.

Prozanski said he realized it was late in the session, which lawmakers are trying to adjourn by Friday, for a new bill. He also said it faced an uphill fight because the Legislature's budget chiefs have said that with courts and corrections budgets already set, it's too late to consider creating new crimes that could lead to increased prosecutions and incarcera- tions.

Prozanski said he and Rep. Tobias Read, R-Beaverton, decided to introduce the bill late in the session after the latest in a string of cycling deaths caused by a motorist.

O'Donnell, a 66-year-old cyclist from Aloha, was struck by a vehicle June 9 while riding in rural Washington County. The motorist was fined for driving without a license, carelessness and passing in a no-passing zone. Prosecutors did not seek prison time. Prozanski said that too often is the case, because Oregon is one of four states without a vehicular homicide law.

`After Mr. O'Donnell's death, I said, `enough is enough,' ' said Prozanski, who conceded that at such a late point in the session, his vehicular homicide bill's best hope was that it could be discussed among lawmakers and interested parties in the coming months and brought up for reconsideration in a special legislative session next year.

O'Donnell's widow, Mary, told a news conference she was dismayed that her husband's killer would not face any incarceration under current law.

"This woman killed somebody and nothing's happened to her," she said.

The House bill that's been stuck, House Bill 3020, directs the state Department of Transportation to erect and maintain roadside memorial signs commemorating the deaths of pedestrians or bicyclists killed in motor vehicle accidents. Such signs would go up if requested by a family member and if the motorist responsible for the death was convicted. The family would pay for the sign.

Rep. Jerry Krummel, R-Wilsonville, sponsored the bill for the widow of a close friend, Eric Kautzky, who was killed when the driver of a vehicle struck his bicycle.

BIKE BILLS

Safe passing: Senate Bill 108 would require drivers to pass cyclists with enough space that they won't collide if the cyclist falls over, which can happen on a rough or gravelly road edge. Passed the Senate on Sunday; awaits House approval.

Carelessness: House Bill 3314 would require a diversionlike program and community service for motorists convicted of careless driving who cause serious injury to a "vulnerable user" - a cyclist, pedestrian, skater or highway worker. Passed the House on Thursday and awaits the governor's signature.

Share the road: Senate Bill 789 allows motorists to pay an extra $5 to get license plates that say "share the road" as a reminder to look out for bikes. Signed into law Friday.