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Minutes for HB2170 - Committee on Transportation
Short Title
Allowing bicycles to be equipped with either a rear lamp or reflector.
Minutes Content for Thu, Mar 9, 2017
The Chairperson opened the hearing on this bill. Mr. Wells gave an overview. This bill concerns required safety equipment for bicycles at night. Current requirements are a red reflector and a lamp on the rear. This bill would require either a reflector or a lamp visible from the rear. He stood for questions.
Senator Doll asked if a bicycle did not have a reflector, could a cyclist be fined. Mr. Wells replied that a lamp and a reflector on the back are required, and he would have to look into the fine.
John Koelsch, Undersheriff from Lyon County, Emporia, provided proponent testimony (Attachment 5). He has been a cyclist instructor since 1994, adult cyclist for 33 years, and on the KDOT Local Roads Safety Committee and the Traffic Safety Committee in Lyon County. The reason he would like the language changed to either/or is because a lot of the fatalities of bicyclists happen when the cyclist is struck by a larger vehicle from the rear. Drivers of vehicles that have struck cyclists have used as a defense in court that the bicycle did not have both a reflector and a red flashing light.
Undersheriff Koelsch noted in the center of his testimony, he addresses both passive and active lighting. Passive would be the reflector which takes a light source to illuminate. The flasher which is lit is much more effective in identifying there is an object in the roadway. Most cyclists that ride thousands of miles a year have the active light, flasher on the rear. Emporia holds an annual Dirty Kanza bicycle race the first weekend after Memorial Day. More than 2,000 bicyclists from all over the world participate, and the cyclists bring a good sample of biking equipment, including lighting and reflectors.
A cyclist on the highway at night can be seen as an object that is moving and not static. A moving reflector or light will draw the driver's attention as opposed to an non-moving light, such as a reflector on a mailbox. Safety is the ultimate concern. Bicycles, no matter where manufactured, are required to have reflectors and cannot be sold without that safety equipment. Some reflectors are taken off after purchase. He stood for questions.
Senator Hawk asked if the manufacturers will be required to have something on the rear but it could be either a light reflector or a plain reflector. Undersheriff Koelsch responded that it is the operator's responsibility that the bicycle is properly equipped and functioning at the time the roadway is entered. The operator of the bicycle is required to have a reflector or a flasher and a light in the front. Skateboards or scooters are not allowed at all. Generally, ordinances restricting operation refer to downtown business areas, and some cities have their own regulations. Senator Goddard asked about the rear light and Undersheriff Koelsch responded it can be steady or flashing and must be viewable from a distance. The distance as described originates from federal government requirements years ago.
Undersheriff Koelsch said that currently, a reflector is required even if there is a rear emitting light, and it is being requested to change the wording to "or" a rear emitting light.
Senator Hawk asked if a cyclist was wearing a reflective vest with flashing lights, and had a rear light but it was not operating, would that be in compliance? Undersheriff Koelsch said as long as it is visible from the rear of the bicycle, the cyclist is meeting the spirit of the law and not the technicality of the law.
There were no opponents or neutrals.
The hearing on this bill was closed.
