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Laws against bicycle/mobile phone use
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NJ Cracks Down on Talking on a Cell Phone While Cycling

TRENTON, N.J. (AP) -- New Jersey may have unresolved problems with taxes, child welfare and gangs, but lawmakers are ready to crack down on one perceived danger: talking on a cell phone while riding a bike.

A legislative committee has approved a bill that would make it illegal for people to use a hand-held telephone while riding a bicycle on a public road. Hands-free devices would be allowed and lawbreakers would face fines ranging from $100 to $250.

Assemblyman Jon Bramnick, a bill sponsor, said the measure is meant to protect bicyclists and the people they may strike when riding and yakking at the same time.

``That is, in our judgment, a danger to pedestrians as well as to the bicyclists themselves, due to the fact that now they have one hand on the handlebars, they're talking to someone and they're on a public highway,'' said Bramnick, a Union County Republican.

The bill, among 6,928 introduced this session by New Jersey lawmakers, was given the nod Thursday by an Assembly public safety panel and now can be considered by the full Assembly. The Senate has taken no action on the idea.

Pete Garnich, owner of Knapp's Cyclery in Lawrence, said it's a waste of time.

His store takes people out on weekly group rides and Garnich said he can't recall anyone talking on a cell phone while riding a bike.

``I wouldn't say it's a problem,'' he said. ``You can't breathe and talk. It's absolutely ridiculous.''

In 2005, 784 people were killed, including 17 in New Jersey, and 45,000 were injured in bicycle crashes in the United States, accounting for 2 percent of traffic fatalities, according to the National Highway Traffic Safety Administration. An agency spokesman said no statistics are kept for crashes involving cell phones and bikes.

(While 25 percent of the nation's bicycle fatalities in 2005 involved alcohol, the state attorney general's office says it's not illegal to bike while drunk in New Jersey.)

Bramnick admitted he also has no data on injuries caused by distracted riders. He called the cell phone biking bill ``a common sense proposal'' based on observations he and others have made ``in the more densely populated communities.''

Not all legislators are eager to support the measure.

``As my father used to tell me, 'You can't legislate common sense,' and that's exactly what this bill tries to do, as the Legislature has already tried to do on so many other occasions,'' said Assemblyman Richard Merkt, R-Morris. ``Is anyone dumb enough to use a cell phone in a dangerous manner while riding a bicycle really going to be smart enough to know about or pay attention to some legislator's new law? Seems unlikely to me.''

It was unclear Friday when legislators might take more action on the bill, or when they would take up other proposals offered by lawmakers. Those include declaring September ``Handwashing Awareness Month,'' a plan languishing in an Assembly health committee.


That is all well and good, because using a mobile phone and riding a bike at the same time is stupid and dangerous. My problem is they need to make it a law to ban mobile phone use while driving a car, before bicycles. If there are any bike crashes involving mobile phones, it is likely a motorist is on the phone when he/she crashes into an unsuspecting cyclist.
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Re: Laws against bicycle/mobile phone use [GOKARTN] [ In reply to ]
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Thats only 1/2 a law at best. If phone use is bad, so is water bottle use, and eating, along with messing with the bike computer. If we're going to do it, lets at least do it right.

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Elivis needs boats.
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Re: Laws against bicycle/mobile phone use [GOKARTN] [ In reply to ]
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As a New Joisey resident, I'm so proud.

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"Go yell at an M&M"
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Re: Laws against bicycle/mobile phone use [GOKARTN] [ In reply to ]
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That's called "The Nanny State." It's like the dumb bitch in CA who has introduced a bill to make it illegal to spank a child. These people need to go back and reread their copies of the state and federal constitutions...

That said, some states are passing laws against using cell phones in a vehicle (car, truck, etc.) Any such law would apply to bicycles, and attempting to legislate bicycles separately is constitutionally questionable. Actually, it's UNconstitutional, but you can't really rely on the courts to use common sense either.


Cousin Elwood - Team Over-the-hill Racing
Brought to you by the good folks at Metamucil and Geritol...
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Re: Laws against bicycle/mobile phone use [Schwingding] [ In reply to ]
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"Thats only 1/2 a law at best. If phone use is bad, so is water bottle use, and eating, along with messing with the bike computer. If we're going to do it, lets at least do it right."
- - Sorry, big difference between a cell phone and your water bottle or instrumentation.


Cousin Elwood - Team Over-the-hill Racing
Brought to you by the good folks at Metamucil and Geritol...
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Re: Laws against bicycle/mobile phone use [GOKARTN] [ In reply to ]
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is it also illegal to talk on the phone in a car? If not then this law should be tossed. If so then good.
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Re: Laws against bicycle/mobile phone use [Markus Mucus] [ In reply to ]
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In Reply To:
is it also illegal to talk on the phone in a car? If not then this law should be tossed. If so then good.

Yes, it is illegal to talk on the phone in a car here in New Jersey, but still it happens to a huge extent, and I've seen very little reporting of the law being enforced. I've even seen cops driving while on their cell phones. Trying to cross a road during a recent rush-hour run, I counted 36 cars go by, of which the drivers of 12 were on a hand held cell phone.
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Re: Laws against bicycle/mobile phone use [BigBloke] [ In reply to ]
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Well, we wanted to be treated equally with cars so I dont see an issue with it. We cant really have it both ways.
I think cell phones should be banned if anyone is driving anything personally.
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Re: Laws against bicycle/mobile phone use [GOKARTN] [ In reply to ]
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As long as they're also banned in cars, I don't really have a problem with this. What I DO have a problem with is the following quote:

"That is, in our judgment, a danger to pedestrians as well as to the bicyclists themselves ... "

I've always been concerned that a time will come when some fat-assed legislator will introduce legislation to get all bicycles off of public roads because they perceive us to be "a danger to ourselves" when, in reality, they just can't tolerate being held up for 5 seconds trying to get around a cyclist.
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Bob C.

The "science" on any matter can never be settled until every possible variable is taken into account.
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Re: Laws against bicycle/mobile phone use [Cousin Elwood] [ In reply to ]
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Wow, that was a ridiculously easy troll.

You are right though, it is not the same, cell phones can be safer than eating or drinking. With an earpiece/bluetooth phone, you push one button and are talking, hands on the bars, SAFER than a water bottle swig.

In Reply To:
"Thats only 1/2 a law at best. If phone use is bad, so is water bottle use, and eating, along with messing with the bike computer. If we're going to do it, lets at least do it right."
- - Sorry, big difference between a cell phone and your water bottle or instrumentation.

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Elivis needs boats.
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Re: Laws against bicycle/mobile phone use [Schwingding] [ In reply to ]
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Similar law in Arizona......
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Re: Laws against bicycle/mobile phone use [Markus Mucus] [ In reply to ]
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Whether it will be enforced or not, I don't know, but it actually makes sense. Using a handheld cell phone in any "vehicle" is illegal in NJ, thus it should also be illegal on a bike. In live across the river in Philly, and see lots of idiots (mostly your average joe just riding to work or the store, not so much your more seriously cyclist) biking; THE WRONG WAY ON A ONE WAY STREET, WITHOUT A HELMET and TALKING ON THEIR CELL PHONE OR WITH HEADPHONES ON. I'd like to think natural selection will thin the heard of these idiots, but you have to agree its really unsafe and dangerous to several groups (the cyclist, pedestrian, drivers). I don't think they'll enforce it well, but at least they are not condoning the behavior.


"ah-hem...the time is yours."
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Re: Laws against bicycle/mobile phone use [Schwingding] [ In reply to ]
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"Wow, that was a ridiculously easy troll.

You are right though, it is not the same, cell phones can be safer than eating or drinking. With an earpiece/bluetooth phone, you push one button and are talking, hands on the bars, SAFER than a water bottle swig."
- - That was even easier. Virtually all of the laws that have been introduced or proposed regarding cell phones restrict the use of hand-held phones only (so bluetooth would be exempt). And if you often fall down while drinking on the bike, I'd suggest shifting to something non-alcoholic.


Cousin Elwood - Team Over-the-hill Racing
Brought to you by the good folks at Metamucil and Geritol...
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Re: Laws against bicycle/mobile phone use [Cousin Elwood] [ In reply to ]
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My point was that laws like this are arbitrary and ridiculous.

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Elivis needs boats.
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Re: Laws against bicycle/mobile phone use [GOKARTN] [ In reply to ]
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In most states that I know of bicycles are considered "motor vehicles", hence all motor vehicle laws apply to cyclists. If NJ has a state law prohibiting the use of hand held cell phones when driving a "motor vehicle" then the exsisting law WILL apply to cyclists already.

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Paul
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Re: Laws against bicycle/mobile phone use [zipp] [ In reply to ]
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It is a fallacious argument to state that all motor vehicle laws are applied to bicycles, even in such named states. Min/max speeds alone negates that position. Then think about helmet/safety belt laws, turn signals...

We should hope that not all motor vehicle laws are applied to bicycles - registration fees, taxes, etc.. applying that logic universally would be a really lousy thing.

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Elivis needs boats.
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Re: Laws against bicycle/mobile phone use [Schwingding] [ In reply to ]
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Call it what you will, I'm not the one that made the laws, you are arguing with the wrong guy, I'm only stating what the laws state.

In most states bicycles ARE motor vehicles per state code and in those states the laws already state that motor vehicle laws will apply. Now.......common sense also is dictated here......minimum speeds may not apply (but could if the cyclist is obstructing traffic), but max speeds do. I've been stopped for violating the speed limit on my bike.

Turn signal laws DO apply. Though not enforced by police, cyclist are required to use hand signals.

Most states have laws governing the use of helmets on bikes. Most are for 14 years of age or under and are adoptable by individual jursdictions if they deem needed.

Seat belt laws are normally written in a way that states "if available" and a year the "car" was produced also comes into play. Obviously bicycle seat belts do not apply.

These "traffic control laws" are in a different section of state code from "vehicle registration laws". Therefore the registration laws have different "definitions" and will not include bicycles.

I was a cop to 22 years, many years as a bike cop......I know the law.....I know whats enforced and what is law that is not enforced.

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Paul
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Re: Laws against bicycle/mobile phone use [zipp] [ In reply to ]
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I knew there was something I didn't like about you!
In Reply To:
I was a cop.

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Elivis needs boats.
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Re: Laws against bicycle/mobile phone use [BigBloke] [ In reply to ]
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In Reply To:
In Reply To:
is it also illegal to talk on the phone in a car? If not then this law should be tossed. If so then good.

Yes, it is illegal to talk on the phone in a car here in New Jersey, but still it happens to a huge extent, and I've seen very little reporting of the law being enforced. I've even seen cops driving while on their cell phones. Trying to cross a road during a recent rush-hour run, I counted 36 cars go by, of which the drivers of 12 were on a hand held cell phone.
Isn't it still a secondary offense (i.e., you can't get ticketed for it unless you are stopped for a different violation) here in the Garden State?

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"Go yell at an M&M"
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Re: Laws against bicycle/mobile phone use [zipp] [ In reply to ]
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Only a cop, or perhaps a legislator, would argue that an unenforced law is valid and applicable. Ridiculous!
In Reply To:
Turn signal laws DO apply. Though not enforced by police, cyclist are required to use hand signals.

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Elivis needs boats.
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Re: Laws against bicycle/mobile phone use [zipp] [ In reply to ]
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"minimum speeds may not apply (but could if the cyclist is obstructing traffic)"
- - Actually they do apply. Most states, afik, have a separate max and no min speed for bike paths/lanes. As a vehicle (not motor but then most states call it the vehicle code, not the MOTOR vehicle code) you have the right to use any lane on the road, but if you're in the big kids' lane, you'll have to maintain sufficient speed or you could be cited for minimum speed/obsructing traffic. Sadly, the minimum speed laws as well as the definition of the left-most lane as a "passing" lane are ignored by authorities in most states these days. If you get ticketed for riding your bike in the big lanes (usually moving over to get into the left-turn lane) the citation will probably be for obstructing rather than minimum speed.

As to lane usage, seat belts and helmets, bicycles are covered under the laws set for motorcycles, with the exception of having rights to the bike lane.

"but max speeds do. I've been stopped for violating the speed limit on my bike."
- - Many places are reticent to cite a bike for speeding, but they certainly can. I was riding with a group in Palo Alto some years back and we/they got stopped for speeding and running a stop sign. I didn't get cited because I, along with about five others, actually stopped for the stop sign. The guys who blew through it got nailed for both.

Personally, I think it's important for cyclists to head the vehicle codes, especially if we like to bitch when motorists don't.


Cousin Elwood - Team Over-the-hill Racing
Brought to you by the good folks at Metamucil and Geritol...
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Re: Laws against bicycle/mobile phone use [Schwingding] [ In reply to ]
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"My point was that laws like this are arbitrary and ridiculous."
- - Good, I thought your point was that it isn't safe to drink while riding!

It's totally ridiculous that we have laws regarding conduct that should be legal (i.e., talking on a phone). There exist plenty of laws as to how to punish someone for vehicular negligence, and those would apply to careless cell phone usage without the need for new laws. People who know how to drive and aren't irresponsible idiots should indeed have the right to use a cell phone, razor, coffee mug, etc., while driving. When I was in real estate I used a hand-held cell phone all the time and never had an accident or a close call because of it. I did, however, possess the native intelligence to pull over and stop if I needed to write something down!!


Cousin Elwood - Team Over-the-hill Racing
Brought to you by the good folks at Metamucil and Geritol...
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Re: Laws against bicycle/mobile phone use [Cousin Elwood] [ In reply to ]
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I will admit the fact that the only moving vehicle accident I have ever _caused_ was due to me dialing my cell phone and not noticing traffic piled up on the on-ramp. Hard to deny that cell phones can add to traffic mishaps in my case. 25 years of driving - one accident that was my fault - cell phone.

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Elivis needs boats.
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Re: Laws against bicycle/mobile phone use [Cousin Elwood] [ In reply to ]
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So, you are special, eh? http://forum.slowtwitch.com/...post=1099199#1099199

I guess the studies that show cell phone usage to be akin to being drunk don't apply to you. Must be nice.

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"Go yell at an M&M"
Last edited by: klehner: Jan 25, 07 11:55
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Re: Laws against bicycle/mobile phone use [GOKARTN] [ In reply to ]
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What kinda dumbass would talk on a cell phone while riding a bike anyway?








Oh. That kind.


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"You'll find a slight squeeze on the hooter an excellent safety precaution, Miss Scrumptious."

"I can live with doubt and uncertainty and not knowing. I think it is much more interesting to live not knowing than to have answers that might be wrong." -- Richard Feynman
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