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HomeMy WebLinkAboutCOM 0679.101 2022-2024 P /c,ounci( bit(6044.6.79 I? From: rterry Sent: Monday,June 17, 2024 8:47 AM To: Council Testimony Cc: Matthias Kusch; Travis Counsell;Alan Ryan;Andria Ellis;James Eller;James Leonard; jessedomian@yahoo.com; Leonard Bisel; Patti Hatzistavrakis; Soriano, Nt,sha; Surprenant, April cp c-, Subject: Testimony on Bill 125, Draft 5, for June 19 County Council Meeting Dear Councilmembers: RE: Bill No. 125, Draft 5; An Ordinance Amending Chapter 6 of the Hawaii County Code 1983 (201Edift©n as Amended), By Adding a New Allicle Relating to Commercial Bicycle Tours. As a member of Hawaii's cycling community, I humbly request that you do not pass Bill 125, Draft 5, as currently written. Although there may be some very minor, occasional conflicts between drivers and groups of bicyclists engaged in commercial bike tours, there is very little evidence of a problem that would justify such a sweeping measure. Arising from apparent incidents on the Kohala Mountain Road that may or may not have involved commercial tours,the bill is draconian and will have many unintended consequences if passed without amendment. Bicycling is the kind of low-impact, healthy, sustainable recreation that we should be encouraging—not banning—for both residents and visitors.This bill is a step in the wrong direction and it should be discarded or at least amended in a sensible manner. Investigation by Hilo Bayfront Trail and other bicycle advocates indicates that very few commercial bicycle tours utilize the back roads in our,County. In any case, there are no greater safety issues than those involved in commercial motor touring (think of all the single-vehicle car rental crashes throughout the island) or car- club or motorcycle outings. In contrast to motorcycle rallies, in fact, we are unaware of any deaths or serious injuries related to such tours. We suspect that most of the "tours"that apparently annoy a small segment of drivers who resent sharing the road with bicycles are actually group rides by residents.They band together for fun and healthy recreation and also for safety. It makes more sense if 10 riders are going to traverse a country road that they stick together in a group. These rides are not commercial and would not and definitely should not be covered by the bill. However, the same impatient few motorists who have apparently inspired this bill are very likely to believe they will have the right to enforce the "tour" ban on innocent cyclists through road rage incidents or making frivolous calls to the police. We already have a terrible recent example of a such a person apparently intentionally killing a senior cyclist. We must not encourage this type of behavior by misguided legislation. From a practical standpoint, how is the Director of the Department of Public Works going to make the impactful decision that any given road will go on the blacklist due to "...limited lines of sight, a lack of passable shoulders, and other traffic conditions"? We know that certain roadways in the State have unique jurisdictions and conditions that have led to regulation of tours (e.g.,the Haleakala Road). But we are not aware of any federal or state standards for rural roads that can fairly applied to justify banning groups of bicyclists. Will the Director be inventing these standards de novo; ad hoc, with no guidance? How will that be equitable and fair? If this comes to pass, citizens should and will demand data and input into every single road placed on the bicycle blacklist. There will need to be a board or commission and administrative rules developed for a suc 1 Comm. . i 0 i Ref.To: ' /111111191 Ref.Date •1:11 $! +.1IP', an impactful decision, as well as an appeals process.These are not trivial matters and they will require significant County and citizen resources. Once such standards are in place and areas identified, how are the Police going to be able to distinguish a "pirate" unregistered bike tour versus a group ride on a blacklisted road? Will they be pulling over all the bicyclists and giving them the third degree to see if their stories match up? If someone happens to have a rental bicycle in the group, does that then count as a commercial tour? The truth is, that if a popular biking road is truly unsafe for the very occasional tour—it is also unsafe for local riders, pedestrians, children, stalled vehicles, etc. Our priority for such roads should be to adjust design to slow traffic and/or expand biking and walking facilities to make them complete streets—not ban bicycling! Councilmember Kagiwada's amendment to Draft 5 represents a sensible backpedal on this bill. Shouldn't we first get the measure of the supposed problem?Creating a registration process for commercial bicycle tour operations would help establish a group of users who could come together and work with the County and resident bike riders to provide data and ideas, including certain routes at certain times that might be voluntarily unused. After this, as a community, we could then determine if there is an actual need to regulate commercial bike tours and then set up a process that would equitably deal with this in a manner that promotes, rather than discourages, cycling. Ron Terry Hilo HI 2