Legislature(2003 - 2004)
04/13/2004 08:02 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 327-ROLLERBLADES,ROLLER SKATES, ROLLER SKIS Number 0684 CHAIR WEYHRAUCH announced that the last order of business was CS FOR SENATE BILL NO. 327(STA), "An Act relating to pedestrians using rollerblades, roller skates, and rollerskis." Number 0700 JOE MICHEL, Staff to Senator Ralph Seekins, Alaska State Legislature, testifying on behalf of Senator Seekins, sponsor, presented the sponsor statement, which read as follows [original punctuation provided]: For many years roller-skiers' legal use of public roadways was, more or less, taken for granted. This assumption was successfully challenged in the Fairbanks area last fall. Senate Bill 327 seeks to remedy this situation by specifically allowing the use of particular wheeled devices on those public roadways also available to bicyclists. It also recommends a set of safety standards for the use of these devices. Alaska is home to some of the best international, national, collegiate, and junior cross-country skiers on the planet. In fact, seven of the ten Alaskans competing in the 2002 Winter Olympics in Salt Lake City were cross-country skiers. Imagine that. Seven Olympic cross-country skiers from such a small state as ours! This speaks volumes not only about our skiers' work ethic but also their training opportunities. The natural preference of many of these world-class athletes would, no doubt, have Alaska covered in snow year-round. Since this is not a reasonable near-term possibility, the use of wheeled skis to imitate snow skiing has grown to become an effective training tool for use during non-winter months. What's more, Alaska is becoming well known nationally and internationally as a favored summer-time training site. For these reasons, it is the intent of the proposed legislation to accommodate this seasonal use of some of our roadways. In fact, other northern locales - such as Norway, Sweden and Canada - have, for many years, supported the efforts of their cross-country athletes with similar provisions. Furthermore, the proposed legislation borrows heavily from Cross Country Canada's policy respecting the use of roller- skis on public roads. Senate Bill 327 seeks to accommodate this important training activity by utilizing safe and reasonable methods for sharing roadway surfaces with motorized vehicles. It has garnered a groundswell of support throughout the cross-country community ranging from Alaska's Interior region to Southcentral to the Kenai Peninsula. The 2006 Winter Olympic games are just around the corner. Would it be too much to expect seven (or more) of our cross-country skiers to make the trip to Torino, Italy? Of course not! In fact, a little courtesy and common sense combined with a small statutory revision can help make it happen. Number 0855 LIEUTENANT AL STOREY, Alaska State Troopers ("troopers"), stated that the troopers have been working with the sponsor of SB 327. He stated, "We are testifying to let the legislators know that we will gladly work with the sponsor if this was to become law, in promulgating regulations through the Department of Public Safety to address the use of these devices on the areas that can legally have bicycles on them." He indicated the desire to give consideration in those regulations to certain factors, including the age and experience level of the people who would be using "these devices" on the shoulder of the roads, and how the devices can be used in a safe manner. He mentioned factors that the troopers will give consideration to if the bill becomes law, including "those stopping issues," the protective gear that people would be required to use, and how they will conduct themselves in intersections and driveways to avoid injuries, especially the inexperienced, younger users of the devices. Number 0958 CHAIR WEYHRAUCH asked what the difference is between "roadways" and "vehicular ways", as written in the bill. LIEUTENANT STOREY surmised that a vehicular way could mean a long driveway or parking lot. CHAIR WEYHRAUCH pointed out that a parking lot could be privately owned. He asked if the intent of the bill is to cover both public and private vehicular ways. LIEUTENANT STOREY replied that he can't speak to the intent of the sponsor. Notwithstanding that, he remarked that school parking lots, for example, are common-use areas. In response to a follow-up question from Chair Weyhrauch, he offered his understanding that "areas available for use by bicycles" would mean that "if you can legally ride a bicycle on the shoulder of a particular roadway, then you can legally use the devices." Number 1044 REPRESENTATIVE GRUENBERG asked if there is currently a law or regulation requiring bicyclists to wear helmets. LIEUTENANT STOREY answered, "Not to my knowledge." REPRESENTATIVE GRUENBERG asked, "Is there a good reason why these people should wear them, but bicyclists shouldn't?" LIEUTENANT STOREY offered his own point of view that there is a greater capability to stop a bicycle because of the mechanical braking device on it, and the front wheel provides a "reactionary gap" - some cushion between the bicyclist and a vehicle that may come out in front of him/her from a driveway, for example. Number 1110 REPRESENTATIVE GRUENBERG noted that his wife made a video on bicycle safety and the need to wear helmets. He asked Lieutenant Storey if he thinks it's safe to bicycle without a helmet. LIEUTENANT STOREY said he can't speak from personal experience; however, he revealed that he has seen people who have sustained serious injuries in bicycle accidents, resulting in soft tissue damage and head injuries. He noted that helmets are required on military bases. Subsequently, he stated his personal belief is that bicyclists should wear helmets. REPRESENTATIVE GRUENBERG noted that on line 8 of the bill, it only requires that a helmet and bright clothing be worn. He asked if other protective gear, such as elbow pads, should be included in the language. LIEUTENANT STOREY answered that would be one of the issues that would be considered when drafting regulations related to this. He said his kids had [in-line skates], and he indicated that if he hadn't insisted that they wear kneepads and elbow pads his medical expenses would have been much higher. REPRESENTATIVE GRUENBERG noted that the bill is unusually drafted and doesn't set out the whole statute; therefore, "you can't see what the bill itself does." He said, "It apparently is some kind of authorization to the director of motor vehicles, or somebody, and I think ... this thing should be reprinted to set out the ... whole statute ...." Number 1208 REPRESENTATIVE SEATON noted the language on page 1, line 1, read, "pedestrians obey traffic laws". He said pedestrians face traffic, while bicyclists ride with traffic, and he asked which set of traffic laws [the "pedestrians using wheeled adjuncts"] would obey. LIEUTENANT STOREY stated that SB 327 addresses AS 28.05.011, which describes the duties of the commissioner of public safety. He offered his impression that the intent of the bill is to give empowerment to the commissioner to draft regulations to allow rollerbladers and rollerskiers to use those same areas that are legal for bicycles to use. Number 1300 REPRESENTATIVE BERKOWITZ pointed out that "rollerblades" is a brand name. He suggested using "in-line skates". [SB 327 was heard and held.]
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