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Arrested Mobility Report Supports Decriminalizing Biking and Walking
Equitable Cities, led by renowned scholar Charles Brown, recently released a report about transportation-related policies and practices across the country that limit mobility, opportunity, and access for Black Americans and other people of color. Arrested Mobility finds that these policies deliver profound obstacles to equitable access to our public roadways, reflecting structural racism and White supremacy in policy, planning, design and infrastructure, and law enforcement.
It’s worth taking a closer look because this critical research points toward the need for change in traffic enforcement and CalBike’s Biking Is Not a Crime campaign.
Discriminatory laws aren’t just relics of the past
Arrested Mobility examines laws governing walking, biking, and e-scooter use. It surveys policies in all 50 states, plus the two largest cities in each state, as well as selected counties. The researchers find that these laws serve as a legal mechanism for racist, discriminatory, and predatory police enforcement.
Laws that enable biased policing aren’t just found in outdated regulations enacted decades ago. As e-scooters have increased their mode share, new mobility laws have been added to the books and often carry considerable ambiguity, as well as evidence of racist enforcement. Many of the laws regulating e-scooter equipment and behavior are similar to those regulating biking: It’s almost impossible to ensure equitable enforcement, and there’s inconclusive evidence that these policies improve safety outcomes.
California advocacy reflects national trends
This national study reinforces what we’ve found and have been fighting against here in California. In fact, the study’s number one recommendation is to repeal laws, decriminalize violations, and promote alternative enforcement for policies that have minimal impact on safety and that are enforced in a racially discriminatory manner. We did this with the leadership of Assemblymember Phil Ting by passing the Freedom to Walk Act in 2022, to significantly decriminalize “jaywalking.”
The study’s additional policy recommendations also address ongoing policy advocacy we’re doing in the California legislature. Building more active transportation infrastructure is our top goal for the state, not only to make our streets safer from traffic violence but also to reduce unwanted encounters with police. Encouraging the legislature to devote more resources to Complete Streets in the state budget will make people walking and biking safer both from traffic violence and police violence.
CalBike’s campaigns to make our streets safe for all Californians
Placing limits on pretextual stops was the goal of the Freedom to Walk Act, and we’re pushing for an expanded effort this year with the Stop Pretextual Policing Bill, authored by Senator Steven Bradford, which will decriminalize many low-level bicycle violations. The bill will also allow communities to remove traffic enforcement from the purview of armed police officers, reducing the risk of injury and death during a police-initiated traffic stop.
The Arrested Mobility study found that 32 states have laws strictly prohibiting sidewalk riding. Sidewalk riding ranked higher for states and counties than for city governments — an interesting outcome considering that cities are more likely to construct and maintain sidewalks than state and county governments. Sidewalk riding is another offense often selectively enforced against Black and Latino Californians, as uncovered in a bombshell LA Times investigation.
CalBike is sponsoring the Sidewalk Riding Bill, led by Assemblymember Issac Bryan, to address this issue, and so far our lawmakers agree. Riding on the sidewalk isn’t ideal, but for many streets, riding on the sidewalk is the only safe option. More than half of the country’s most dangerous roads for pedestrians are in predominantly Black or Latino neighborhoods, and police have used sidewalk riding bans to target people of color, often in communities without safe biking infrastructure.
Growing movement challenges discriminatory traffic laws
Arrested Mobility will be an invaluable resource for policy advocates such as ourselves and the growing movement across the country to change discriminatory mobility policies at all governmental levels. Many of the laws documented by the researchers are still on the books. While they’re intended to serve a pragmatic purpose, in practice they unfairly target Black people and other people of color.
This study shows the urgent need for additional research into how these policies are enforced in specific state, county, and local contexts, as well as their potential to be enforced inequitably. It certainly inspires us at CalBike to keep researching specific laws that can be reformed so that all Californians can move safely.
Legislative Update: Mostly Positive Results for Active Transportation Bills at Midpoint
June 2 was the deadline for all bills to move from their house of origin or get nixed. While two of CalBike’s top-priority bills didn’t survive, many more excellent measures are moving forward. Here’s where we stand.
Bills moving forward
By June 2, all Assembly bills needed to pass a floor vote and move to the Senate, and Senate bills needed to move to the Assembly. Happily, most of the bills CalBike supports this year made the cut.
Stop Pretextual Policing
(SB 50, Bradford): Another Biking Is not a Crime measure, this bill prohibits police officers from stopping or detaining a bike rider for a low-level infraction, such as riding on the sidewalk or riding without lights, to deter pretextual stops and searches. While its companion bill, AB 93, didn’t pass the Assembly, we’re encouraged by the support.
Bicycle Safety Stop
(AB 73, Boerner): It’s not a question of whether this bill, which allows people on bikes to treat stop signs as yields when the right of way is clear, will pass the legislature since it passed each of the last two years. The challenge will be convincing Governor Newsom not to veto it — again.
Regional Prioritization for Clean Transportation
(AB 6, Friedman): This vital bill, a version of which passed the legislature only to be vetoed by the governor in 2022, requires regional transportation agencies to prioritize and fund transportation projects that significantly contribute toward regional and state climate goals, divesting from projects that contribute to GHG emissions and investing in transportation alternatives.
Daylighting to Save Lives
(AB 413, Lee): This bill prohibits stopping, standing, or parking a vehicle within 20 feet of any unmarked or marked crosswalk to reduce lethal collisions.
Climate-First Transportation Planning
(AB 7, Friedman) This bill keeps getting better as it’s amended. As it stands, it requires state transportation agencies to incorporate the principles of the Climate Action Plan for Transportation Infrastructure and the federal Infrastructure Investment and Jobs Act in the project selection and implementation process.
Safe Sidewalk Riding
(AB 825, Bryan): Part of our Biking Is Not a Crime slate, this measure allows bicycle riding on a sidewalk adjacent to a street that does not include a Class I, Class II, or Class IV bikeway. It protects pedestrians by requiring people on bikes to share the space responsibly and imposing a 10 mph speed limit on bikes. Despite some opposition, it’s moving forward.
Decriminalize Transit Fare Evasion
(AB 819, Bryan): We’d like public transit to be free for everyone. Until then, this bill to decriminalize fare evasion by removing it as a misdemeanor classification is an excellent step in the right direction.
No More Warrants for Infractions
(AB 1266, Kalra): When someone doesn’t show up in court because of a traffic infraction, including bicyclists and pedestrians who get tickets, the judge can issue a bench warrant. If that person is later stopped (perhaps due to pretextual policing because of the color of their skin), they will have a warrant for their arrest and could be taken to jail. This measure eliminates the use of bench warrants for minor traffic infractions, thereby eliminating a pipeline that has often kept people struggling to get by stuck in a cycle of jail time and poverty.
Make Caltrans Freeway Data Public
(SB 695, Gonzalez): One of those wonky bills that could make a big difference, this will help advocates like CalBike uncover harmful freeway expansion projects whose funds could be better spent on active transportation.
Deadly Oversized Cars
(AB 251, Ward): This bill creates a task force to study the relationship between vehicle weight and injuries to pedestrians and cyclists and to study the costs and benefits of imposing a passenger vehicle weight fee. Heavier cars with taller grills are implicated in rising traffic fatalities, especially among vulnerable road users, so this is a timely measure.
These active transportation bills also moved forward:
- AB 361 (Ward): Cars Blocking Bike Lanes
- AB 761 (Friedman): Public Transit Transformation Task Force
- SB 712 (Portantino): Tenancy & Micromobility
Signs of progress
Two bills that didn’t make it last year are moving forward, an encouraging sign.
Free Transit for Youth Pilot (AB 610, Holden): The governor vetoed this last year, citing budget concerns. The budget remains concerning, but the concept of giving free transit passes to young people is gaining momentum, so we hope this pilot gets the governor’s signature.
Automated Speed Enforcement Pilot (AB 645, Friedman): Enforcing speed limits with traffic cameras, which is common in other countries and some US states, has been a tough sell in California. A version of this bill died in committee the past two years. We’re thrilled to see it move to the Senate, though its passage is not assured.
The ones that didn’t make it
Unfortunately, two of CalBike’s high-priority bills died in the Assembly. We hope they’ll come back next year.
Equity-First Transportation Funding (AB 1525, Bonta) Our top-priority bill, this measure would have directed 60% of transportation funding to disadvantaged communities. It would have been a significant step toward correcting the racism built into our transportation infrastructure and improving streets in often-neglected low-income neighborhoods. The movement to right historical wrongs by removing freeways and other measures is growing, including at the federal level, so we hope to see another measure like this in the future.
Stop Baseless Searches (AB 93, Bryan): CalBike fought hard for this bill prohibiting police officers from requesting consent to conduct a search if the officer does not suspect criminal activity. Thank you to everyone who emailed their assemblymember.
These bills also failed:
California Bike Smart Safety Handbook (AB 1188, Boerner): It was expected to cost $4.1 million, apparently too much for the legislature to move it forward in this budget deficit year.
Highway Pilot Projects to Reduce Emissions (AB 981, Friedman): We’re not sure why the legislature doesn’t want Caltrans to take all opportunities to reduce the carbon emissions of freeway projects. Sigh.
Bills change as they pass through the legislature and get amended, for better and worse. We keep tabs on all the active transportation measures. Check our Legislative Watch page for the latest on all the bills on CalBike’s radar this year, and watch your inbox for opportunities to join our campaigns to pass essential active transportation legislation.
Bicycle Safety Stop FAQs
The Bicycle Safety Stop Bill will make it legal for people on bikes to do what they already do: slow at stop signs, stop if necessary, and proceed with care if the way is clear. It’s a commonsense bike riding maneuver that’s legal in several other states. Yet the governor has vetoed it twice, citing safety concerns. So we wanted to break down common misconceptions about the bicycle safety stop to respond to those concerns.
What is the bicycle safety stop?
The bicycle safety stop allows bicycles to treat stop signs as yields. When a bike rider comes to a stop sign, they must slow down and assess whether they have the right of way and whether it is safe to proceed. If the intersection is clear, the person on a bike may proceed. However, bikes still have to yield to pedestrians and other traffic that entered the intersection first.
Is the safety stop the same as the Idaho stop?
Yes and no. The original safety stop law, passed in Idaho in 1982, allows people on bikes to ride through red lights after coming to a full stop, in addition to treating stop signs as yields. So the bicycle safety stop, as proposed in California, resembles half of the Idaho stop law. California would not allow bike riders to treat red lights as stop signs.
Is the safety stop the same as the Delaware yield?
California’s safety stop law would be the same as the Delaware yield, which allows people on bikes to yield at stop signs.
Is the bicycle safety stop legal in California?
No. Assemblymember Tasha Boerner authored a bill to legalize the bicycle safety stop in 2021 and 2022. Both bills passed the Assembly and Senate and were vetoed by Governor Gavin Newsom. The governor cited safety concerns in his veto messages.
In 2023, Boerner is running AB 73 in another attempt to make stop-as-yield legal for adults on bikes in California. As of this writing, it has passed the Assembly and is moving through committees in the Senate soon. Look for opportunities to raise your voice to support AB 73 in the coming months.
Is the bicycle safety stop safe?
In the six years after Delaware legalized stop-as-yield for bikes, the state police have reported that bike-involved crashes went down, most notably at intersections. The National Highway Traffic Safety Administration (NHTSA) issued a fact sheet in 2022, citing the safety of stop-as-yield laws. There is no evidence that the laws have made bicycling less safe anywhere they have been adopted.
Why does CalBike support the bicycle safety stop?
CalBike has long supported legalizing the bicycle safety stop.
- Treating stop signs as yields makes sense for bike riders because it conserves momentum.
- At bike riding speeds and with full visibility (bikes don’t have blind spots), it’s safe for bikes to yield at stop signs when the intersection is clear of other traffic.
- Bike riders are safer when car drivers know what to expect. The safety stop is a common and commonsense behavior that is likely to reduce crashes.
- Most bike riders never get a ticket, despite commonly treating stop signs as yields. However, we know that Black and Latino bike riders in California are targeted by police disproportionately and are more likely to be cited for minor infractions with no impact on public safety, such as rolling through a stop sign. Legalizing the safety stop will reduce the number of traffic stops for people on bikes that can sometimes become deadly police encounters.
What are the benefits of the bicycle safety stop?
The bicycle safety stop gives people in cars better information about what to expect from people on bikes, particularly at intersections. It has been shown to reduce or have no effect on crashes involving bikes. And it will make Black and Latino bike riders safer from pretextual police stops.
The safety stop allows bike riders to conserve momentum and maintain the flow of traffic, making riding more intuitive and fun. And that’s good for the climate and for neighborhood safety because the more people that bike, the safer it is to ride.
Where is the bicycle safety stop legal?
At the moment, some version of the bicycle safety stop is legal in these states:
- Idaho
- Washington
- Oregon
- Utah
- North Dakota
- Oklahoma
- Arkansas
- Delaware
- District of Columbia
- Minnesota (as of 8/1/2023)
Legislation is currently being considered in Virginia, New York, and Texas, and there is interest in other states and in Canada as well.
What’s the federal position on the bicycle safety stop?
The National Highway Traffic Safety Administration (NHTSA), under the auspices of the U.S. Department of Transportation, issued a fact sheet in 2022 citing the safety and benefits of stop-as-yield laws.
Is it dangerous for bikes to treat stop signs as yields?
Legalizing the safety stop is an important step to recognizing that riding a bike is different from operating a motor vehicle and creating bike-specific regulations that make it easier for bike riders to operate legally and safely on California roadways.
The safety stop won’t cause bike riders to suddenly start blowing through stop signs or riding more dangerously. They will do what they currently do: slow down at stop signs, stop when necessary, and ride cautiously through the intersection if the way is clear. The only difference will be that this common, safe way to ride will be legal.
Why did the governor veto the bicycle safety stop before, and why won’t he veto it again?\
In the governor’s veto message, he stated he was concerned that the change in law may decrease rather than increase safety, specifically for children. Ignoring years of data from other states that have successfully implemented the law, he instead focused on faulty state traffic data that effectively blamed people on bikes for increasing collisions. This time around, more states have adopted these laws, and more data is available. In addition, this year’s bill only applies to adults, so we’re hopeful the governor will take a more reasonable position.
People on bikes already do crazy things. Won’t the safety stop make them even more dangerous?
A small minority of bike riders, like a minority of car drivers, make poor choices, disregard the safety of others, and fail to share the road considerately. If you drive a motor vehicle around people biking, you may notice the few who ride unpredictably and not the many who share the road safely and considerately.
So, no, people on bikes don’t generally do crazy things. If a bike rider blows through a stop sign and gets hit by a car, the person on the bike will fare much worse in the collision than the person in the car, so the bicyclist, a vulnerable road user, has a strong incentive to be cautious.
Unfortunately, our streets and roads were designed for people in cars. Bike riders do their best to find safe ways to get where they need to go, often without safe or adequate infrastructure. That can lead to confusion and challenges in sharing the road.
People on bikes aren’t the only ones who treat stop signs as yields on California roads. Our state is famous for the California rolling stop, where a car driver slows but doesn’t stop at a stop sign. Perhaps you do this yourself.
If someone in a 2-ton vehicle with limited visibility can safely roll through a stop sign, someone on a human-powered, low-speed, 30-pound bicycle (or even a slightly heavier and faster e-bike) with a tall vantage point and high visibility can certainly do the same.
Everyone will be safer if we make the bicycle safety stop legal. If you support the Bicycle Safety Stop Bill, sign our petition and stay tuned for chances to tell the decision-makers in Sacramento that California should legalize stop-as-yield for people on bikes.