Dear Porto Alegre and Brazilian Friends,
(I put this before you with the proviso that I know zero about the actual state of the law regulating drivers' behaviour in Porto Alegre, nor in Brazil. Of course it would be my great hope that something along these lines has already been read into the law. In which event the excellent banker, driver and criminal Ricardo José Neis will be handled by the courts in good order. Based on what I know, I can only hope that a fair and swift trial will conclude that he should go to prison or ordered to do community service in emergency services in your toughest hospitals for a couple of years for his heinous act. And of course forfeit his driver's license for at least ten years. But that's for the justice to decide, and in this case, today, let's stretch our arms well beyond than just that one man and this one event, and see if we can make some good out of all this unhappiness.
Proposition: I urge that the city should in response to this near tragedy adopt a "Street Code".
Let me see if I can clarify this quickly:
The idea is that in the event of any collision or accident on street, sidewalk or public space, legal responsibility to prove innocence is automatically assigned to the driver of the heavier faster vehicle. This means that a driver who hits a cyclist under any circumstances must under the law prove his innocence, as opposed to today where the cyclist must prove the driver’s guilt (something that is not always very easy to do and can be very expensive. As Mr. Neis will find out when he finally settles with his lawyers).There is a good introduction in Wikipedia on this in French at http://fr.wikipedia.org/wiki/Code_de_la_rue, the high points of which I have quickly translated below. You can also find an article on the street code in the pages of World Streets, under the title " "Street code: A World Streets Campaign for 2009" -- http://worldstreets.wordpress.com/2009/03/25/street-code-a-world-streets-campaign-for-2009/ (More references at the end of this article.)
Extracts from " Code de la rue"
In Belgium, we call street code (Straatcode in Dutch) Royal Decree of 4 April 2003 amending the Royal Decree of 1 December 1975 laying down general rules on police road traffic. This order has significantly changed the rules of the road (highway), considered unsuitable for urban traffic.
The main elements of the street code are:
* The full weight of responsibility impinges on the stronger vis-à-vis the weaker. Thus, a truck must adapt its speed and keep a safe distance when approaching a car, the car when it approaches a bike and the cyclist before an approaching pedestrian.
* Pedestrians have 100% priority at intersections.
* Bicycles are permitted to travel in both directions on a (designated) one way street.
* Skaters and people on push scooters must give way to pedestrians.
The Belgian example has been followed almost to the letter in France, starting with a study in 2006, and implementation in steps through this date.
Now is the time for Brazil, lead by the mayor and the people of Porto Alegre to adopt a Street Code to protect their citizens in the public space of the city.
Then once that has been accomplished to take the new law to one city at a time across the country.
And if there is anything we can do to help in this you know where to find World Streets:
But there is more.
# # #
About Critical Mass and Civility
Let's take a few steps back on this.
If we are to learn the full lessons from this experience we will do well to dig a bit into the overall situation to get a feel for the dynamics. Indignation over the murderous act is an appropriate reaction, and using this event to make a necessary change in the law important. But is that all there is to this story?
Truth to tell, we have over the years and in many places seen a quite large number of occasions in which Critical Mass rides have been conducted in ways that are more conflictual and on occasion less civil than they might be. On the margin at least, though yes this is very much a minority situation. Many of us who cycle every day and love city cycling run into problems with the "in your face" attitude that can crop up on the part of some of the CM participants. From a psychological point of view this strong sense of resentment is natural enough - indignation in the face of a situation that needs to be changed -- but that is no excuse. If we get these rides and public actions wrong we risk only to disserve our shared and noble cause and lose popular support in the process.
Here is what one long-time cyclist and cycling activist - from the UK Dave Holladay - had to say in a message on this score this morning:
Whilst this is a regrettable incident I have felt both embarrassed and scared by the confrontational behaviour that some participants on CM rides exhibit. Let's see what emerges after the dust settles. Something obviously escalated the issue with the car reported to have followed the group for some distance and the driver claiming the cyclists were slapping the car - presumably part of an escalating situation of mutually antagonising action.
I contrast the cycling CM in London with the mass line skater nights where the skaters make no attempt to block the traffic for the sake of it but slip smoothly through the congested streets, making a far more effective call to those trapped in their tin boxes "join us, have fun, and get home more quickly" I've seen a US clip where a cyclist makes a deliberate effort to obstruct a driver and ends up with the bike crushed. If you want to take the moral high ground you don't sink to the level of those you seek to shame.
Life in civil society can be complicated with all our contrasting varieties of points of views and preferences. But if democracy is to succeed it has to be civil.
Now with this behind us, let's get on with the business of modifying the Street Code. Starting in Porto Alegre. Right now!
# # #
Some References:
Earlier W/S articles under this heading
Code de la rue. Arrêté royal. Belgium. 4 avril 2003
Code de la rue – Wikipedia
Article: "Street code" (Code de la rue) in France
Code de la rue on Facebook (Québec)
Code de la rue website (Québec)
Livable Streets discussions of Street Code
What is Street Code?
Article: Code de la rue – Belgium (Use Translate here as needed)
Article:Code de la rue – France
Article: "Street code" (Code de la rue) in France
# # #
Key local contacts (With kind thanks to Adalberto Maluf)
The Mayor’s name is José Fortunati and his telephone is 55. (51) 3289-3600
Twitter of the City Hall – Porto Alegre http://twitter.com/Prefeitura_POA
Municipal Secretaries of Transporte
Secretário Municipal de Obras e Viação
Cássio Trogildo
(51) 3289-8831/3289-8832
cassio@smov.prefpoa.com.br
Deputy-Transport
Secretário Adjunto de Obras e Viação
Adriano Borges Gularte
(51) 3289-8850
adrianog@smov.prefpoa.com.br
Planning at Transport Secretariat
Coordenador da Assessoria de Planejamento
Antônio Marcos Jeremias
(51) 3289-8837
jeremias@smov.prefpoa.com.br
Secretary of Sports
Secretaria Municipal de Esportes, Recreação e Lazer – SME
Av. Borges de Medeiros, 2713 – CEP 90110-150
Parque Marinha do Brasil
(51) 3289-4850 / 3233-6116
Fax: (51) 3289-4855
Secretário: Edgar Meurer
E-mail: edgarmeurer@sme.prefpoa.com.br
Politics and Local Governance
Secretaria Municipal de Coordenação Política e Governança Local – SMGL
Praça Montevidéo, 10 CEP: 90010-170
(51) 3289-3766 / 3669
Fax: (51) 3289-3614
Secretário: Cezar Busatto
E-mail: busatto@smgl.prefpoa.com.br
Human Rights
Secretaria Municipal dos Direitos Humanos e Segurança Urbana – SMDHSU
Rua João Alfredo, 607 – CEP: 90050-230
(51) 3289-7022 / 7023
Fax: (51) 3289-7022
Secretário: Nereu DÁvila
E-mail: nereudavila@sdhsu.prefpoa.com.br
# # #
About that photo:
Since we are getting together on this to get something positive and hopefully permanent out of this near tragedy and certainly learning experience, and since no one was mutilated or killed in the awful attack, let's celebrate life and the future. Here you have the wedding procession of William Cruz and his lovely bride celebrating with friends in a Critical Mass demonstration of their own. The great photo is by Thiago Benicchio, and you can find more at http://vadebike.org/2009/10/casamento-de-bicicleta-fotos-videos-textos/.
Let us celebrate life. Print this article
Posts
Thank you for your text, Eric. People are reading and discussing those ideas here.
ReplyDeleteThank you for this very interesting text.
ReplyDeleteI can't help being horryfied and enraged by what happen, as well as by the quotation of the city's police chief: "The city's police chief partly blamed the riders because they hadn't arranged a permit for the ride." As if asking for a permit was comparable to try to kill cyclists.
I was intrigued by Dave Holladay's comment: "If you want to take the moral high ground you don’t sink to the level of those you seek to shame." I have worked in car pollution control policies for 10 years and one thing I have learnt for sure: car uses will never be in an open debate. Car manufacturers have managed to have drivers develop a true relationship with their cars, which is brilliant in terms of marketing, but has resulted in excluding many solutions and issues from the debate, the axiom being now that cars are indispensable and travelling in your car is a right as important as breathing or walking safely.
I am still trying to find a way to change these fundamentals but, meanwhile, I can understand cyclist trying to show drivers stuck in their $15000 metal box the "ridicule" of their situation. I don't know of any public space to debate between drivers and bikers on this issue...
About that photo:
ReplyDeleteSince we are getting together on this to get something positive and hopefully permanent out of this near tragedy and certainly learning experience, and since no one was mutilated or killed in the awful attack, let's celebrate life and the future. Here you have the wedding procession of William Cruz and his lovely bride celebrating with friends in a Critical Mass demonstration of their own. The great photo is by Thiago Benicchio, and you can find more at http://vadebike.org/2009/10/casamento-de-bicicleta-fotos-videos-textos/.
Let us celebrate life.
[...] A “Street Code” for Porto Alegre [The latest and most compete posting of this article will be found in World Streets at http://worldstreets.wordpress.com/2011/03/02/a-street-code-for-porto-alegre/] [...]
ReplyDeleteEmail to key Belgian contacts of 4 March:
ReplyDeleteI wonder if I might ask you to lend a hand for the following good cause:
With a group of Brazilian colleagues we are trying to run down the exact text of an article in Belgian Law called the "code de la rue" (Straatcode in Flemish) based on the Arrêté Royal du 4 avril 2003. You can find a brief introduction to this at http://fr.wikipedia.org/wiki/Code_de_la_rue.
And you will find background on the murderous incident that took in Porto Alegre just one week ago that have lead to this informal collaborative international project at http://worldstreets.wordpress.com/category/street-code/.
Specifically what we are looking for is the exact text of the law as it currently stands, which we can then distribute among our various Brazilian friends and groups working on this, all to the end of trying to put pressure both on local government in Porto Alegre and on national government to change the law under the "principe de prudence", whereby the onus of proof in a legal settlement after an incident will be on the larger/heavier/faster to prove their innocence – as opposed to the situation prevailing in most places where the onus is on the injured party to prove the culpability of the larger vehicle.
I realize that this is a busy day for you, but if you have any clues for us, they would really be much appreciated. What we can offer in return is a free subscription to the Weekly Edition of World Streets, the most recent copy of which I have attached along with a short background note on what this collaborative project is all about. (Actually you can get the free subscritption even if you are not able to help us on this. We have a big house vision of life.)
Kind thanks and may the Ides of March treat you well.
Eric Britton
Thanks Eric. Let me check with our Belgian colleagues.
ReplyDeleteKind regards,
Oleg
Oleg Kamberski
Head - Passenger Transport & Taxis
International Road Transport Union (IRU
Bonjour Isabelle,
ReplyDeletePeux-tu les aider?
Merci d’avance
Bien à toi
Pierre
Here we go Eric
ReplyDeletehttp://admin.bivv.be/dispatch.wcs?uri=702087253&action=viewStream&language=fr
Good morning Eric,
ReplyDeleteQuite an easy find this. Open government works so well here in Belgium nobody thinks we need one anymore.
All legal publications can be found here http://www.ejustice.just.fgov.be/doc/rech_f.htm if there any cross references your team may need.
It is a glorious day.
Best regards
Ian
Eric,
ReplyDeleteI suggest you contact Pierre-Jean Bertrand or Grégory Moors at the Brussels Region Mobility Administration (Bruxelles Mobilité http://www.bruxellesmobilite.irisnet.be/). They are in charge of Cycling and Pedestrian policy, and should know exactly where to find this text and what its status is.
Dirk
Hi Eric,
ReplyDelete(a) and (b) The following link has a very good summary of the Traffic Code in regards to cyclists and pedestrians protection in Brazil: http://vadebike.org/2004/08/o-que-o-codigo-de/
On the beginning of the text there is a link to the full Traffic Code.
Since it is in portuguese, let me summarize in english some key points:
- Art. 21 - II: the road executive entities and public organs are responsible for promoting and developing the safe circulation of cyclists.
(Art. 24 says the same thing, but in the municipal level)
- Art. 29, 2nd paragraph: larger vehicles will always be responsible for the safety of smaller vehicles, motorized for non-motorized and, both, responsible for the safety of pedestrians.
- Art. 38: Whenever a vehicle changes direction, the driver must give preference to the crossing of cyclists and pedestrians.
- Art. 58: Where there is no bicycle structure (bikelane or similar), the circulation of bicycles must occur on the borders of the street, in the same direction of the traffic flow, with preference over motorized vehicles.
- Art. 170: Any kind of driving that causes a threat to pedestrians that are crossing a public street is considered a very severe infraction (form of classifying type of infraction in Brazil), with a fine and driver's license suspension.
- Art. 201: (Very important!) To not give the adequate distance of 1.5 meters when passing a cyclist is considered a medium infraction and the driver gets a ticket.
- Art. 214: A driver that does not give preference of passing to non-motorized vehicles and pedestrians will have to pay a fine and will be considered a very severe infraction.
- Art. 220: To no reduce the safety speed in traffic when passing a cyclist is a severe infraction with a fine for the driver.
This is basically what we have. All the punishment for car crashing on a bike or pedestrians is mentioned on the Criminal Code.
Note: On March 15th I will be in Porto Alegre and I intend to talk to the friends from Critical Mass to build a strategy based on these conversations, so let's do it!
João Paulo M Amaral
skype: jpmamaral
Dear Eric
ReplyDeleteI will summarise what the Dutch law regulates in case of accidents between pedestrians or cyclists with rider or drivers of a motorised vehicle. The reason behind the regulations is to arrange liability. As a consequence pedestrians and cyclists might experience more safety since the prime responsibility to prevent an accident is in fact with the motorised rider or driver.
Article 185 of the highway code states that in case of an accident, the rider or driver is almost always liable when the pedestrian of cyclist is less than 14 years and at least 50% liable when the ped or cycl is 14 years or older. The only exemption is when the driver can prove force majeure.
To what extent the ped or cyclists will held responnsible between 0 and 50% depends on his or her mistakes. The motorised rider or driver have to prove that he or she made mistakes.
An important role for this law has been played by the opportunity to make use of insurances. Riders and drivers of motorised vehicles are obliged to have an insurance for damage and loss for others.
Source:
http://www.anwb.nl/binaries/pdf/over-anwb/rechtshulp/rechtshulpwijzers/rhw_fietsers_en_voetgangers_beschermd.pdf
I hope this is of help
roelof
Roelof Wittink, Director
Leadership Award Cycling Promotion 2010. Cycling Embassy of Denmark
I-ce = Interface for Cycling Expertise
Trans 3, 3512 JJ Utrecht, The Netherlands
tel: +31 (0)30 2304521 fax: +31 (0)30 2312384
email (general): i-ce@cycling.nl
email (personal): roelof.wittink@cycling.nl
website: www.cycling.nl
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