HomeMy WebLinkAbout10-31-22 Public Comment - M. Brown - Legislative Priorities missing two key components - Res. 5450 to be heard Nov. 1, 2022From:Marilee Brown
To:Mike Veselik
Cc:Agenda
Subject:Fwd: Legislative Priorities missing two key components - Res. 5450 to be heard Nov. 1, 2022
Date:Monday, October 31, 2022 10:09:36 PM
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Mr. Veselik,
You have worked very hard on an impressive document. But you could not have possiblyknown that two tragic deaths would occur in the last two weeks when you wrote it. Those
deaths have spurred on a four-point safety plan by Transportation Director Nick Ross thatincludes the two missing points I have outlined below. I hope that you mention them as
outstanding and possibly needing to be added.
Thank you for your consideration,Marilee Brown, Executive Director
Safer Bozeman406-579-5447
Begin forwarded message:
From: Marilee Brown <saferbozeman@gmail.com>
Subject: Legislative Priorities missing two key components - Res.
5450 to be heard Nov. 1, 2022Date: October 31, 2022 at 11:24:09 AM MDT
To: Jeff Mihelich <jmihelich@bozeman.net>, Cyndy Andrus
<candrus@bozeman.net>, Terry Cunningham
<Tcunningham@bozeman.net>, I-Ho Pomeroy
<ipomeroy@bozeman.net>, Jennifer Madgic <JMadgic@Bozeman.net>,
Christopher Coburn <CCoburn@bozeman.net>
Cc: Nicholas Ross <nross@bozeman.net>, Taylor Lawnsdale
<tlonsdale@bozeman.net>, Candace Mastel <cmastel@bozeman.net>,
Ralph Zimmer <RalphZimmer@mcn.net>, kelly pohl
<kellycanyon@gmail.com>
RE: Resolution 5450
Commissioners and City Manager,
It is apparent to Safer Bozeman that a value component of the city is
quality of life and prosperity which speaks to diversity, . Clearly the components
within the Legislative Priorities and Agenda document are pursuant of what the
community of Bozeman values.
Given the City of Bozeman’s recent events concerning traffic safety, and
subsequent meetings and discussion by the Commissioner’s, Transportation
Committee, and with public comment, Safer Bozeman would offer that the
value of ‘safety of the community’ as it relates to transportation requires a
higher prioritization and comprehensive approach when engaging the
legislature for the 2023 session.
Safer Bozeman Reference:
Legislative Priorities and Agenda
2023 Montana Legislative Session
Section: (pg 10.1)
Bozeman Priorities: Support
Municipal control of Signaling system
In Bozeman, several key travel routes are on Montana Department of
Transportation maintained roads. The City would support legislation to allow for
municipal control of signaling systems on MDT maintained highways in City
Limits.
Partners: Montana Infrastructure Coalition
Safer Bozeman recommends additional support language to this section
as related to the transportation system within the City of Bozeman.
The City of Bozeman to have authority to set speed limits for the sake of
continuity on city streets even if the road is not city road.. The example of
Oak between 7th and 19th where Kelly Fulton had his tragic accident is
an example of lack of speed limit continuity. Oak is a State road. The
speed limit varies from 35 mph to 45 mph over one and one half miles.
The road bisects residential subdivisions. The road also has a class 2
bicycle lane in both directions. MT 61.8-103 Limits the power of local
authority
In the interest of Safety, for the City of Bozeman in consultation with
Public Safety to have 100% discretion as in setting fines for moving
vehicle infractions (including hitting a pedestrian or cyclist) in particular as
said infractions are related to speeding. Safer Bozeman references the
many sources of data that correlate an increase in fines with a lowering
of speed offenders. To the extent that State would restrict maximum fines
for speeding, Safer Bozeman recommends language and pursuits that
empower the City of Bozeman to have 100% discretion in setting speed
limits within the City limits. MT 61.8.725 limits the amount of fines
1.
Argument: The amount of a speeding fine strongly correlates
with deterrent compliance ie: a low fine low compliance, a high
fine, high compliance. Given that the City of Bozeman values
safety within the city and especially in the utilization of the
transportation system it goes that increasing fines for speeding
will correlate with lower speeding infractions and likely a lowering
of speed in the system thus improving safety for the citizens of
Bozemanites utilizing the transportation system.
Thank you for your consideration in amending the resolution to include some ofthe priorities that the new Director of Transportation has identified as necessaryin his four-point plan.
Sincerely,
Marilee Brown, DirectorSafer Bozeman406-579-5447
*******************************************
Apendix
1)Montana Code Annotated 2021
TITLE 61. MOTOR VEHICLES
CHAPTER 8. TRAFFIC REGULATION
Part 1. General Provisions
Provisions Uniform Throughout State -- Power Of Local
Authorities
61-8-103. Provisions uniform throughout state -- power of local authorities.
The provisions of this chapter shall be applicable and uniform throughout this state
and in all political subdivisions and municipalities therein and no local authority shall
enact or enforce any ordinance, rule, or regulation in conflict with the provisions of
this chapter unless expressly authorized herein. Local authorities may, however,
adopt additional traffic regulations which are not in conflict with the provisions of this
chapter.
History: En. Sec. 27, Ch. 263, L. 1955; amd. Sec. 1, Ch. 201, L. 1957; R.C.M.
1947, 32-2130.
2)Montana Code Annotated 2021
TITLE 61. MOTOR VEHICLES
CHAPTER 8. TRAFFIC REGULATION
Part 7. Enforcement — Penalties
Penalty For Violation Of Speed Limits -- No Record For Certain
Violations
61-8-725. Penalty for violation of speed limits -- no record for certain
violations. (1) A person shall be fined for violating the maximum speed limit in
accordance with the following schedules:
(a) for a violation of 61-8-303(1)(a):
Amount of Fine MPH in Excess of Speed Limit
$40 1 - 10 (daytime)
40 1 - 10 (nighttime)
70 11 - 20
120 21 - 30
200 31+
(b) for a violation of 61-8-303(1)(b), 61-8-309, or 61-8-312:
Amount of Fine MPH in Excess of SpeedLimit
$20 1 - 10 (daytime)
20 1 - 10 (nighttime)
70 11 - 20
120 21 - 30
200 31+
(2) (a) A violation of a speed limit imposed pursuant to 61-8-303 is not a
criminal offense within the meaning of 3-1-317, 45-2-101, 46-18-236, 61-8-
104, and 61-8-711 and, except as provided in subsection (2)(b) or (4), may not
be recorded or charged against a driver's record, and an insurance company
may not hold a violation of a speed limit against the insured or increase
premiums because of the violation if the speed limit is exceeded by no more
than:
1.
(i) 10 miles an hour during the daytime; or
2. (ii) 5 miles an hour during the nighttime.
3. (b) If a driver is guilty of exceeding 90 miles an hour in violation of 61-8-303(1)(a), the violation may be recorded or charged against a driver's record and an insurance company may hold the violation against an insured driver's premium.
4. (3) The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303.
5. (4) The recordkeeping restrictions provided in subsection (2) with respect to a person's driving record do not apply to a speed limit violation or conviction that was committed by:
6. (a) a Montana resident in another state whose violation or conviction was reported to the department by a court or the licensing authority in the state in which the violation occurred; or
7. (b) a person who holds a commercial driver's license regardless of whether or not the violation occurred while the person was operating a commercial motor vehicle.
8. (5) This section does not apply to the violation of a special speed zone established under 61-8-309 or 61-8-310.
History: En. Sec. 3, Ch. 43, L. 1999; amd. Sec. 1, Ch. 4, Sp. L. June 1999; amd. Sec. 26, Ch. 428, L. 2005; amd. Sec. 8, Ch. 393, L. 2013; amd. Sec. 4, Ch. 395, L. 2015.
Marilee Brown, Chair
GAP - Galla10 Alliance for Pathways
2411 Kid Curry Drive
Bozeman, MT 59718
406-579-5447
saferbozeman@gmail.com
www.frontagepathway.com