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Conference noted::bicycle

Title: Bicycling
Notice:Bicycling for Fun
Moderator:JAMIN::WASSER
Created:Mon Apr 14 1986
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:3214
Total number of notes:31946

2176.0. "OUH law coming up in NH" by NOVA::FISHER (Rdb/VMS Dinosaur) Tue Jan 28 1992 17:01

         <<< CNOTES::DISK$NOTES:[NOTES$LIBRARY]NEW_HAMPSHIRE.NOTE;2 >>>
                             -< The Granite State >-
================================================================================
Note 1998.0                  Anti OUH Law coming up                    3 replies
NOVA::FISHER "Rdb/VMS Dinosaur"                      36 lines  28-JAN-1992 10:31
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    Are you sleeping well?  I hope not, the NH legislature is in session.
    
    The NH House Committee on Transportation recently considered a bill
    to make it a criminal offense (not a traffic ticket, a criminal
    offense punishable by a $50 fine) to wear headphones while driving,
    or operating a bicycle on the public ways of the state.
    
    I am told, by my legislative rep, that discussion went something like
    "well, what about joggers" "Yeah [they look like they're having fun]
    let's get them too".  And "Well, you know when you pull up to a stop
    light and you hear all that noise coming from some other car" "Those
    aren't headphones" "Well it could be"  "Pilots wear headphones, guess
    we have to allow that"
    
    As it stands the bill will include joggers and probably pedestrians.
    
    The CLU spokeswoman pointed out to the committee that a profoundly
    deaf person can operate a vehicle so this is descrimination against
    the hearing-abled.  (Actually it'll probably pass because the ACLU
    took a position against it.)
    
    Anyway, this will probably pass the House and go into a Senate Committee
    for hearing in about 3 weeks.
    
    I mean this is a legislature that won't do anything about radio
    speakers over 120db.
    
    Anyone else wanna give testimony?  Properly controlled
    headphones are no worse than cellular phones.  Oh yes, the cellular
    phone lobbyist got up and made sure they don't do anything to cut back
    on cellular phones.
    
    The motorcycle lobies are being activated too (those little 2 way radio
    headsets for moto-couples are included).
    
    I personally think folks who wear headphones that are so loud
    they become unaware of the rest of the world are stupid but I
    don't want anyone to legislate against our right to be stupid.
    
    ed
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2176.1Live free or dieNQOPS::CLELANDUSIM&amp;T Data Center ServicesWed Jan 29 1992 10:2622
    	I should think (hope) the intended use would be a factor.
    
    	There are many arguments. Stereo headphones should be frowned upon,
    	but two-way communication should not be outlawed.
    
    	Greg Lemond road tested a new communications system in last years
    	Tour de France. It was mounted in his helmet, with a small boom
    	microphone extending down around the cheekbone.
    
    	I would not want a device like this to become illegal.
    
    	People who ride (engine or not) a two-wheeled vehicle without any
    	head protection are not exactly the safety conscious type.
    	But in New Hampshire, they have the right to live free or die.
    
    	How ironic, the state with the most controversial motto of all
    	time, that does NOT require the use of protective head gear, now
    	wants to bag people wearing headphones?
    
    	Note: California has just passed legislation requiring protective
    	head gear: that's 1 million new customers for a mainly japanese
    	market.
2176.2:-)NOVA::FISHERRdb/VMS DinosaurWed Jan 29 1992 10:348
    I read an article on the "protective headgear" requirement in Vermont.
    Basically, because the state had failed to approve or disapprove any
    specific headgear, the Smokies are instructed to not stop anyone
    who is wearing something on his head, bandanas included.
    
    By the way, that's "Live Free or Die"  :-)
    
    ed
2176.3BALMER::MUDGETTOne Lean, Mean Whining MachineWed Jan 29 1992 10:4726
Greetings,

For the life of me I can't imagine why the H* the world is so 
concerned with us wearing earphones when we are bike riding! 

1. Riding a bike is dangerous, and the worst thing is cars that
don't "see" us. 
2. Most non-bike riders don't think we really have any right to
use the roads so they have the right to have opinions about what
we are doing while we are riding?
3. The reason why we can't wear earphones is that it keeps us from
hearing danger or distracts our attention. What if a rider is deaf?
Should that person not be allowed to ride? Also there are zillion 
other things to distract a rider.
4. In the case of helmet use there is a cause/efffect relationship 
with earphones there is none. Its strictly annicdotal (you know the
story-type word?) stuff.  
5. What if we were to use a single earphone? Heck all I ever listen
to is AM radio anyways, will that be legal?

Okay enough whining for today. 

Fred Mudgett

P.S. after several rides where people scolded me for having a walkman
I got a normal bike radio. 
2176.4Hearing is a major sense!MSHRMS::BRIGHTMANPMC '88, '89, '90, '91Wed Jan 29 1992 11:4617
                                             
    While I don't agree with be told what to do, I do think wear/using
    headphones is a stupid thing to do while riding a bike.
    
    I think the action/re-action of those that MIGHT be affected by a
    person not using 1 of their major senses is what could be pushing this
    issue.  
    
    Who would be blamed if a rider with headphones on caused an accident
    because he/she did not hear an impending "situation" that he/she
    would have otherwise noticed?  The argument about deaf persons, in my
    opinion, doesn't hold because these people (and I don't mean to be
    insensitive here) would be use to their "environment."
    
    Tim
    
    (This is only my opinion with no facts or stats to back me.)
2176.5OPINONS... GO FIGURE!WMOIS::GIROUARD_CWed Jan 29 1992 16:115
     I agree with Tim... I wouldn't do it. Stupid may be a strong word,
    definte risk is more appropriate. Opinions, opinions... Anyone out
    there DON'T have one?
    
       Chip
2176.6CSCOAC::HOOD_RWed Jan 29 1992 17:2715
    
    
    My Opinion? By far the most dangerous legal distraction on the road
    is a car phone. I couldn't guess how many morons I've seen driving
    at 45 on the highway (legal, but completely distracted), or how 
    many I've seen set through a light or cut someone off while they 
    were talking on the telephone.   Distractions are
    distractions are distractions... how can you ban one over all the
    others?  My guess is that some lawmaker got cut off by someone with 
    head phones on, or had to yield to a cyclist with head phones, and 
    it really ticked him off. I personally have never ridden with
    headphones. 
    
    doug                                         
    
2176.7What's a good word for it, then?DECWET::SCOTTAre we havin' fun, or what?!?Wed Jan 29 1992 19:1710
Is "dumb" a better word 8^)?  There's a law against riding with headphones in
Washington (with an $80 fine), but not against jogging or walking with them.
Joggers and pedestrians, however, do not normally use the traffic lanes.  Even
so, I thought that this was an unfair restriction until I did some bike commut-
ing during the summer.  I was astonished by how many times a car could sneak
up on me *without* something in my ears.  Riding in traffic, you need to be as
aware of your surroundings as possible.  Note the "as possible"--if you're
profoundly deaf, your lack of hearing isn't something you can improve.

                                                         -- Mike
2176.8ummm, mirrors?SHALOT::ELLISJohn Lee Ellis - assembly requiredWed Jan 29 1992 19:4111
    
    RE: .-1 - Some cyclists can develop an awareness almost amounting
    to a sixth sense about position & speed of vehicles coming from
    behind.  I personally use a mirror.  I know, it's not cool, but
    that's what I do.  (Cycling partners who don't use a mirror are
    amazed at what seems to them like ... a sixth sense.)
    
    This isn't meant to comment on the headphones or the legislation
    issue, but just a hint to help.
    
    -john
2176.9DECWET::SCOTTAre we havin' fun, or what?!?Wed Jan 29 1992 22:3410
I have a mirror, John.  I haven't trained myself to use it very religiously yet.
And it definitely doesn't help when some car slides behind you almost silently
from the right.  This has never become a danger, but I do like to know where
the cars around me are when I'm riding in traffic.

I'm also blind in my right eye, and I've thought about transferring the mirror
to that side.  This would definitely be a help when merging from the left.
I'm still working on it 8^).

                                                  -- Mike
2176.10GRANPA::FMUDGETTJust how bad was it working?Thu Jan 30 1992 02:2129
    Well I seem to have brought out the poet in all of you. Stupid, dumb
    etc is there any you might have missed? How about horse's rear-end
    or butthead? Gee, I would hate to see any of you at a loss for word of
    derision at one of my opinions;-}
    
    I've got a couple an opinion about legislation against cyclists
    for you so brace yourselves I'm going in!
    
       In Maryland there is a attempt at passing a law making it a law
    to wear a helmet while riding a motorcycle. I think anyone who doesn't
    wear a helmet while riding a motorcycle (or bike either) is nuts and 
    we will be paying for that stupidity after the accident with head
    injurys. Tragically listening to the arguements I would similarly hate
    to have the State of Maryland forcing us to do things for the good of
    all. The state helping us be safe by making us criminals? Whats next
    lynching for breaking the 55 mph speed limit. I'm starting to sound
    like Libertarian!
    
    So though I favor helmets, seat belts, safe driving etc. I see a much
    greater threat in handing the government the right to hit us over the 
    head for perceived dangers. My wife is getting a license to do daycare
    and you should see the STUPID things she's expected to do to pass  the
    inspection. How about a future where we have to go to the local
    goverment official and be checked out before we can go for a ride.
    
    
    Ohhhhhh boy I'm rolling now!
    
    Fred Mudgett 
2176.11Yeah and the joggers, too, let's get 'em...NOVA::FISHERRdb/VMS DinosaurThu Jan 30 1992 08:239
    re: "My guess is that some lawmaker got cut off by someone with 
    head phones on, or had to yield to a cyclist with head phones, ...
    
    Actually the attorney we had observing the proceding had a view
    that it was "Hey it looks like they're having fun, let's put a stop to
    it"
    
    ed
    
2176.12LJOHUB::CRITZThu Jan 30 1992 12:0736
    	Ed,
    
    	I've felt the same way too many times. It seems there are people
    	whose only goal in life is to stop people from having fun or to
    	stop people from doing something that is slightly different
    	than the norm.
    
    	Somewhat off the subject, but Phil Donahue had a couple on
    	from Maine the other day. Why were they on? They decided that
    	they could live more cheaply if they bought food in bulk and
    	either made their kids clothes or bought them second-hand.
    	The even did an article for Parade (or some magazine like that).
    
    
    	The reaction to the article and them was amazing. They received
    	letters from people who jumped to the conclusion that they
    	were on welfare. Actually, the husband was a CPO in the Navy with
    	a very good job and salary. They also got reamed for all the money
    	they "made" from the magazine article (they did it for nothing).
    	During the Donahue show, one woman (from NYC) called and talked
    	about how deprived the children	were because they didn't have
    	Nintendo and the like.
    
    	I was absolutely amazed.
    
    	The upshot: here was a family who decided to do things their
    	own way (maybe like we do for transportation) and the public
    	was ragging on them for, in my opinion, not doing things in
    	the "normal" way.
    
    	By the way, the couple seemed to be as easygoing and normal
    	as anyone I'd ever seen.
    
    	So, I agree with Ed.
    
    	Scott
2176.13SHALOT::ELLISJohn Lee Ellis - assembly requiredThu Jan 30 1992 12:345
    
    I saw that show at Christmas! (at the folks')
    What Scott said is amazing but true.
    
    -j
2176.14DECWET::SCOTTAre we havin' fun, or what?!?Fri Jan 31 1992 15:1114
I think that laws against riding a bike with headphones are exactly the same
as the law that compells me to drive my car wearing my glasses.  Headphones are
an unnecessary impairment of a sense that could be helpful in avoiding an acci-
dent.  The government *does* have a right to enact and enforce laws which at-
tempt to increase the safety of people using public roads.  More than a right:
a *responsibility*.

The same argument can be made against people playing the stereo in their car
so loudly that they can't hear traffic, and (at least in WA) there is a law
against that too.  Maybe a case *could* be made against car phones, but I think
that as long as they're hands free, they present no more of a distraction than
having a conversation with someone in the car with you.

                                                     -- Mike
2176.15IMHONOVA::FISHERRdb/VMS DinosaurFri Jan 31 1992 15:486
    Ah, but with glasses there's a question of "how much impairment" before
    you are required to wear glasses, are your eyes only a little bad or
    over the threshhold.  People who use headphones responsibly can still
    hear traffic.
    
    ed
2176.16Ear-ly WarningDECWET::SCOTTMikey-On-The-SpotSat Feb 01 1992 08:15142
    [I knew I'd seen something about this issue somewhere.  From Bicycling
    Vol. 31 No. 4, May 1990, page 88]

    Ear-ly Warning
    What You Don't Hear Can Hurt You
    By Liz Smutko

    Pretend for a moment you're back in junior high, and what follows is an
    algebra word problem.

    A train is traveling at 60 mph, and woman on a bike is approaching the
    tracks 2 miles ahead.  The engineer sees the woman and blasts the
    whistle.  How much time does she have to get out of the way?

    In this case, none.  The woman is wearing stereo headphones and doesn't
    hear the warning--doesn't hear the whistle's 110 decibels, even though
    that's louder than a jet taking off.  She doesn't make it across the
    tracks in time.  After the train hits, her body is dragged 100 yards.

    It happened in Richmond, California, and the woman's name was Ginger
    Hill.  She worked 3 jobs, had 2 kids, and no car.  The headphones made
    her bike commute tolerable, and she saw no danger in wearing them.  A
    friend asked her not to, but Hill insisted she could hear over the
    sound of the music.

    Now consider the case of Bobo.  A professional clown, he embarked on a
    transcontinental ride.  Whenever he saw a group of children he would
    stop and entertain them.  But during the long and lonely miles that lay
    between his performances, he relied on headphones to keep him company. 
    In the last mile of his ride, Bobo was crossing an intersection in San
    Diego when a car struck and killed him.  His headphones were found
    nearby, still blaring music.

    One more example:  In Florida, 2 teenaged girls were out for a ride.  A
    car behind them was out of control, weaving from one side of the 2-lane
    road to the other.  One young woman was killed, the other avoided
    serious injury.  The dead girl had been riding with headphones.  The
    survivor heard the squeal of the speeding car tires and got out of the
    way.

    There are plenty of these stories--frightening tales of tuned-out
    cyclists who were killed or seriously injured while riding with
    headphones.  Nevertheless, many cyclists still use them and, in fact,
    couldn't imagine surviving a long, solo training ride otherwise.

    "Music is a great motivator and an excellent source of distraction,"
    says Andrew Jacobs, Ph.D., a sports psychologists who works with many
    national- and world-class riders.  It also has a measurable physical
    effect in that any loud noise triggers the release of adrenalin, a
    performance-enhancing hormone.  Having adrenalin in the bloodstream
    makes the effort of training seem easier.  Plus, music with a
    persistent, driving beat supplies a rhythm for the body to follow.  This
    can keep you pedaling at a vigorous cadence long after you normally
    would have eased off.

    Some riders claim to use all this to their advantage.  Adrenalin can
    heighten overall awareness, and if your mind is no longer preoccupied
    with the effort of cycling it is theoretically free to concentrate on
    other things such as traffic and road hazards.  But in actuality,
    because hearing is impaired, most riders disassociate themselves
    completely and ride in a personal cocoon.  This is the state of being
    that leads to trouble.

    "While training is easier and more enjoyable with music, it's
    imperative to know the negatives, like not being able to hear traffic,"
    says Jacobs.  "Safety should always be your biggest concern."  What's
    more, it's important to listen to your body during hard efforts. 
    Ignoring a twinge in the knee or a dull ache in the back could have
    dire consequences.

    Tim Quigley, a national-class track rider for Philipsburg, New Jersey,
    listens to music when he trains on the road.  "It makes it easier for
    me to go out and ride for four-and-a-half hours," he says.  Even so, he
    only uses one earpiece so he can hear outside noise, and he never wears
    it in heavy traffic.  Pat MacDonough, a former Olympian and the
    director of the Lehigh County Velodrome in Trexlertown, Pennsylvania,
    says her's noticed fewer riders wearing headphones.  "About five years
    ago, a lot of guys were out there with them," he says.  "But now I
    think more people know it's dangerous."

    It's illegal to cycle with headphones in California, Florida, Georgia,
    New York, Ohio, Pennsylvania, and Washington.  In these states, riding
    with both ears covered, whether on a road or bike path, is a
    misdemeanor.  Not surprisingly, most of the reports of accidents
    involving headphones come from these 7 states.  Enforcing this law
    isn't a priority, though.  Unless the headphones obviously contribute
    to an accident that the police investigate, officers usually don't take
    notice.

    According to Donna Siegfried of the National Safety Council, it's hard
    to find statistics on how many cycling accidents and deaths are caused
    by headphones.  "It's not the same as getting stats about helmet use,"
    she says.  "Helmets are much more obvious and easy to see.  Those
    earphones aren't easy to see at an accident scene."

    The device that created the temptation is Sony's Walkman, which was
    introduced in this country in 1979.  Sony is still the market leader,
    producing more than 40 different personal stereo models.  Two of its
    lines, Sports and Outback, are designed specifically for outdoor
    activities.  They're covered with high-impact plastic and are resistant
    to dirt and moisture.  A clip on the back attaches to your clothes,
    keeping your hands free.  Also, the knobs and controls are oversize,
    making adjustment easier.

    The safety advice in the package recommends that the headset not be
    used while operating a motor vehicle, and to "use extreme caution or
    discontinue use in potentially hazardous situations."  There are no
    specific warnings to athletes training outdoors, such as cyclists and
    runners--a natural target market.

    However, the president of Sony's personal audio product division,
    Marnix van Gemert, points out that his company has never suggested or
    encouraged the use of headphones while cycling in its advertising.  "We
    definitely don't recommend riding a bike with a Walkman on," he says. 
    "It doesn't seem safe."

    It appears the only risk-free place to ride with a personal stereo is
    on a stationary trainer or rollers.  But even then, you have to be
    careful.  A study conducted at the University of Nevada at Reno
    suggests that exercising to loud music coming through headphones can
    impair your hearing.

    It works this way.  Your inner ear is comprised of tiny sensory hair
    cells that vibrate as sound waves reach them.  This stimulates the
    auditory nerve which sends a message to the brain.  This message is what
    you perceive as sound.

    When you're cycling, more blood must be directed to the legs to nourish
    working muscles.  This leaves less for other parts of the body such as
    the ears.  Combine this with the constriction of blood vessels that
    occurs when adrenalin is released, and you have a dangerous situation.

    With improper blood flow, these hair cells can be severely damaged. 
    And without them, there's nothing to stimulate the auditory nerve.  The
    result is partial or total hearing loss that can be permanent.  If you
    use headphones, keep the volume down (never more than half of maximum)
    and don't listen for longer than an hour.

    The temptation to use a personal stereo during a long ride on the same
    old route is always there.  But like the train whistle, the reasons not
    to ride with headphones are loud and clear.  All you have to do is hear
    them.
2176.17DECWET::SCOTTMikey-On-The-SpotSat Feb 01 1992 08:178
    RE: .-1
    
    While I don't use a Walkman while riding, I *always* use one in the gym
    and while commuting by bus.  After re-reading this, I'll have to try to
    be more aware of the potential danger.
    
                                                           -- Mike
    
2176.18LETS BAN WOOL HATSSALEM::GOSSELINTue Feb 04 1992 12:3320
    
    I have at time used a walkman while riding but a no time have I ever
    had it so loud as not to hear an oncoming car....all my rides however
    are done on back roads and lightly traveled roads so the sound of
    anything other than the wind is easy to pick up......and during those
    times where my rides cross through some congested areas I place the
    headset around my neck until i'm out of it....I guess what i'm saying
    is although I agree it's dangerous I think it can me done with
    moderation and a little bit common sense....During the winter I wear a 
    heavy wool hat over my ears while riding and that effects my hearing
    more than the walkman does.....
    
    if the state lets you drive a car over age 70 without yearly testing
    then they better let me use MY judgement on what I can wear over my
    ears....
    
    just my .2
    
    -Dave
         
2176.19Look, listen, still be cautious - and an old rat-hole.ULTRA::BURGESSMad Man across the waterTue Feb 04 1992 16:1129
re             <<< Note 2176.16 by DECWET::SCOTT "Mikey-On-The-Spot" >>>
>                              -< Ear-ly Warning >-


>    A train is traveling at 60 mph, and woman on a bike is approaching the
>    tracks 2 miles ahead.  The engineer sees the woman and blasts the
>    whistle.  How much time does she have to get out of the way?

	Duhhh, lets see now  . . .  two minutes ?, maybe a bit less.
But two minutes is a whole heckuva lot of time, 100 heart-beats - more
than that for some folks.  If she's riding at 10MPH she'll be nearly
1/3 mile away when the train gets to where she had been.  Or does the
puzzle assume she is 1/3 mile away from the tracks and heading toward
them ?  As for the engineer, I wouldn't trust him if he told me he
could see a woman on a bike at a 2 mile distance and calculate that
the chance of a collision was high enough for some whistle blowing. 

	I have already related my attempts to wear a helmet while 
cycling.  I experienced a couple of occurances of finding a car's
front right fender almost under my left thigh  - -  these were total
surprise situations and it is my belief that the helmet was impairing
my ability to hear tire (and other general car) noise from behind me.  
I was totally spooked by these experiences.  My helmet experiment
lasted about 6 months, I never had a recurrence of "sudden cars" after 
I abandoned the helmet.

	R


2176.20I LOOK both ways at RR crossings...CSCOAC::HOOD_RWed Feb 05 1992 19:189
    
    
    A pedestrian in Atlanta was hit and killed by a train over 
    the weekend. The pedestrian was wearing headphones (This is 
    a true story... no smiley faces). Shall we ban headphones on 
    pedestrians?
    
    doug
    
2176.21WUMBCK::FOXWed Feb 05 1992 19:326
    He might have been wearing sunglasses that obstructed his peripheral
    vision - should be ban those? Or maybe the music was at fault -
    should (whatever type of music he had) be banned?
    This is all so ridiculous.
    
    Joh
2176.22quiet electric motorsSEIC::LAWRENCETue Feb 25 1992 19:374
    
    	when extremely quiet electric cars are more commonplace in the
    
    	near future, will they be required to broadcast gas engine noise?
2176.23PAKORA::GGOODMANNumber 1 in a field of 1Wed Feb 26 1992 05:1212
    
    
    Re.22
    
    	I read a review of BMWs new electric car, the E1. The reporter
    admitted that he had to start tapping his horn just as he was about to
    pass cyclists, to warn them that the car was coming. This came after
    frightening the life out of several cyclists as the car suddenly passed
    them.
    
    Graham.