124th Morrison Congress

2nd Session

H.R. 124-037
Title of the Bill:

To Extend the Vulnerable User Law to All States

Main Author(s):

Rep. Jocelyn Tsai (R-OH)

Co-Sponsor(s):
BE IT ENACTED BY THE MORRISON CONGRESS
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SECTION 1: Findings
Congress makes the following findings:
1) Two other drivers who killed cyclists in Waukesha County in 2010 also
got traffic tickets and were not charged criminally. (i)
2) 9 states have Vulnerable User Laws Connecticut, Delaware,
Florida, Hawaii, Maine, Oregon, Utah, Vermont, and Washington. (ii)
3) Distracted driving kills around 10 people a day, every day, and
lawmakers in both states arent taking this lack of penalties seriously. (iii)
4) So what does the Vulnerable User Law mean for bicyclists,
pedestrians and drivers? Simply said, it recognizes that consciously
committing a serious traffic offense that causes a fatality or permanent
impairment to another is a serious matter. (vii)
5) "BikeMN does not want to send more people to jail. We want to make
the roads safer for vulnerable users and increase awareness of the fact that
there can be very serious consequences to not paying attention and violating
traffic laws" said Dorian Grilley, BikeMN's executive director. "We will work
with the Department of Public Safety and our other partners to make sure this
law change is understood by all road users." (vii)
SECTION 2: Purpose
The purpose of this bill is to extend the Vulnerable User Law implemented in select
states to all 50 states of the United States of America.
SECTION 3: General Provisions
The purpose of this bill is to extend the Vulnerable User Law implemented in
Connecticut, Delaware, Florida, Hawaii, Maine, Oregon, Utah, Vermont, and
Washington to all fifty states of the United States of America.
The Vulnerable User Law provides that a person who operates a motor vehicle in a
careless or distracted manner or [commits an existing violation under state law]
and causes serious physical injury or death to a vulnerable road user shall be
guilty of infliction of serious physical injury or death to a vulnerable road user and
subject to a fine of up to $2000 USD.
A person who has committed this offense shall be required to either
a. Have his/her driving license revoked for one month; and/or
b. Attend motor vehicle accident prevention courses; and/or
c. Pay a fine of up to $2000 USD; and/or
d. Serve up to no more than 100 hours of community service; and/or
e. serve a period of incarceration which may not exceed thirty days.
SECTION 4: Definitions
Careless Driving: driving a vehicle or street car on a highway without due care and
attention or without reasonable consideration for other persons using the

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highway.
Careless driving is determined by the police officer.
That officer must determine that the driver was not exercising the level of care
and awareness of his or her surroundings that is required for safe driving. This
can apply in many situations, whether or not an accident occurs. Police can hand
out a careless driving violation when they witness a driver performing an action
on the road that shows carelessness and could potentially cause an accident,
even if it did not.
Vulnerable Road User: a pedestrian, including those persons actually engaged in
work upon a highway, or in work upon utility facilities along a highway, or
engaged in the provision of emergency services within the right-of-way; or a
person riding or leading an animal; or a person lawfully operating or riding on a
public right-of-way, crosswalk, or shoulder of the highway.
Motor Vehicle: A motor vehicle is a self-propelled road vehicle and off-road vehicle ,
commonly wheeled, that does not operate on rails.

Works Cited:
I.
http://archive.jsonline.com/news/wisconsin/bicycling-advocates-renew-pushfor-vulnerable-user-law-b99593595z1-331894721.html
II.
http://bikeleague.org/content/model-vulnerable-road-user-law
III.
http://velonews.competitor.com/2016/06/news/road/legally-speakingvulnerable-road-user-laws_409486
IV.
https://www.insurancehotline.com/careless-driving-what-isit-how-it-affectsyour-record/
V.
http://bikeleague.org/content/model-vulnerable-road-user-law
VI.
http://www.stc-law.com/pdf/Oregon%20Vulnerable%20User%20Law.pdf
VII.
http://www.bikemn.org/about/news-releases/178-new-mn-law-protectsvulnerable-users