Archive for the ‘Law’ Category

Bad local biking ordinances become enforceable in 2018

Thursday, November 23rd, 2017

Oops!

The state legislature recently enacted bills that raise speed limits in Michigan and decrease penalties for doing so. That wasn’t smart but that’s not all.

Many Michigan cities have bad local bicycling laws. We’ve documented them both here and here, though some may have been removed since these articles were written. Now fortunately nearly none of these are enforceable since current state law (MCL 257.606┬áSection 4) requires local authorities to post these local bicycle ordinances on signs.

That requirement goes away on January 5th, 2018.

Why? Because the that speeding bill we mentioned earlier incorrectly amended 257.606. It removed items from Section (1) and failed to update Section (4) which referenced those items. It appears to only affect the enforcement of local bicycle ordinances (posted signs are no longer required) and truck routes (posted signs are now required.)

The Detroit Greenways Coalition worked with Detroit City Council to remove its outdated local ordinances. Other cities have not. We expect the Coalition will help get this state law corrected. It would also be a good opportunity to remove local authorities from requiring bicycle registrations and licenses — and fees.

Not that you will, but you can potentially get tickets for the following bicycle violations starting January 5th: (more…)

Detroit Patrolman Charles Stewart’s “Horrible Death”

Sunday, November 2nd, 2014

detroit-police-at-elmwood-station-1895The Detroit Police Department (originally called the Metropolitan Police) were among the first to put officers on bicycles.

In 1893, Officer Charles J. Stewart was appointed to the department and began his assignment on the Elmwood Precinct bicycle patrol. The Elmwood station was on Elmwood Avenue between Lafayette and E. Fort Street. The station and those segments of Elmwood and Fort no longer exist, but it would have been a block east and just south of the current Lafayette/McDougall intersection where the MLK High School is now

The Detroit News has an 1895 photo of Officers Joe Whitty (left) and Stewart taken at the Elmwood Station. Both are wearing their bicycle police uniforms, which included knickers to prevent their pant legs from getting caught in their front sprocket. Their bikes were fixed gears with dropped bars and designed to go fast. It doesn’t appear they had brakes.

There were very few automobiles on the roads, but Whitty and Stewart had to be able to catch the fast cyclists of the day who might be scorching (i.e. speeding) on Detroit’s streets. The speed limit was 8 MPH in the downtown area and 12 MPH outside of it. (more…)

Detroit bicycling in 1898: No other city compares

Monday, March 4th, 2013

1898 Detroit Official GuideWe recently purchased the Detroit Official Guide from 1898.

The city was growing then and it appears this guide was intended for newcomers. Most of the pages list “reliable merchants”, including sixteen bike shops around the downtown area, nine of them on Woodward Avenue.

Beyond the retailersr, bicycling has a prominent place in the guide. The appendix lists city officials first then bicycling information.

And it speaks very highly of Detroit’s cycling opportunities. Detroit and Brooklyn were America’s best cycling cities in 1898? We’d like to think so, but it could just be visitor’s guide boosterism.

From the Guide:

With perhaps the exception of Brooklyn, noted for its cycle paths, no other city in the country can compare with Detroit in the facilities which it offers for pleasant bicycle runs. The suburban runs are especially fine. Elsewhere mention has been made of the streets and avenues of the city, and they need only be referred to here in passing. Miles of excellent macadam extend in all directions leading to scenes of beauty and interest. The course around Belle Isle is famous but that is only one. In reaching the Island you ride past some of the finest homes in the country beneath a canopy of foliage of trees planted more that a century ago, on a perfect asphalt pavement. To write of the attractions of the various cycle paths would be to write a long story. Suffice it to merely point them out:

Going out Fort St. West, rides may visit Ecorse, 9 miles; Wyandotte, 12 miles, Trenton, 17 miles; Flat Rock, 25 miles.

Michigan Ave. — Dearborn, 10 miles; Inkster, 15 miles; Wayne, 18 miles; Canton, 23 miles; Denton’s, 26 miles; Ypsilanti, 30 miles; Ann Arbor, 38 miles.

Jefferson Ave. — Grosse Pointe, 10 miles; McSweeney’s Club, 24 miles.

Woodward Ave. — Highland Park, 5 miles; Whitewood, 7 miles; Royal Oak, 12 miles; Birmingham, 18 miles; Bloomfield Center, 21 miles; Pontiac, 28 miles; Drayton Plains, 31 miles; Waterford, 33 miles; Clarkston, 35 miles; Orchard Lake, 32 miles. The road out Woodward Avenue is always good.

Grand River Ave. — Greenfield, 8 miles; Farmington, 10 miles.

And the bicycling ordinances? There weren’t many. Remember there were no stop signs, traffic lights, one way streets, or expressways. To the 1898 cyclist, the condition of the road surface was the most important information needed for a productive ride.

Of course the ordinances were important as well — and they were quite simple. We especially like the ordinance permitting businesses to have bicycle racks.

From the Official Guide:

(more…)

Another helmet law to bite the dust?

Monday, January 14th, 2013

Kensington Metropark

We wrote about this in 2009: Milford Township has an ordinance requiring bicyclists to wear a helmet on the paved trails at the Kensingon Metropark.

And to be more specific, bicyclists must only wear a helmet when the paved trail is 10 feet wide.

Biking on the roads at Kensington or unpaved trails? No bicycle helmet is required.

This ordinance came about in 1996 after an inline skater had a fatal crash going down a long downhill section of trail. That segment of trail was changed and made less steep to reduce speeds, but the ordinance remained.

It may not remain for much longer according to this Observer & Eccentric article.

Huron-Clinton Metroparks has asked the township to drop the regulation, in effect since 1997, because of “inconsistencies” between the Kensington trail and adjoining trails that don’t have the rule — as well as enforcement issues, said Denise Semion, metroparks chief of communications.

“When the trail was built, it wasn’t connected to all the other trails (like it is today). It was a different time back then. Now we got people enjoying a bike ride, not required to have a helmet anywhere else, and they ride into Kensington and suddenly they have to have a helmet. It’s inconsistent for cyclists, it’s difficult to enforce. And we haven’t really been enforcing it that much (anyway),” she said, likening it to having a seat belt law in some communities, but not others.

One other issue with this ordinance is people in wheelchairs have to wear bicycle helmets.

Motorists and Actor-observer bias

Tuesday, December 11th, 2012

Certainly you’ve read the public comments whenever the media write about making this area a better place to bike.

It’s quite common to read stereotypes of cyclist as law breakers — and that’s an excuse for cyclists not to have safe facilities.

You may also read cycling organizations stress that bicyclists should follow the rules of the road, to be ambassadors, to not play into this stereotype.

Both responses are malarkey with perhaps the latter being more disappointing since it’s coming from the same team.

Does AAA tell motorists to be ambassadors while driving to reduce scorn from non-motorists and to ensure safe facilities get built? Of course not.

The hypocrisy of motorists stereotyping cyclists as law breakers is clear. Which road user is causing the majority of road fatalities, personal injuries, and crashes? Aggressive driving, distracting driving, drunk driving — notice the common word?

Police believe it is optimal setting speed limits at the point where only 15% of motorists are speeding. Top safety experts have admitted to us that speed limits are fairly worthless because drivers ignore them.

Furthermore, since 2004 no cyclist has caused a crash in Michigan resulting in the serious injury of death of a motorist or pedestrian. We checked.

So why the cycling hate?

The best explanation we’ve found is Actor-observer bias. According to Wikipedia:

People are more likely to see their own behavior as affected by the situation they are in, or the sequence of occurrences that have happened to them throughout their day. But, they see other people’s actions as solely a product of their overall personality, and they do not afford them the chance to explain their behavior as exclusively a result of a situational effect.

In other words, a motorist can justify their speeding because the speed limit is too low, or 5 MPH over is socially acceptable, or because they’re in a hurry.

However, when a cyclist on rolls through a stop sign, it’s because they are lawbreakers. This latter judgement is also called a Fundamental attribution error.

A two-fold solution

First, bicycle advocacy organizations need to make the rules of the road work for bicyclists. Contrary to what you may read, the League of American Wheelmen nor any other bicycle advocacy organization were at the table when the automotive industry crafted the basis for today’s rules of the road during the 1920s. We need these rule templates changed at the national level. The Idaho stop law should be the U.S. bicycle stop law.

We don’t want the same laws for bicycling. We want better laws.

Second, we need to get more people on bicycles. Doing that should give more motorists a better understanding and perhaps empathy for cyclists. We need more motorists understanding why treating stop signs as yields or jumping red lights can be safer for us. Not every motorist will become a bicyclist, but their family members and co-workers could.

It’ll never be a complete harmonious relationship between motorists and cyclists, but the first step is to recognize the social psychology driving motorists’ perception and make real improvements for a safer future.