Archive for the ‘Law’ Category

Highland Park Police, bicycles, and state law

Friday, June 26th, 2009

Highland Park, MichiganYesterday, the below letter was sent to the Highland Park Chief of Police, Theodore G. Cadwell II:

Dear Chief Cadwell,

I am writing to express concern that some of the Highland Park police officers may not be familiar with state law and bicycling.

Last night I was riding home from the Detroit Fireworks along Woodward Avenue through Highland Park.

At 11:11pm, I passed a Highland Park squad car at a traffic stop on northbound Woodward near Church. The police officer yelled “Sidewalk” to me. Apparently he expected me to ride on the sidewalk rather than the road. However, under state law, I have the same access to the road as any motorist (though I must stay to the right.)

According to MCL 257.657:

Each person riding a bicycle, electric personal assistive mobility device, or moped or operating a low-speed vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.

I would also note that bicycling on a sidewalk is far more dangerous than bicycling on a road. There have been numerous studies which have come to that conclusion.

Also, last month the Secretary of Transportation posted the article, Bicycling is only healthy when you ride safely. In the article he said, “Motorists should recognize that bicyclists have a right to ride on the roadway” and “bicyclists should ride on the roadway, rather than on sidewalks.”

I will drop off some booklets called “What Every Bicyclists Must Know” at the police station. They were printed in partnership with MDOT and help explain bicycle laws in the state of Michigan.

Bike bills going before House Committee

Thursday, June 11th, 2009

The Michigan House Transportation Committee is taking up three bills at 10:30 AM this morning which directly impact bicycling in Michigan.

Below are the bills and their legislative summaries.

What can you do? Contact your state representative and voice your support.

Michigan Trails and Greenways Alliance and the League of Michigan Bicyclists will be at the committee meeting to provide testimony.

We’ll also note that both Representative Knollenberg and Representative Leland are cyclists. Even though they represent different parties, they’re both members of the bicycling party.

Penalties for injuring vulnerable road users

  • HB 4958 – Representative Knollenberg
  • HB 4959 – Representative Leland

House Bills 4958 and 4959 would impose criminal penalties on those who commit a moving violation while operating a motor vehicle and as a result cause injury or death to a “vulnerable roadway user” on a highway.

The term “vulnerable roadway user” refers to a pedestrian or a person on a “nonmotorized transportation device,” such as a bicycle, skateboard, roller skates, or inline skates. The penalties would apply when the vulnerable roadway user was complying with traffic laws.

Causing injury would be a misdemeanor punishable by imprisonment for not more than one year and/or a fine of up to $1,000.

Causing death would be a felony punishable by imprisonment for not more than 15 years and/or a fine of up to $7,500.

Driver Education: Bicycle Awareness

  • HB 4960 – Representative Leland

The bill would require that driver education classroom instruction include information about laws related to bicycles and emphasize the awareness of bicycles on streets, roads, and highways. The bill would amend the Driver Education Provider and Instructor Act (MCL 256.657).

The section being amended applies to “segment 1” teen driver training. This is the initial driver education program for individuals 17 years of age and younger. Driver training is not required for individuals 18 and over to obtain a driver’s license (although it is available).

Hearing for New Detroit Bicycle Registration

Thursday, May 7th, 2009

img_0488

Detroit City Council’s Public Health and Safety Committee is holding a public hearing on Monday, May 11th at 10:30 AM on a new bicycle registration ordinance.

This new ordinance is voluntary and replaces the mandatory registration ordinance removed last summer.

PUBLIC HEARING – RE: Proposed ordinance to amend Chapter 55, Article IX, of the 1984 Detroit City Code, Motorcycles, Motor-Driven Cycles and Bicycles, by adding Division 3, Voluntary Bicycle Registration, which shall contain Sections 55-9-41 through 55-9-49 (Law and Police Departments)

Whether or not you have opportunity to register your bike, it really is important that you at least document the serial number. This number is typically stamped into your bike frame often times near the cranks. With the serial number and 99 cents, you can take advantage of the National Bike Registry in the event yours is stolen.

Rolling Stops for Bicycles

Monday, May 4th, 2009

In a previous post about the benefits in adopting a rolling stop law in Michigan, we said rolling stops are already a “common existing practice”. We added that having a rolling stop law would make bicyclists more law abiding by making the law more appropriate for biking.

We called it a common practice based on what we see.

However, the city of Portland recently did a field study which found 93% of cyclists already do rolling stops. It’s reasonable to expect a similar compliance rate among Michigan cyclists. Therefore, as we noted earlier, a rolling stop law would only legalize what most cyclists do already.

The Portland field study also found that 78% of motor vehicles rolled their stops. Should they adopt the same law? No.

The difference is motor vehicles rolling stops and running stops is a major source of road injuries and fatalities in the U.S. Pedestrians and cyclists are especially vulnerable.

Bicyclists do not pose this same threat to other users.

In addition, a fit cyclist can generate one-third of a horsepower. Stopping and starting places a much higher burden on cyclists than it does on motor vehicles.

Rolling Stops for Bicycles

Thursday, April 30th, 2009

Bicyclists in Idaho have enjoyed a law that other states are now trying to adopt.

In Idaho, bicyclists can legally treat stop signs as yields under many conditions when it won’t adversely affect others, including pedestrians.

The benefit for bicyclists is threefold:

  • It conserves momentum, making bicycling easier
  • It conserves time, making bicycling quicker and more convenient
  • It adopts the common existing practice, making bicyclists more law abiding

Bicycle advocates in Oregon recently tried to get the same law in their state. Spencer Boomhower made a great animation that explains the proposed law.

Bicycles, Rolling Stops, and the Idaho Stop from Spencer Boomhower on Vimeo.

Unfortunately the effort was for naught. The bill died in the Oregon House.

Could we get this law in Michigan?

It would be an extremely valuable law change for those living in older communities that improperly use stop signs as neighborhood traffic calming. It would be equally valuable in Detroit where traffic levels have dropped dramatically since the 1950s yet the old traffic control devices remain in place.

Unfortunately there are obstacles.

stop_sign_with_bicycle_yield

Sign photo from BikeJax

In speaking with the League of Michgian Bicyclist staff, they don’t see this as a priority.

And, since this Idaho law is not in the Uniform Vehicle Code (upon which most states based their road laws), it would take considerable effort to get this passed in Lansing much less supported by the Michigan State Police.

One alternative idea is to post some signs along popular or designated bike routes with modified stop signs. This modification could indicate bicyclists would only need to yield whereas others must stop. It’s unclear how easy this alternative signage would be to implement. Regulatory signage has to be in the Michigan Manual on Traffic Control Devices before it can be installed on a road. The bike yield sign shown on the right is not in our Manual.

Piloting this short term signage solution may provide enough data to justify changing the law.

So there are no easy answers, but they’re rarely are. We need to continue to push for changes that making bicycling an easier, safer, and more convenient mode choice in Michigan.