Archive for the ‘Law’ Category

Breaking the law at Kensington Metropark

Sunday, April 19th, 2009

This has to be among the most bizarre bike ordinances.

Milford Township regulates activities at Kensington Metropark through their ordinances. Besides requiring bicycle helmets only on the paved bike path, they have an ordinance that regulates the possession of bicycles within the park.

You basically cannot possess a bicycle within the park unless you’re riding it on the road or bike path.

The ordinance prohibits people from driving to the park with bicycles on their car. It’s not clear if you’re violating the ordinance when you stop riding your bicycle.

But as poorly written as this ordinance is, it probably isn’t legal under state law. Townships can only regulate the “licensing and use of bicycles” not their transport.

Sec. 20-147. Off-the-road vehicles and motor-driven cycles.
No person shall operate or have in his possession, within the boundaries of the Kensington Metropolitan Park, any bicycle or off-the-road motor-driven vehicle, including by way of example but not by way of limitation, any minibike, moped, motorcycle, dunemobile, snowmobile, converted snowmobile, all-terrain vehicle, amphibious vehicle or similar motorized device; provided that bicycles, motorcycles and other motor-driven vehicles lawful for operation under the Uniform Traffic Code may be used to provide transportation to the park if promptly parked in a designed parking lot upon arrival or if operated on the surfaced area of a roadway excluding any roadway posted for use of authorized vehicles only; and provided, further, that bicycles may be used on designated bicycle paths.
(Code 1992, 12-139; Ord. No. 107, 9, 5-9-1972; Ord. No. 107-A1, 10, 5-21-1986)

Evaluating the Health Benefit of Bicycle Helmet Laws

Sunday, April 19th, 2009


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We reported earlier the need for additional study of Australia’s mandatory bicycle helmet law. That’s been done.

An interesting study was released last month which models the health benefits of Australia’s mandatory bicycle helmet law.

The bottom line: Australia’s mandatory bicycle helmet law has adversely affected overall health.

A model is developed which permits the quantitative evaluation of the benefit of bicycle helmet laws. The efficacy of the law is evaluated in terms of the percentage drop in bicycling, the percentage increase in the cost of an accident when not wearing a helmet, and a quantity here called the “bicycling beta.” The approach balances the health benefits of increased safety against the health costs due to decreased cycling.

Using estimates suggested in the literature of the health benefits of cycling, accident rates and reductions in cycling, suggest helmets laws are counterproductive in terms of net health. The model serves to focus the bicycle helmet law debate on overall health as function of key parameters: cycle use, accident rates, helmet protection rates, exercise and environmental benefits.

This study also estimated the health impact of a mandatory U.S. helmet law would cost approximately $5 billion per year.

The idea of a Michigan state law requiring bicycle helmets came up during a 2004 Senate hearing while we were updating Michigan’s bicycle laws. I noted that helmets use should be voluntary. The kid that rides his bike with or without a helmet is far healthier than the kid that doesn’t ride a bike at all. We shouldn’t throw up barriers to having more kids riding bicycles.

Fortunately Michigan does not have a mandatory bicycle helmet law, but some Michigan communities do:

  • Adrian (under 15)
  • E. Grand Rapids (under 18)
  • Farmington Hills (under 16)
  • Kensington Metropark (all ages)

Among these, the Kensington helmet requirement is quirky.

The Metroparks don’t require helmets. Milford Township has an ordinance that applies to bicyclists only at Kensington while riding on the paved trail where it’s 10 feet wide. And the helmet must meet the ANSI standard, eventhough there was no ANSI helmet standard from 1998 through 2003.

It appears you do not need to wear a helmet while bicycling on the roads or any unpaved designated bike trails at Kensington.

Joint House-Senate Hearing on State Parks Funding

Wednesday, April 1st, 2009

Michigan's State Capitol Building in LansingThis morning I expect to speak before a joint House and Senate committee hearing for a series of bills that improve funding for our Michigan state parks.

The above link provides information on how you can voice your support for this new funding proposal.

Here is my testimony —

Good Morning. My name is Todd Scott. I am a member of the Citizen’s Committee for Michigan State Parks and the Detroit Greenways Coordinator for the Michigan Trails and Greenways Alliance.

My job is to advocate for and support a citywide trail network that provides great recreational opportunities for all Metro Detroiters as well as tourists.

We envision a trail network that allows folks to bike or walk to great destinations like Tri-Centennial State Park on the Detroit River.

However, the current state park funding model based on user fees doesn’t support parks like Tri-Centennial. All of its visitors will enter the park on foot, bike, or by boat – not by car. These visitors won’t need to buy motor vehicle passes nor will the park generate funds through camping fees.

And as we continue building trails that connect Michigan communities to our state parks, fewer motor vehicle passes will be sold and DNR park revenue will continue to suffer.

The proposed change in the state park funding addresses this issue.

It will allow great parks like Tri-Centennial to flourish.

I hope you consider supporting the bills brought before the committees this morning.

Thank you.

National Bike Summit “Asks”

Tuesday, March 31st, 2009

img_2187Liz from Continental Bikes asked the question “What legislation did you discuss with the representatives?”

In looking over the previous entries, it seems we never really answered that question. So here’s the list.

Complete Streets

Actually this is one topic we did cover fairly well.

Active Transportation 2010

In the current federal transportation bill, four U.S. cities received $25 million each to get more people chosing biking and walking over driving.?

The hope is to expand that pilot program to 50 cities in the next transportation bill due later this year. Three Michigan cities have applied for this program: Ann Arbor, Grand Rapids, and Detroit. We encouraged our legislators to include these Michigan cities in the future transportation bill.

Detroit’s Active Transportation proposal was briefly discussed earlier.

Transportation Enhancements

The current transportation bill (and recent stimulus package) funds Transportation Enhancements which is largely responsible for funding biking facilities and trails. We want to see this program continued and increased the next transportation budget.

This was an easy program to talk about since there many great examples of how this funding has been used within each congressional district.

Recreational Trail Program

This program captures a portion of the fuel tax used by off-road vehicles (e.g. snowmobiles) and directs to state trails, including non-motorized trails. We advocated for increased funding for this program.

Multi-Modal Commuter Credit

This legislation fixes the hastily passed bike commuter bill, which is another topic we previously discussed briefly.

Clean TEA

This legislation would take some of the funds generated through a cap-and-trade greenhouse gas program to pay for alternative transportation infrastructure, including biking and walking. Whether or not the greenhouse gas legislation makes it to the President’s desk remains to be seen, but if it does, we want to make sure it helps promote more non-polluting transportation choices.

There’s additional information on Clean TEA?at StreetsBlog.

Wrapping up the National Bike Summit

Monday, March 16th, 2009
Mike Reuter, Todd Scott, Cullen Watkins

Mike Reuter, Todd Scott, Cullen Watkins

Here’s additional information from the National Bike Summit.

Bicycle Respect and Recognition

We reported earlier that Congressman Oberstar said, We need to make bicyclists a standard transportation mode by law.

BikePortland.org published more information on Oberstar’s initiative last week:

Today at the National Bike Summit in Washington D.C., Oberstar will meet with the country’s top bike lawyers to discuss the potential of a new legislative initiative to draft the country’s first piece of legal policy that would directly relate to the respect and recognition of bicycles as users of our roadways.

Portland bike lawyer Ray Thomas… describes the initiative as a way to create a federal law to ensure equitable treatment of people on bicycles who are involved in crashes. Too often, he says, drivers do not receive serious charges in collision cases. The way the system is set up now, police officers and prosecutors (for a variety of reasons) will often not even attempt to press serious charges against motorists.

Oberstar wants to fix the system so there’s a better chance that justice will be done.

A Plan for Circuit City Stores

One of the most interesting ideas I heard at the Summit was at an IMBA advocacy session. Sitting next to IMBA trail guru Rich Edwards, I began discussing potential indoor mountain bike facilities in Detroit.

Rich mentioned another more suburban opportunity.

567 Circuit City stores have closed around the U.S. These stores are large, well-lit, have concrete floors, heat, water, and very few uses — especially in this market.

One alternative idea is to make them into indoor dirt parks.

John Burke (right) holds a Detroit Gets Green pin

John Burke (right) holds a Detroit Gets Green pin

Trek Ride in Detroit

I attended the Summit with Mike Reuter and Cullen Watkins from American Cycle and Fitness. They invited me to a Trek dealer event at the Summit hosted by President John Burke.

After giving John a brief overview of what we’re achieving in Detroit, he offered to come to town this spring for an urban tour.

Detroit is 140 square miles with zero bike shops stocking new bikes on their floor.

Cyclists are Important Users

Ray LaHood, the Department of Transportation Secretary has a blog where he recently left comments on attending the National Bike Summit.

On Wednesday, I had the pleasure of addressing the National Bike Summit. I was invited to speak as a member of the Obama administration, but I have been a supporter of bicycling for many years and was a member of the Congressional Bike Caucus when I was in Congress.

Still, I don’t think the League of American Bicyclists knew what to expect when they invited me to their summit.

I hope they were pleasantly surprised because I am committed to investing in programs that encourage bikes to coexist with other modes and to safely share our roads and bridges. And there’s strong support in Congress for these goals as well.

Secretary LaHood also noted his excitement for the Active Transportation pilot program. The city of Detroit has submitted a proposal for participating in this program under the next federal transportation bill.