With new bike lanes being added in the city of Detroit this year (and many more planned for next year), the question has come up: What are the state laws and local ordinances pertaining to them?

The answer in Detroit is there are none. It’s an issue that needs to be addressed.

Unfortunately that’s probably true in many cities, villages, and townships (CVTs) across Michigan that are “maintaining” their own traffic law language. We quoted “maintaining” because most CVTs aren’t. While state laws and national model traffic laws for bicycles have been updated, in many, if not most cases local ordinances have not.

Ideally, all CVTs, including Detroit would eliminate their local traffic laws and simply reference the Motor Vehicle Code (state law) and the Uniform Traffic Code (which is a maintained by the Michigan State Police.) By doing this, everyone would be working off the same set of traffic laws and it would be easier this one copy up to date.

But getting back to bike lanes, what does the Uniform Traffic Code say about them?

PART 4. TRAFFIC-CONTROL DEVICES

R 28.1320 Rule 320. Bicycle paths or bicycle lanes; establishment; traffic-control devices.

(1) When the traffic engineer, after a traffic survey and engineering study, determines there is a need, he or she may establish a part of a street or highway under his or her jurisdiction as a bicycle path or lane.

(2) The bicycle path or lane shall be identified by official traffic-control devices that conform to the Michigan manual of uniform traffic-control devices.

R 28.1322 Rule 322. Bicycle lanes; vehicles prohibited; parking permitted under certain conditions; violation as misdemeanor.

(1) A person shall not operate a vehicle on or across a bicycle lane, except to enter or leave adjacent property.

(2) A person shall not park a vehicle on a bicycle lane, except where parking is permitted by official signs.

(3) A person who violates this rule is guilty of a misdemeanor.

One item we don’t like in the above language is the requirement that a traffic engineer determine “a need” for bicycle lane. We would like to see the survey, study and need requirement stricken. It’s an unnecessary cost burden and “need” can be quite vague.

It’s one thing to do a traffic study and determine the need for vehicle travel lanes in order to accommodate traffic flow. One can measure traffic and plug those numbers into a computer model.

It’s quite another to do a traffic study which  determines how unsafe a road is for bicyclists — both perceived and real — without a dedicated bike lane.

We are not providing legal advice. This is our interpretation of Michigan state law. UPDATED August 8, 2017

We’ve previously provided many situations where the rules of the road should be ignored due to their impracticality or unreasonableness. The bottom line is a cyclist’s safety is more important than strictly following the letter of the law.

Here’s another justification for those who ride on the shoulder.

Let’s start with these key definitions under Michigan’s state law.

1. Bicycles are not vehicles since they are “exclusively moved by human power.”
2. “Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.”
3. “Shoulder means that portion of the highway contiguous to the roadway generally extending the contour of the roadway, not designed for vehicular travel”

So, this means shoulders are not part of the roadway. This was reaffirmed in Grimes vs. MDOT (2006).

A shoulder may be capable of supporting some form of vehicular traffic, but it is not a travel lane and it is not “designed for vehicular travel.”

State law does not define “bike lanes”, however since bicycles are not vehicles, bike lanes are not designed for vehicular travel. Therefore bike lanes are not part of the roadway. Neither are parking lanes for that matter.

Riding on shoulders

State law does prohibit vehicles passing other vehicles while on the shoulder.

The driver of a vehicle shall not overtake and pass another vehicle upon the right by driving off the pavement or main-traveled portion of the roadway.

State law also states that bicyclists upon the roadway  have “all of the rights and is subject to all of the duties applicable to the driver of a vehicle.” When you ride on the road shoulder, you’re not on the roadway and are not required to follow the same laws as vehicle operators.

So go ahead and pass on the shoulder.

Do bicyclists have to ride on the shoulders?

Actually, they don’t. The law says:

A person operating a bicycle upon a highway or street at less than the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway.

The shoulder is not part of the roadway. Bicyclists are not required to ride in bike lanes or parking lanes either.

Detroit cyclist Horatio “Good Roads” Earle ran for Michigan Senate in November of 1900. With his win, he went to Lansing and created the Michigan Department of Transportation (MDOT).

By the way, the Good Roads of Earle’s time are the Complete Streets of today. In 1900, there were very few motorized vehicles on the road, no stop signs, no traffic signals, no crosswalks. Everyday was a Ciclovia. If a road were paved, it was a Complete Street.

This is an excerpt from The Autobiography of “By Gum” Earle:

My fourth effort was in 1900 as a candidate for state senator from the Third District in Michigan, and I won, which gave me a chance to officially promote the good roads cause in which I was so interested. Every paper in Detroit opposed my nomination, and when they lost out, they said the doughnut won, but I went to Lansing, and by gum, Michigan has shown the world how to build good roads.

A good deal of my success in the campaign was due to the efforts in my behalf made by the “Detroit Wheelmen.” One of the most effective pieces of campaign literature was the one which follows, recalling the laws and privileges secured for the bicyclists, who were at that time in the hey-day of their strength and influence.

PONDER A MINUTE

Baggage law for you,
Dry strip for you,
Bicycle shelter for you,
Bicycle ordinance for you,
Hotel discount for you,
Path protection law for you,
Toll knocked out for you,
Equal rights with horse for you,
No tags on wheels for you,
No lamps on wheels for you,
No bells on wheels for you.

Chief Consul Horatio S. Earle has been one who has worked without a cent of pay for these things. Will you get out and vote, and get others to vote for him for state senator, Third District, next Tuesday? Give your answer at the ballot box.

League of American Wheelmen Committee

This list echoes the one made my Edward Hines when he solicited bicyclists to join the Michigan Division of the L.A.W. Hine’s list provides more details on each item.

Yes, nearly 110 years later we are fighting the same battles. We fought mandatory bicycle registration (“tags on wheels”) and are working on getting roll-on bicycle service with AMTRAK  and the M1 Rail (“baggage law”).

And of course we’re still fighting for Good Roads.

We submitted comments on gubernatorial candidate Rick Synder’s web site regarding his comments on the US23 pedestrian bridge.

We noted that the true inefficiencies in Michigan transportation lie in the structure. There are 50-some communities in Oakland County alone that receive road funding. There is significant room for consolidation.

We also noted that there are 81 county road commissions which are separate from county government, many if not all of which are not beholden to the public.

This is the response we received:

Thank you for your inquiry.  I would like to clarify that Rick does not oppose bike trails.  He is a big supporter of bikeable and walkable cities.  What Rick said during the debate is that we need to prioritize funds better.  Despite the fact that he is supportive of building new bike bridges, he thinks that it is a higher priority to reinforce dangerously crumbling bridges that thousands of people drive over every day.

The point you make about non accountable agencies is an interesting one.  I am not intimately familiar with how Rick’s ideas for transportation reform but I can tell you that he is committed to bringing greater efficiency and common sense to MDOT and transportation in Michigan as a whole.

Please continue to follow Rick’s campaign and let us know if we can be of any assistance to you.

Sincerely,

The Reinvent Michigan Team

There’s a clear need to educate candidates such as Rick Snyder and others on the efficiency benefits of consolidation within Michigan’s transportation funding environment.

One first step would be to make it easier for counties to have their own road agencies and eliminate their county road commissions. This consolidation would eliminate duplicate administration and make them accountable to elected officials. It would also bring together county planning with road planning, which could result in significant savings through proper land use planning.

However, under current state law this consolidation is prohibited for all but two counties — Wayne and Macomb. State law also requires counties to become charter counties first, something that takes significant time and money.

And when Macomb County adopted a charter a year ago, 64% of their voters also chose to dissolve their road commission.

We should make it easier for voters in the other 81 Michigan counties to consolidate and save taxpayer money.

The Free Press is reporting that the Ferndale Police Department arrested a suspected bike thief:

David Vincent McArthur, 36, a Ferndale resident, is to be arraigned on a four-year felony — larceny from a building; in this case, a garage — as well as on two counts of simple larceny, in the thefts of three bicycles within the span of about an hour, police said.

“Community policing is something that’s always been this department’s philosophy. We try to be in touch with what’s going on in the neighborhoods,” Lt. William Wilson said.

“So, we think going after a bike thief is just as important as nailing a bank robber, in terms of our residents’ feeling of security in their homes,” Wilson said.

The Daily Tribune also covered the story, adding:

“We suspect he has a drug habit and was stealing the bikes to trade them for small amounts of drugs,” said Ferndale police Lt. William Wilson.

Police report that 10 bicycles have been stolen in the city this month.

The man also is suspected of stealing bikes in Pleasant Ridge and Hazel Park.

Thanks to the Ferndale Police for taking bike theft seriously.

It’s also great to see that Ferndale has Police Mountain Bike officers on patrol. There’s perhaps no better way for police to understand traffic issues facing cyclists than by having officers experience them first-hand.