Two bills were introduced in the Michigan House yesterday which would require all Michigan road agencies to adopt Complete Streets policies within two years as a condition for receiving transportation dollars.

An excerpt from House Bill 6151

SEC. 10P. (1) AS USED IN THIS SECTION:

(A) “COMPLETE STREET” MEANS A ROADWAY OR AN INTERCONNECTED NETWORK OF TRANSPORTATION FACILITIES THAT ACCOMMODATES ALL USERS OF ALL AGES AND ABILITIES, AND THAT ENABLES ALL USERS TO USE THE ROADWAY SAFELY AND EFFICIENTLY.

(B) “COMPLETE STREETS POLICY” MEANS A STATE OR LOCAL LAW, ORDINANCE, OR POLICY THAT ENSURES BOTH OF THE FOLLOWING:

(i) THE ADEQUATE ACCOMMODATION, IN ALL PHASES OF PROJECT PLANNING, DEVELOPMENT, CONSTRUCTION, MAINTENANCE, AND OPERATION OF ALL USERS OF THE TRANSPORTATION SYSTEM, INCLUDING, BUT NOT LIMITED TO, PEDESTRIANS, BICYCLISTS, PUBLIC TRANSIT USERS, CHILDREN, OLDER INDIVIDUALS, MOTORISTS, AND INDIVIDUALS WITH DISABILITIES.

(ii) THE CONSIDERATION OF THE SAFETY AND CONVENIENCE OF ALL USERS IN ALL PHASES OF PROJECT PLANNING AND DEVELOPMENT. THE DEPARTMENT SHALL PROVIDE ASSISTANCE TO AND COORDINATE WITH LOCAL ROAD AGENCIES AND METROPOLITAN PLANNING ORGANIZATIONS IN DEVELOPING COMPLETE STREETS POLICIES.

(2) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE DEPARTMENT, LOCAL ROAD AGENCIES, AND MUNICIPALITIES THAT RECEIVE APPROPRIATIONS UNDER THIS ACT SHALL ADOPT COMPLETE STREETS POLICIES. THE DEPARTMENT AND LOCAL ROAD AGENCIES SHALL ADOPT COMPLETE STREETS POLICIES NO LATER THAN 2 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION. THE DEPARTMENT AND LOCAL ROAD AGENCIES AND MUNICIPALITIES SHALL ADHERE TO THE ADOPTED COMPLETE STREETS POLICY OF THE POLITICAL JURISDICTION WITHIN WHICH THE PROJECT IS LOCATED IN ALL PHASES OF PROJECT PLANNING AND DEVELOPMENT.

The bill does carve exceptions, but they seem to be based on the same reasonable exceptions listed in the U.S. DOT recommended bicycle and walking policy statement.

Also, the bill does create a Complete Streets Advisory Council at the state level to “assist local road agencies and municipalities with implementation of Complete Streets Policies.”

House Bill 6152 would update Michigan’s planning enabling act by adding non-motorized transportation, Complete Streets, traffic calming and more as required elements of a municipal master plan.

If passed, this sweeping and profound legislation would clearly put Michigan on the right track by supporting active transportation and building livable communities.

What action can you take? The Michigan Complete Streets Coalition will likely have some recommend plan in the near future and we’ll be sure to pass it along.

In many Michigan communities, it’s against local ordinance to roller skate, skateboard, inline skate, or roller ski on roads. There’s language in the Uniform Traffic Code (UTC) against it.

R 28.1204 Rule 204. Use of coasters, roller skates, and similar devices restricted; violation as civil infraction.

(1) A person who is riding in, or by means of, any coasters, toy vehicle, or similar device shall not go on any roadway, except while crossing a street on a crosswalk. When crossing a street on a crosswalk, the person shall be granted all of the rights, and shall be subject to all of the duties, applicable to pedestrians.

(2) A person who is on a skateboard or roller skates, including in-line skates, shall be considered a pedestrian and is subject to all of the rights and duties of a pedestrian, except as provided in subrule (3) of this rule.

(3) The traffic engineer may designate those roadways and areas where the use of skateboards, roller skates, or in-line skates are prohibited and shall designate these areas through the posting of appropriate signs.

(4) A person who violates this rule is responsible for a civil infraction.

State Representative Steve Lindberg has introduced legislation (House Bill 6125) which would allow roller skiing on Michigan roads (and in bike lanes) albeit with numerous restrictions. Given today’s lighting technology, it’s unclear one couldn’t roller ski on roads at night if properly lighting were used.

SEC. 660E. (1) EXCEPT AS PROVIDED IN SUBSECTION (2), A PERSON MAY USE ROLLER SKIS ON THE STREETS AND HIGHWAYS OF THIS STATE AND IN AREAS AND ON PATHS SET ASIDE FOR THE USE OF BICYCLES AS PROVIDED IN THIS SECTION. A PERSON WHO USES ROLLER SKIS SHALL DO ALL OF THE FOLLOWING:

(A) ONLY USE ROLLER SKIS DURING THE DAYTIME BETWEEN SUNRISE AND SUNSET.

(B) ONLY USE ROLLER SKIS ON A STREET, HIGHWAY, PATH, OR OTHER AREA THAT IS OPEN TO PUBLIC USE BY BICYCLISTS AND ROLLER SKIERS.

(C) USE A BICYCLE LANE OR THE SHOULDER OF A STREET OR HIGHWAY, IF AVAILABLE.

(D) TRAVEL ON A STREET, HIGHWAY, PATH, OR OTHER AREA IN THE SAME DIRECTION AS VEHICULAR TRAVEL.

(E) TRAVEL ON THE FAR RIGHT SIDE OF A STREET, HIGHWAY, PATH, OR AREA.

(F) REFRAIN FROM UNNECESSARY MOVEMENT WHEN BEING PASSED BY A MOTOR VEHICLE.

(G) PROCEED IN SINGLE FILE, EXCEPT WHEN PASSING.

(H) WEAR A PROPERLY SECURED HELMET ON HIS OR HER HEAD.

(I) WEAR CLOTHING BEARING OR CONTAINING REFLECTING MATERIAL.

(2) A LOCAL UNIT OF GOVERNMENT MAY ADOPT AN ORDINANCE PROHIBITING THE USE OF ROLLER SKIS AS DESCRIBED IN SUBSECTION (1) ON STREETS AND HIGHWAYS, PATHS, AND OTHER AREAS WITHIN ITS JURISDICTION.

It seems silly to allow roller skis, something few people do, while ignoring skating, which many people do. Then again, Lindberg does hail from the U.P.

The bill has been sent to the House Transportation Committee.

Distracted drivers are a major source of traffic accidents. According to the US DOT’s distracted driving web site, “Nearly 6,000 people died in 2008 in crashes involving a distracted driver, and more than half a million were injured. (NHTSA)”

Pedestrians and cyclists make up a significant portion of road fatalities, so this is a major problem in our eyes.

The Michigan Legislature has been working on a texting ban — a good start to addressing this issue. Today the House passed a bill making texting while driving a primary offense, just as the Senate recently did.

It doesn’t sound ideal, but according to mlive:

Matt Bolger, a Michigan State Police legislative liaison, said distracted driving is reckless driving. The texting ban is another tool in the traffic safety toolbox officers will use when observing driver behavior on Michigan roads and highways.

And according to the Free Press, this legislation just needs a companion bill before it can head to the Governor.

A main sponsor off the bill Rep. Lee Gonzales, D-Flint, said the law would take effect July 1.

“We’re not going to put the hammer down on people,” Gonzales said, adding that it will take time for the public and police to be come accustomed to the law and how to enforce it. He said the law will make Michigan roads safer.

Given the carnage, we say go ahead and put the hammer down now. Keep the points and keep it on driver’s records.

From what we can tell, this legislation does not apply to bicyclists that text. The bill was written for motor vehicle operators as opposed to the more generic vehicle operators.

MDOT recently issued this press release:

MDOT offers toll-free pothole hotline to Michigan motorists

March 31, 2010 — Freezing and thawing cycles lead to potholes in the spring. In addition to a toll-free pothole line, the Michigan Department of Transportation (MDOT) has posted a form on the MDOT Web site to encourage motorists to report potholes on state roads. Reports of potholes on state roads (M, I and U.S. roads only) will be routed to the nearest MDOT Transportation Service Center (TSC).

“The pothole hotline is an easy and efficient way for residents to help us identify potholes on state roads that need to be repaired,” said State Transportation Director Kirk T. Steudle. “We hope that residents will call the hotline or use the link on the MDOT Web site to report potholes that need attention.”

To report a pothole, call 888-296-4546, around-the-clock, seven days a week, or use the “Report Potholes” link on the MDOT Web site at?www.michigan.gov/mdot. Those reporting pothole locations are asked to provide the route name (M, U.S. or I designation), the county, the nearest community, and the closest cross street or interchange. Potholes on non-state roads should be reported to local road commissions since MDOT does not have jurisdiction over roads that are not part of the state system.

Information about how potholes are formed is available on the MDOT Web site at www.michigan.gov/mdot/0,1607,7-151-9615_30883—,00.html.

The title is misleading. Other road users, including cyclists can report potholes — not just motorists.

As you may know, MDOT has a reimbursement program if one of these potholes damages your vehicle. According to a 2004 VeloNews article, Michigan bicyclists should be able to make claims as well. The MDOT claim forms are not specific to motorists.

Still, getting reimbursed is not easy according to MDOT.

The state will consider an award only for the damages beyond what has been paid by your insurance company, and the state must have been aware of the pothole for 30 days without repairing it in order for a claim to be eligible for reimbursement.

Also note that parts of that VeloNews article are outdated due to more recent court decisions.

A 2006 court case determined that by law, counties and MDOT are only liable for vehicular travel lanes.

It also doesn’t include paved shoulders or bike lanes — bikes are not vehicles under Michigan law. On one hand, that’s good for convincing road agencies to build bike facilities (no added liability.) However, that also means cyclists are not afforded the same protections as motorists.

According to the state attorney general’s office, the liability extends beyond potholes to include:

• Rutting
• 
  Manhole covers
• 
  Dilapidated road surface
• Traveled (vehicle) lane edge drops
• 
  Missing storm sewer grates

Either way, it’s imperative that cyclists keep a keen eye on the road conditions this time year until the patching crews can get some repairs made.

″I′ll be more OK…

A 49-year-old Chesterfield Township man disgruntled over a traffic ticket and crash with a Roseville Police car admitted he’s been dumping screws and nails in the Roseville city hall and police department parking lots once or twice a week since late February, blowing out tires, according to investigators.
Detroit Free Press, March 24th, 2010

…with bikes sharing the roads with cars…

About 10 minutes after a Westland mother drove drunk and broadsided another vehicle in Ferndale, then fled with her 4-year-old in the backseat, police said, Jean Timlin’s Honda CRV was pulled over.
Detroit Free Press, March 5th, 2010

…when the bikers start following…

Six preschoolers were injured Tuesday after they were struck by flying glass and debris when their teacher accidentally backed her SUV through a side window wall of their Franklin village school, police said.
Detroit Free Press, March 10th, 2010

…the same rules of the road.”

Charges have been filed against the Dearborn Heights man accused of running over a corporal in the Wayne County Sheriff’s Office with the officer’s own car.

Jeffery Lamar Jones, 32, was charged with two counts of assault with intent to commit murder; two counts of felonious assault; carjacking; two counts of fleeing and eluding; felonious driving; resisting and obstructing a police officer causing serious impairment; failure to stop at a personal injury accident; operating with a suspended license; and marijuana possession, according to the Wayne County Prosecutor’s Office.
Detroit Free Press, March 16th, 2010

The italicized quote shown above is from a Royal Oak web forum, but it’s not an uncommon statement. Some consider it okay to consider cyclists as a collective group — a group that bears responsibility for everyones individual actions. This is perpetuated by cyclists who say we all need to uphold the collective reputation of cycling.

It’s nonsense.

Do individual motorists accept responsibility for all motorists? Do motorists feel compelled to uphold their collective reputation every time they get behind the wheel?Are motorists at risk of losing access to all public roads because of the egregious behaviors listed above? Of course not.

Michigan law grants roads access to individuals riding bicyclists just as it does for motorists.

The bottom line is there’s no double-standard.

WashCycle’s The Myth of the Scofflaw Cyclist does an admiral job discussing this issue in greater detail.