BICYCLIST REGULATIONS S.B. 1224 (S-1): FIRST ANALYSIS




Senate Bill 1224 (Substitute S-1 as reported)
Sponsor: Senator Michelle A. McManus
Committee: Transportation


Date Completed: 5-11-06

RATIONALE


Under the Michigan Vehicle Code, a person operating a bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle under the Code, except as specified in the Code and except as to certain provisions that by their nature do not apply to bicycles. Some people believe that this language is overly broad, and results in uncertainty for motorists and bicyclists alike that can lead to accidents. Reportedly, in 2004, 2,246 Michigan bicyclists were involved in accidents with motor vehicles. Twenty-one of the cyclists were killed and another 1,700 were injured. In order to enhance safety, it has been suggested that more specific regulations regarding the operation and parking of bicycles, and yielding the right-of-way to bicyclists, be enacted.

CONTENT The bill would amend the Michigan Vehicle Code to do the following:

-- Require vehicle operators to yield the right-of-way to bicyclists under certain circumstances.
-- Delete references to bicycles from provisions that apply to the operation of an electric personal assistive mobility device, low-speed vehicle, motorcycle, moped, or bicycle, and establish provisions that would apply to bicyclists specifically.
-- Provide for bicycle parking.

Bicycle Operation


 Currently, a person operating a bicycle, electric personal assistive mobility device, low-speed vehicle, or moped upon a roadway must ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. The bill would delete the reference to a bicycle.


Under the bill, a person operating a bicycle upon a highway or street at less than the existing speed of traffic would have to ride as close as practicable to the right-hand curb or edge of the roadway, except as follows:

-- When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.
-- When preparing to turn left.
-- When operating a bicycle in a lane in which the traffic was turning right but the individual intended to go straight through the intersection.
-- When operating a bicycle upon a one-way highway or street having two or more marked traffic lanes, in which case the individual could ride as near the left-hand curb or edge of that roadway as practicable.
-- When conditions made the right-hand edge of the roadway unsafe or reasonably unusable by bicycles, including surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane were too narrow to permit a vehicle to overtake and pass a bicycle safely.


Under the Code, a person riding a bicycle, an electric personal assistive mobility device, a motorcycle, or a moped upon a roadway may not ride more than two
abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles. The bill would eliminate the reference to a bicycle. The bill would prohibit two or more bicyclists operating upon a highway or street from riding more than two abreast, except upon a path or portion of the highway or street set aside for the use of bicycles.


Under the Code, where a usable and designated bicycle path is provided adjacent to a roadway, a bicyclist or an electric personal assistive mobility device operator may, by local ordinance, be required to use that path. The bill would delete the reference to a bicyclist.

A person operating a motorcycle, moped, low-speed vehicle, electric personal assistive mobility device, or bicycle may not pass between lanes of traffic, but may pass on the left of traffic moving in his or her direction in the case of a two-way street, or, in the case of a one-way street, on the left or right of traffic in an unoccupied lane. The bill would eliminate the reference to a bicycle.


Currently, a person operating a bicycle or an electric personal assistive mobility device on a pedestrian sidewalk must yield the right-of-way to a pedestrian and give an audible signal before overtaking and passing the pedestrian. The bill would eliminate the reference to a bicycle, but add a similar provision applicable specifically to a person operating a bicycle upon a sidewalk or pedestrian crosswalk.


The bill also would prohibit a person from operating a bicycle upon a sidewalk or pedestrian crosswalk if that operation were prohibited by an official traffic control device. The bill specifies that a person operating a bicycle lawfully upon a sidewalk or pedestrian crosswalk would have all of the rights and responsibilities applicable to a pedestrian using that sidewalk or crosswalk.


Bicycle Parking


 Under the bill, an individual could park a bicycle on a sidewalk except as prohibited by an official traffic control device. An individual could not park a bicycle on the sidewalk in a manner that impeded the lawful movement of pedestrians or other traffic.
The bill would allow a person to park a bicycle on a highway or street wherever parking was allowed for motor vehicles, at any angle to the curb or the edge of the highway, and abreast of another bicycle. A person could not park a bicycle on a highway or street in a manner that obstructed the movement of a legally parked motor vehicle.


Also, an individual would have to park a bicycle on a highway or street in compliance with the Code and any local ordinance, except as otherwise provided in the bill.


Yielding the Right-of-Way


 The Code sets forth the actions that a vehicle operator may take at different traffic control signals, and requires that the operator yield the right-of-way to pedestrians and other vehicles. A person who fails to yield as required is responsible for a civil infraction.


Under the Code, if a traffic signal is green, vehicular traffic facing the signal may proceed straight through or turn right or left, unless a sign at that place prohibits either turn. Traffic must yield the right-of-way to other vehicles and pedestrians lawfully within the intersection or an adjacent sidewalk at the time the signal is shown. The bill would require vehicular traffic also to yield to bicyclists within the intersection or an adjacent crosswalk.


Under the Code, vehicular traffic facing a steady red signal, after stopping before entering the crosswalk on the near side of the intersection or a limit line when marked, or, if there is no crosswalk or limit line, before entering the intersection, may make a right turn from a one-way or two-way street into a two-way street, or a one-way street going in the direction of the right turn; or may make a left turn from a one-way or two-way street into a one-way roadway going in the direction of the left turn, unless prohibited by a traffic control device. The vehicular traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. The bill would require that vehicular traffic also yield to bicyclists lawfully within an adjacent crosswalk.


Under the Code, vehicular traffic facing a steady green arrow indication may enter the intersection only to move as indicated by the arrow, or as permitted by other indications shown at the same time. The traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Under the bill, vehicular traffic also would have to yield to bicyclists lawfully within an adjacent crosswalk.

MCL 257.612 et al.

ARGUMENTS (Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument The bill would not create any new rights for bicyclists, but would clarify existing provisions and codify common-sense practices, potentially creating a better awareness and understanding of bicyclists on the road. Especially during a time of rising gasoline prices and increased concerns about obesity and health, bicycling for transportation and recreation should be encouraged. The bill could result in the establishment of a safer environment for both riders and motorists, leading to increased enjoyment of Michigan's roads by all.


The Code's language is fairly broad, stating that bicyclists have the same rights and responsibilities as motor vehicle operators unless otherwise specified. This leads to confusion for many people regarding where and how a bicycle may be ridden, and what action drivers should take when bicyclists are present. Evidently, many motorists are not even aware that bicyclists legally may ride on the roadway. During a meeting of the Senate Transportation Committee, a member of the Kalamazoo Bicycle Club stated that the Club had requested an interpretation of certain sections of the Code from Kalamazoo County's legal counsel so that members could avoid being ticketed while riding.


One provision that can cause confusion and danger, for example, is the requirement that bicyclists ride "as near to the right side of the roadway as practicable". This does not clearly allow cyclists to leave the right edge in many circumstances in which it is unsafe and impractical to keep to the right, such as where debris is present or the roadway is damaged. In addition, when a bicyclist is approaching a corner where there is a right-turn lane, it is dangerous for the cyclist to remain to the far right when he or she is going straight. Under the bill, in these and other specific situations, a bicyclist would not have to ride next to the right edge. The bill also would enhance safety by giving bicyclists the same rights as pedestrians in crosswalks, and would promote the use of bicycles by allowing them to be parked on sidewalks unless otherwise prohibited.


Bicycling regulations can cause confusion for those coming to Michigan from other states, as well as residents. The National Committee on Uniform Traffic Laws has proposed a Uniform Vehicle Code containing model rules for the operation of bicycles, which different states have adopted to various extents. The bill includes some of these regulations, which would help create consistency for out-of-State drivers and bicyclists.


Legislative Analyst: Julie Koval

FISCAL IMPACT
The bill would have no fiscal impact on State or local government.


Fiscal Analyst: Stephanie Yu

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1224/0506