BICYCLIST REGULATIONS S.B. 1224: COMMITTEE SUMMARY






Senate Bill 1224 (as introduced 4-20-06)
Sponsor: Senator Michelle A. McManus
Committee: Transportation


Date Completed: 5-1-06

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.

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 at an intersection or onto a private road or driveway.
-- When operating a bicycle in a lane in which the traffic immediately in front of the individual 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 reasonably necessary to avoid conditions making it unsafe to continue along the right-hand curb or edge, including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes.

("Substandard width lane" would mean a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.)


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, and eliminate a requirement that a bicyclist under the age of 16 use that path unless he or she is accompanied by an adult.

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. 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