Illegal to pass cars while on the shoulder?
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.
- Bicycles are not vehicles since they are “exclusively moved by human power.”
- “Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.”
- “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.
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Tags: bike lanes, Bike laws, Law, paved shoulders, state law
November 8th, 2010 at 9:47 am
It seems there is a gap in the actual written laws provided here on the site:
In the definition of “vehicle” pertaining to bicycles, it says:
1.) “‘Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power…”
Given that, all vehicles are allowed in the roadway, with “human powered devices”, bicycles included, being one of the exceptions and not allowed.
2.) “’Roadway’” means that portion of a highway improved, designed, or ordinarily used for vehicular travel…”
This here is a little grey with the language. It says “ordinarily”, but does not make any explicit reference to what else may use the roadway.
3.) Implied without explicit rights stated–Finally, this here says that if someone is operating a bicycle in on the highway (which the roadway is part of, to be technical), and then the rules bicycle riders should when riding in the highway follow, which I did
not include.
“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 except as follows:”
Maybe you left out some information or maybe the laws were just written in an incomplete way, but with only the information I saw that was posted, it would be likened to having house rules that say “Children may not candy”, but then within that same list of rules, providing rules on what type/how much of suckers they may eat, what kind/how much of chocolate they may eat, without actually explicitly stating “You may eat candy.”
I thought bicycles were considered vehicles in Michigan. It seems to imply as much in the driver’s training manual in one brief section. There’s probably missing information but this just seems incomplete to me.
November 8th, 2010 at 9:57 am
Dave,
Yes, there is another section of law that wasn’t mentioned. MCL 257.657 states, “Each person riding a bicycle, electric personal assistive mobility device, or moped or operating a low-speed vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.”
So, while bicycles are not vehicles, bicyclists have “all of the rights” of a driver of a vehicle.
November 8th, 2010 at 10:51 am
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December 2nd, 2021 at 7:38 pm
The problem here is that you’re playing fast and loose with the terms “highway” and “roadway”. The roadway is part of the highway, as is the shoulder. The roadway is the part of the highway that is designed and used for travel. The shoulder is the part of the roadway for broken down vehicles that have to pull off the roadway.
Not only do we not have to use the shoulder, we’re not allowed to use the shoulder. Go back to the keep right rule: “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.” Slow down and read that carefully. If you’re using a street or highway (remember, a highway includes the roadway and the shoulder), you must keep as near as practicable to the right-hand edge of the roadway. As in, you must use the roadway, and you must keep as near as practicable to the right-hand edge of it. Cyclists have the same duties as motorists, and motorists are prohibited from driving on the shoulder. Unless there’s something else in state law authorizing cyclists to use the shoulders (there isn’t), you’re actual prohibited from using a shoulder (even a paved one). Cyclists can use shoulders in other states because other states don’t define a shoulder as that part of the highway for broken down vehicles.
No one is likely to ever give a cyclist a ticket for using a shoulder (I mean, cops are motorists, and motorists generally want us off the road anyway), but if anything happens to you on a shoulder, you’re likely to find you have no rights at all, and are automatically at fault. Because it’s illegal for anyone to operate on a shoulder, including bicyclists.
December 3rd, 2021 at 5:15 pm
One can ride on the shoulder or roadway and still be “as close as practicable to the right-hand curb or edge of the roadway”. No where does Michigan law require bicyclists to ride in the roadway.
December 10th, 2021 at 1:32 pm
Michigan defines the shoulder as “”Shoulder” means that portion of the highway contiguous to the roadway generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped vehicles otherwise permitted on the roadway.” The Grimes State Supreme Court decision makes it crystal clear that no one may legally operate vehicles on the shoulder, because, by definition (in Michigan) that’s not what the purpose of shoulders is. 257.657 says we have to follow the same rules as vehicle operators, unless the restriction can’t make sense by its nature, or there’s another section saying otherwise. This isn’t one of those situations. 257.660 says we have to keep as near to the right-hand edge of the *roadway* as practicable. It doesn’t say roadway or shoulder. So, 257.59a, 257.657 and the Grimes decision take away our ability to use shoulders, and 257.660 says nothing about it.
So sorry Todd, but I’m pretty sure you – and everyone who thinks it’s legal to bike on a paved shoulder in Michigan – are wrong about it. Since vehicle operators can’t legally do anything other than pull over onto a shoulder, and cyclists have to follow the same rules unless they can’t apply or there’s something that says we can operate on shoulders, it’s on you to find the clause you think exists in state law that says we can. The closest thing is the new keep right rule for e-bikes, which says, (257.662a(6)) “Except as otherwise provided in subsection (7), an individual may operate an electric bicycle on any part of a highway that is open to a bicycle, including, but not limited to, a lane designated for the exclusive use of bicycles and the shoulder.” But that wording is 1) new, 2) suggests that it means anywhere a bicycle can be used (but as noted, the rest of the code says we can’t use the shoulder), and 3) is grammatically messed up. It would be much better if we got the legislature to modify 660a to explicitly say we can use the shoulder, because I’m pretty sure the way it is now, it’s illegal and the State Supreme Court would be happy to clarify that, if some poor cyclist has something happen to them on the shoulder.
December 10th, 2021 at 4:43 pm
You’ve misquoted the law. Bicyclists are to follow the same rules as drivers of vehicles when “upon a roadway” per 257.657. Bicyclist riding upon the shoulder are not riding upon a roadway so 257.657 doesn’t apply. Bicyclists can legally operate on shoulders.
Perhaps you should take your creative argument up with MDOT and the Michigan Attorney General’s office, both of which acknowledge the legality of bicycling on shoulders. https://www.michigan.gov/documents/mdch/ped-bike-safety-and-liability_334511_7.pdf