MCL 691.1402 GOVERNMENTAL LIABILITY FOR NEGLIGENCE

Each governmental agency having jurisdiction over a highway shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a governmental agency to keep a highway under its jurisdiction in reasonable repair and in a condition reasonably safe and fit for travel may recover the damages suffered by him or her from the governmental agency. The liability, procedure, and remedy as to county roads under the jurisdiction of a county road commission shall be as provided in section 21 of chapter IV of 1909 PA 283, MCL 224.21. Except as provided in section 2a, the duty of a governmental agency to repair and maintain highways, and the liability for that duty, extends only to the improved portion of the highway designed for vehicular travel and does not include sidewalks, trailways, crosswalks, or any other installation outside of the improved portion of the highway designed for vehicular travel. A judgment against the state based on a claim arising under this section from acts or omissions of the state transportation department is payable only from restricted funds appropriated to the state transportation department or funds provided by its insurer.

Remember that in Michigan bicycles are not vehicles, therefore road agencies can’t be sued for defects in bike lanes or on paved shoulders.

That’s both good and bad. It’s good for countering road agencies arguments that bike lanes raise their liability. They don’t. In fact, they can reduce it. That’s not our opinion. That’s the opinion of the Michigan State Attorney General’s office.

The bad part is this lack of liability removes a motivating factor for keeping them well maintained. Then again, the roads aren’t in all that great a shape either.

Gravel doesn’t count

Last week the Michigan Supreme Court clarified the road liability a little more. They said the Road Commission for Oakland County (RCOC) could not be sued for gravel that accumulated on a road. That gravel allegedly caused a motorcycle crash.

From the Spinal Column:

“Basically the law states that a defect must be in the traveled portion of the road and the higher courts interpretation is that it must be in the road bed itself and the gravel was simply a dusting on the surface of the road that you would see anywhere on a daily basis,” [RCOC attorney Paula] Reeves explained.

Michigan law established that if snow and ice are on a roadway, the RCOC is not liable for any damages. Subsequently the Supreme Court last week issued an opinion stating under Michigan Law the agency is not culpable in this incident since RCOC is responsible for keeping the roadway in “reasonable repair,” and loose gravel on a roadway does not fall under this definition.

“The courts took this logic and extended the law to apply to gravel,” Reeves noted.

This ruling could likely be applied to a bicyclist crashing on gravel in a vehicle travel lane.

Again, this is good and bad for the same reasons mentioned earlier.

However, if reducing the liability means more bike lanes, we’ll take it.

We’ll deal with the occasional gravel.

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Midtown Loop – Phase II construction began on April 16th. Construction goes along the north side of Canfield Avenue from Cass to John R. and continues south along the east side of John R. to Mack.

Second Avenue Two-Way Conversion Project – will convert Second Avenue to a two-way street with bike lanes from I-94 to West Grand Blvd. New decorative LED street lighting will also be installed. Construction will begin May 1st.

Third Avenue Two-Way Conversion Project – will begin on May 7th and is planned to end on July 15th. This project will convert Third Avenue between Ledyard and Forest to two-way traffic, add bike lanes in both directions, and maintain parking along both sides of the street.

Anthony Wayne Drive is also getting bike lanes which connects the Second and Third Avenue projects.

Trumbull from Warren to Holden is also getting bike lanes this year, though it’ll likely happen later in the season.

Mt. Elliott Plaza

Current Mt. Elliott Park design / Photo from Detroit Riverfront Conservancy web site

The plaza will be similar in size to the one currently at Gabriel Richard Park at the foot of the bridge to Belle Isle.

The splash park has a schooner theme with masts, waterfalls, a river, and water cannons. It looks very cool! It’s the kind of attraction that will definitely pull kids and families to the park.

The schooner does not have a name, but you can change that by making a serious donation.

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• New Detroit bike lanes for 2012
• Detroit TIGER III grant: a multi-modal enhancement plan
• Tuesday roundup: Detroit biking in the media

In Detroit, there have been discussions on driver and cyclist education on bike lanes. They’re relatively new to many neighborhoods. Eventually people learn how to behave around and in bike lanes, however, an effective educational campaign can speed up that learning process.

And there are some potential educational options being discussed and even developed.

At the state level, bike lanes are briefly and sporadically mentioned in the Secretary of State’s booklet, What every Driver Must Know.

We really like this video that was produced by the city of Minneapolis.

http://www.youtube.com/watch?v=eeDDYfUP4BU

They also have an educational video on shared road designs.

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• Midtown and RiverWalk construction updates
• Detroit’s aggressive plan for more bike lanes
• New Detroit bike lanes for 2012

[Department of Public Works Director Ron] Brundidge said Detroit is aggressively building bike lanes to promote a healthy lifestyle and to encourage environmentally conscious behavior. “We just feel it’s our responsibility to do everything we can to have our citizens have the option and ability to get out there and bike,” Brundidge said.

Sounds awesome, doesn’t it?

The If you look at the city map provided by the article, you might ask these questions why the City didn’t add bike lanes…

On East Jefferson? There are already a couple other bike lane and streetscape projects planned for this road through the East Jefferson Corridor Collaborative. Stay tuned.

On any of the other spoke roads? All of the other spoke roads (e.g. Grand River, Gratiot) are state roads. It’s up to MDOT to add bike lanes to them.

On Outer Drive? That’s a Wayne County Road. The City did add State Fair, which is an extension off E. Outer Drive.

Connecting Corktown to the RiverWalk via the Sixth Street bridge? The south end of that bridge is on private property. It would be a little trickier getting that connection improved for bicycling, though it’s not all that bad today.

On Second Avenue north of Grand Boulevard? The optimal solution would be to convert Second back to two-way just like it is being done this year south of the Boulevard. These conversions are expensive because the traffic signals need to be replaced as they only face in three directions.

How certain is all this? It’s not 100%. Some of these bike lanes require state grant funding that is very likely but not for certain.

Most of the bike lanes are being added through the city’s regular re-striping program. Those white lines don’t last forever and need to get repainted. Next year Detroit’s going to put down the paint a little differently.

With all the budget cuts planned, some might ask why there’s a priority on adding bike lanes in Detroit now. However, the funding for this is for transportation purposes only and it can’t be spent on police or fire. The Michigan Constitution actually prevents road funding from being spent on non-transportation items.

The exciting news is that if this does all get completed as expected, Detroit will have the most extensive bike lane network among all cities in Michigan and among nearly all U.S. cities. If we don’t win a Cup, World Series, or Super Bowl by next year, at least we’ll have that to brag about.

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• Midtown and RiverWalk construction updates
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Midtown bike lanes

The below projects all tie together to create on consistent north-south bike route from Cass Tech to New Center. Though not a bike lane, phase II construction of the Midtown Loop will begin this year, extending the pathway south on John R and on Canfield from John R to Cass. The segment along Cass is now phase III.

Second Avenue from Grand Boulevard to Palmer – The street is being returned to two-way travel with bike lanes added for most of it. There is insufficient road width north of the railroad underpass so sharrows will be used.

Anthony Wayne Drive from Palmer to Warren – Bike lanes will be added.

Third Avenue from Warren to Ledyard – This segment will become all two-way with bike lanes.

Cass Park – All of the streets surrounding the park will receive bike lanes.

Conner Creek Greenway

Another phase of this eastside greenway is being constructed this year. This time the portion between 6 Mile and 8 Mile is the focus. E. Outer Drive and Conner Avenue below the Milbank Greenway (which is just north of E. Outer Drive) will get bike lanes.

Trumbull Enhancements

Bike lanes will be added to Trumbull from Warren Avenue north to about Holden. We haven’t seen the drawings, but that’s what we’ve heard. The City has said they would look into continuing the Trumbull bike lanes from Warren south to MLK though there is no timeframe for that.

Safety Improvement Projects

These are the safety projects we’d mentioned earlier. There is one additional public meeting to discuss safety improvements to West Chicago from Spinozza (Rouge Park) just about to Livernois. That meeting is Monday, February 20th from 5pm to 7pm at the Don Bosco Hall, 19321 W. Chicago. We’re told the plans for W. Chicago include bike lanes but we don’t know to what extent yet. We do know they make a great east-west connection to Rouge Park which has great roads, pathways, and trails for biking. Spinozza also connects with W. Outer Drive, another great Detroit biking road.

Dix Road from Waterman/W. Vernor to Woodmere – This is basically an extension of the existing bike lanes on W. Vernor which provides a connection with the pathway in Patton Park.

Central from W. Vernor to McGraw – Only portions of the Central will get bike lanes. At times the road is too narrow so sharrows will be used instead. Central become an even more critical biking route after the Detroit International Freight Transfer Project (DIFT) closes nearby Lonyo Road. Central is also part of the proposed Inner Circle Greenway route that encircles the city.

E. Seven Mile from I-75 to Gratiot is also a safety improvement project but there was insufficient room to add bike lanes. However, like the roads mentioned above, the designs are such that they encourage motorists to drive more prudently.

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One of there latest efforts is to improve Maple Road between Eton and Woodward. This is a main gateway to their downtown and the road isn’t too pretty. It’s mostly a four lane road that allows on-street parking except between 7am and 9am and 4pm and 6pm.

The road carries significant vehicle traffic mostly during rush hour and road that very few would feel comfortable biking on.

We’ve heard that many of the houses along this stretch are rentals, which is probably an reflection on the unwelcoming street.

A proposed alternative is a road diet, taking it to three lanes with bike lanes. The current lane design would be maintained at the intersections to facilitate more traffic flow. Traffic models determined that 30% of the vehicle traffic would use other roads if this were to happen and travel delays would not be that much worse. While motorists might wait more at the Adams crossing, the Woodward crossing would operate with less delay.

If you are interested in supporting this, please attend this upcoming public meeting on February 13th. The details are below the fold.

Adding bike lanes to this section of Maple would connect the popular Eton Road cycling route to downtown Birmingham. It would also connect the transit center and Troy’s shopping district to downtown Birmingham as well.

NOTICE OF PUBLIC MEETING

BIRMINGHAM CITY COMMISSION

MONDAY, FEBRUARY 13, 2012

7:30 P.M.

MUNICIPAL BUILDING

151 MARTIN ST.

ROOM 205

The City of Birmingham has adopted a Complete Streets policy to fully consider appropriate accommodations for all modes of travel on its public streets. The modes of travel to be considered include vehicles, pedestrians, bicyclists, and mass transit. During the 2012 construction season, the City plans to remove and replace the street pavement for a half mile segment of E. Maple Rd., from Adams Rd. to Eton Rd. As a part of its Complete Streets policy, a consultant has studied the entire corridor from Woodward Ave. to Eton Rd., and made the following two recommendations:

1. Reconstruct this segment of Maple Rd., providing two through vehicular lanes and one left turn lane, and new five foot wide bike lanes on each side, except at the Adams Rd. and Eton Rd. intersections (where the current lane configuration would remain).

Current and projected traffic demand on this street indicate that current levels of service for vehicular traffic is poor during peak demand times of day, and will decline further should through vehicle capacity be removed as proposed. Once removed, it is anticipated that about 15% of through traffic demand during the PM peak hour will eventually choose to divert to other routes. Some diversion will be regional, some will be to other parallel major streets, and some will be to adjacent local streets. Copies of the report detailing this study, as well as other information reviewed by the City Commission at their meeting of December 5, 2011, can be found on the City’s website, under the Engineering Dept., subheading 2012 Construction Projects. Information regarding the State of Michigan Complete Streets legislation is also posted there. Go to www.bhamgov.org, and select the Engineering Dept. under the City Government subheading at the top of the home page.

Prior to directing the Engineering Dept. to conduct a test of the three-lane road design during which time traffic demands will be monitored, the City Commission will hold a hearing at the above noted time to consider input from the public on this matter.

2. Install one or more signed alternate bike routes for bicyclists traveling east or west in this area.

Whether the City ultimately constructs a 3-lane road (with bike lanes) or a 4-lane road (without bike lanes) onMaple Rd., the Commission is interested in installing alternate signed bike routes for those who would prefer not to ride on Maple Rd. Copies of the various suggested alternate routes being considered is available in map form on the City’s website, also under the Engineering Dept., subheading 2012 Construction Projects.

Input from those that would be interested in bicycling and the alternate routes plan is being solicited.

Prior to giving direction, the City Commission would like to receive any opinion or comments relative to these matters. If you are not able to attend the meeting, but wish to have your comments as a part of the record, please send a note to the Engineering Department at the address on page 1 of this notice, to be received no later than Friday, February 3, 2012, so that the Commission may review your comments prior to the meeting. It is important that your comments and opinions are considered before any final decisions are made that may impact you as a regular user of this corridor. If you have any questions, feel free to contact the Engineering Dept. at 248-530-1836.

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• Birmingham says “no” to Maple Road diet
• More talk of Complete Streets around Metro Detroit
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It’s not uncommon to hear those who don’t ride bicycles or those who are just starting out say they don’t feel comfortable in bike lanes. One often heard reason? It’s just paint separating you from the cars.

Ask them if they’ve drive on a two-way road? You know those yellow lines in the center? That’s paint. (Thank you, Edward Hines.)

Cars crossing the centerline and hitting others is common crash type, especially with drunk or distracted drivers.

Bicyclists getting hit from behind is not very common. Most car-bike crashes occur at intersections, and usually in crosswalks.

Perceptions create reality

One interesting feature of roads with bike lanes is cyclists perceive them to be safer, so more cyclists ride. When more cyclists ride, everyone is safer due to the safety in numbers hypothesis.

When you have more people on bikes and you have roads with bike markings and signs, drivers’ expectation of seeing cyclists increases — and they adapt their driving habits. Safety increases.

Benefits to others

There is a Detroit resident in Southwest Detroit campaigning against bike lanes there. Her issues have gone so far as City Council where yesterday it was on the agenda for the Neighborhood and Community Services Standing Committee.

In response, the City Planning Commission reviewed the bike lane issues and wrote a report for the committee. The report noted that bike lanes “help develop more travel choices in Detroit, enhance travel safety, and improve the city’s quality of life.”

We agree.

It’s also worth mentioning that there are many benefit to bike lanes and most have nothing to do with bicycling. This paper from the Oregon DOT documents them.

Yes, even motorists benefit — something that’s always worth mentioning when making your bike lane sales pitch in the Motor City.

Besides, it’s just paint.

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The latest proposal is to build the M1-Rail’s 3-mile light rail on Woodward with BRT on Michigan, Woodward, and Gratiot.

Woodward Avenue

According M-Live, the M1-Rail group has “90 days to develop a plan to incorporate their 3.4 mile light rail line into the BRT system. Just how that will work on a practical level is something to be decided in the planning process, according to Bing spokesman Stephen Serkaian.”

Are we back to the curb-side versus center-running debate? Not sure.

Both the light rail and BRTs will all but certainly share a dedicated right-of-way and some stations. As wide as Woodward is, MDOT’s not going to dedicate four lanes to transit.

And in order for both projects to move most quickly while using federal dollars, they’ll likely use the DDOT light rail study which favored center running for most of the route. That coincides with a statement from the Mayor’s office that “Any light-rail studies to date can be applied to advance the approval and construction of rapid bus.”

Following the DDOT study would be fairly ideal for cyclists who want to continue riding safely on Woodward.

However, M-Live adds, “experts say the possibility of BRT ending in New Center is a real one.” That would make it easier to put light rail on the curbs, which would be?a terrible scenario for cyclists.

Michigan and Gration Avenues

For these roads, there are definitely more questions than answers at this point.

How will the BRT affect:

• the new Corktown bike lanes?
• the planned sharrows on Gratiot in Detroit?
• the Woodward Avenue non-motorized planning north of Eight Mile?

We may not have answers to these for some time, especially since Woodward will likely be the first dip in the BRT waters.

We do know that BRT will be on state trunk lines and MDOT is committed to building Complete Streets.

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• Building community in Detroit with bicycles
• Making Michigan Avenue a Complete Street
• City of Detroit submits TIGER IV grant

As of this today, the city of Detroit has been updated.

• Milbank Greenway added
• Conner Creek Greenway added (including St. Jean and Clairpointe bike lanes)
• Southwest Detroit Greenlink added (bike lanes only)
• Atwater bike lanes added
• “bike lanes” on Joy Road removed
• “bike lanes” on Fort Street removed
• RiverWalk sections added

There are still more corrections to make.

• W. Outer Drive and W. Chicago are shown with bike lanes when they only have shoulders.
• There are still some sections of sidewalk shown as “preferred” bicycle routes.
• The Southwest Detroit Greenlink bike routes should be labelled as “preferred.”

We’ll get to these changes unless someone beats us to it.

We also removed the sidewalk along Lakeshore through the Pointes as a preferred bicycle path/trail.

What are the benefits?

For one, the map can help cyclists map their route. It’s interactive and up to date, though some may still prefer a printed bike map, especially since not everyone has a smart phone or direct access to the Internet.

Having an accurate bicycle layer also affects how Google generates bike route directions. Google will try to route cyclists on to bike lanes and preferred routes when it makes sense.

On the other hand, having an inaccurate bicycle layer can make bike directions less valuable. Google has directed us out of our way to use a sidewalk in Troy that has been labelled as a preferred bicycle route.

How to update the bicycle layer

The bicycle layer can be updated using the Google Mapmaker utility. There is a review and approval process for changes so it’s not as instant as Wikipedia.

Mapmaker gives you the ability to change roads attributes, sidewalks, places, and more. It appears bike racks are not being added to this map.

Guide to Mapmaker bicycle facilities

The Google guidelines on how to appropriately label bicycle facilities aren’t always that clear, but here are some key points.

• Paved shoulders are not bike lanes. Google’s best practices says, “Roads without explicit paint markings or signage indicating a bicycle lane should not be given the ‘On-street bicycle lane attribute’”. Since paved shoulders of adequate width can improve bicycling, they can be labeled as “preferred.”
• Sidewalks and sidepaths are not trails/paths. Sidewalks and sidepaths should be documented as part of the road attributes. Google’s best practices says they should only be mapped as separate trails/paths when they’re “separated by a river, railway, or other impassable physical barrier.” Yes, many parts of Oakland County has improperly labelled bicycle features.
• Sidewalks are rarely preferred bicycle routes. If the above guideline is followed, sidewalks along roads can’t be. It’s less clear for sidewalks that are not along a road. In some cities like Royal Oak, bicycling on a sidewalk is prohibited. Sidewalks aren’t usually not cleared of snow by cities unlike streets, so their value in the winter can be variable. We’ve removed a preferred sidewalk segment in Royal Oak that had stairs.

Related Posts

• Safety Paths: Not Safe for Cycling
• Midtown and RiverWalk construction updates
• Bike lane education in Detroit

[Disclaimer: I provided assistance to the city of Detroit on this TIGER grant application.]

It wasn’t a good week in Detroit for transportation news.

First came the light rail decision, and now this. The U.S. DOT did not select Detroit’s TIGER III grant.

There were 828 application and only 46 were selected. The odds weren’t good but Detroit’s $20 million grant request was first-class.

It was called Link Detroit, a Multi-model enhancement plan and a copy of it is available on the city’s web site.

The listed project benefits were:

• Implements a $25 million infrastructure project that includes bridge replacements, streetscapes, on and off road non-motorized greenways ($20 million DOT grant, $5.8 million local match)
• Links Detroit’s core investments such as the Riverfront Conservancy and adjacent downtown central businesses through the Dequindre Cut and Midtown Loop greenways to the Eastern Market, Midtown and Hamtramck
• Intersects major transportation routes including auto, bus, and the planned Woodward Light Rail, enabling multi modal options from anywhere in the region
• Enhances non-motorized and multi-modal connections to:

• Jobs (downtown and midtown anchors, locally owned commercial/professional services, start up establishments, hotels and restaurants, eastern market district)
• Educational institutions (Wayne State)
• Cultural institutions (DIA, MOCAD, DSO, theatres)
• Recreational opportunities (Milliken State Park, numerous city parks, marinas)
• Famers market (Eastern Market)
• Neighborhoods (Midtown, Hamtramck, East Villages)
• Leverages significant investments already made in the transportation infrastructure (Campus Martius, Detroit RiverWalk, Woodward Light Rail, Dequindre Cut Greenway, Midtown Loop Greenway, Hamtramck Greenway) and real estate development (Downtown, Midtown, Eastern Market)
• Provides 289 direct near term jobs, and up to 16,000 long term jobs, assuming the residential and commercial fill in development typically stimulated by this kind of investment

Can Detroit just reapply for TIGER IV? That’s uncertain.

Congress has asked that TIGER “focus on road, transit, rail and port projects.” One source says it’s not a ban on bike-ped oriented projects, but that future focus doesn’t help Link Detroit.

In addition, some of the matching funds will likely be spent before the next TIGER round, and therefore will become ineligible.

Detroit had received $25 million in the first round of TIGER grants. That money was to be spent on the Woodward light rail and will now be applied towards planning bus rapid transit. We don’t know what role this previous award and the city’s current financial situation had in this grant request cycle.

No Dequindre Cut Extension?

This does not stop the planned Dequindre Cut extension. The city has a purchase agreement for the private property from Gratiot to Mack and is now doing due diligence. The funding is there to keep moving this project forward.

Eventually the Midtown and Hamtramck connections will be built once the needed funding is found. TIGER III would have put these critical projects on the front burner.

Other Michigan TIGER grants

The only successful TIGER III grant was for $3.6 million to rebuild 2.6 miles of road in St. Clair County which “provides essential access to the County’s only landfill facility.” Yeah, that stinks.

That said, we’re not surprised the MDOT/Canton TIGER request was rejected. This was a $22 million project to improve the IKEA exit on I-275.

The required grant section on Livability appears to have been written in the 1980s or earlier. One claimed project benefit is it will improve the quality of life by having “a safer operational and connected network to and from the surrounding community and the freeway network.” That and they won’t remove the existing bike path.

The grant’s section on Alternative Transportation and Sustainable Development says, Canton is “committed to promoting sustainable development opportunities and alternative transportation options for residents.” Canton opted out of SMART. You cannot take the SMART bus to the IKEA store.

If anything, this is an example of why transportation in Michigan is not a sustainable model. We let a major traffic generator locate in an area which lacks the existing transportation infrastructure to handle it. And now Canton (and MDOT) want taxpayers to fix their $22 million mistake.

IKEA even mentioned in their support letter for this grant that “when IKEA was considering potential locations for our Michigan store, we had strong concerns about the interchange.”

But to be fair, there are other costly expressway exit examples, from the Chrysler headquarters to the Great Lakes Crossing at Baldwin. We have a history of funding mistakes.

The bottom line is Michigan can’t afford to keep ignoring the obvious relationship between land use and transportation.

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