With new bike lanes being added in the city of Detroit this year (and many more planned for next year), the question has come up: What are the state laws and local ordinances pertaining to them?

The answer in Detroit is there are none. It’s an issue that needs to be addressed.

Unfortunately that’s probably true in many cities, villages, and townships (CVTs) across Michigan that are “maintaining” their own traffic law language. We quoted “maintaining” because most CVTs aren’t. While state laws and national model traffic laws for bicycles have been updated, in many, if not most cases local ordinances have not.

Ideally, all CVTs, including Detroit would eliminate their local traffic laws and simply reference the Motor Vehicle Code (state law) and the Uniform Traffic Code (which is a maintained by the Michigan State Police.) By doing this, everyone would be working off the same set of traffic laws and it would be easier this one copy up to date.

But getting back to bike lanes, what does the Uniform Traffic Code say about them?

PART 4. TRAFFIC-CONTROL DEVICES

R 28.1320 Rule 320. Bicycle paths or bicycle lanes; establishment; traffic-control devices.

(1) When the traffic engineer, after a traffic survey and engineering study, determines there is a need, he or she may establish a part of a street or highway under his or her jurisdiction as a bicycle path or lane.

(2) The bicycle path or lane shall be identified by official traffic-control devices that conform to the Michigan manual of uniform traffic-control devices.

R 28.1322 Rule 322. Bicycle lanes; vehicles prohibited; parking permitted under certain conditions; violation as misdemeanor.

(1) A person shall not operate a vehicle on or across a bicycle lane, except to enter or leave adjacent property.

(2) A person shall not park a vehicle on a bicycle lane, except where parking is permitted by official signs.

(3) A person who violates this rule is guilty of a misdemeanor.

One item we don’t like in the above language is the requirement that a traffic engineer determine “a need” for bicycle lane. We would like to see the survey, study and need requirement stricken. It’s an unnecessary cost burden and “need” can be quite vague.

It’s one thing to do a traffic study and determine the need for vehicle travel lanes in order to accommodate traffic flow. One can measure traffic and plug those numbers into a computer model.

It’s quite another to do a traffic study which  determines how unsafe a road is for bicyclists — both perceived and real — without a dedicated bike lane.

We are not providing legal advice. This is our interpretation of Michigan state law.

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.

1. Bicycles are not vehicles since they are “exclusively moved by human power.”
2. “Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel.”
3. “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 it could be argued that bike lanes are not part of the roadway. However, we could not find a Michigan court decision which confirmed this.

Illegal to pass vehicles

State law prohibits passing vehicles while riding 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.

So if you’re biking on a shoulder — paved or not — it’s not legal for you to pass any vehicle on the right.  Let’s say you’re riding on the shoulder of a two-lane road. A car traveling in the same direction as you stops to make a left turn. Under state law, you have to stop behind them and wait for them to turn.

Or, you’re riding on the shoulder along Telegraph and cars are cued in the Michigan left lane. If you want to follow the law, you need to stop on the shoulder and not pass those stopped cars. Same goes for cars stopped at a light. You can’t pass any of them while on the shoulder.

And it seems this same passing restrictions could be applied to bike lanes as well.

Ridiculous, right?

Don’t cyclists 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.

And as we just learned, the shoulder is not part of the roadway.

Bottom line

Perhaps eventually a definition of bike lanes will get added to the law which says they are part of the roadway, or that roadways are designed for bicycling and vehicular travel. That might fix it.

Until then, we recommend cyclists not take the rules of the road too literally. Bike defensively and smart.

Make your safety the priority.

Yesterday, the below letter was sent to the Highland Park Chief of Police, Theodore G. Cadwell II:

Dear Chief Cadwell,

I am writing to express concern that some of the Highland Park police officers may not be familiar with state law and bicycling.

Last night I was riding home from the Detroit Fireworks along Woodward Avenue through Highland Park.

At 11:11pm, I passed a Highland Park squad car at a traffic stop on northbound Woodward near Church. The police officer yelled “Sidewalk” to me. Apparently he expected me to ride on the sidewalk rather than the road. However, under state law, I have the same access to the road as any motorist (though I must stay to the right.)

According to MCL 257.657:

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.

I would also note that bicycling on a sidewalk is far more dangerous than bicycling on a road. There have been numerous studies which have come to that conclusion.

Also, last month the Secretary of Transportation posted the article, Bicycling is only healthy when you ride safely. In the article he said, “Motorists should recognize that bicyclists have a right to ride on the roadway” and “bicyclists should ride on the roadway, rather than on sidewalks.”

I will drop off some booklets called “What Every Bicyclists Must Know” at the police station. They were printed in partnership with MDOT and help explain bicycle laws in the state of Michigan.

Michigan’s laws for hand signaling were based on people sitting in Model-Ts. They assume no one can see your right hand. They assume it’s important to signal all braking. They assume you don’t need your left hand for braking.

These are bad assumptions for cyclists. Many states have updated their laws, but Michigan has not. (more…)