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Legislation targets bicycle safety- Leelanau Enterprise 8/24/08

Some say it's needed; others say bicyclists are violating laws.

Alex Garvin said he was driving northbound on County Road 643 when he came up behind five bicyclists. Three of the five where riding abreast of each other, he said.


A TRIO OF riders travels single-file in a
paved lane designed for bicyclists
along a Leelanau County road earlier
this summer.

When he started to pass the bicyclists, Garvin said he was forced to back off for a bit because of oncoming traffic.

“Then I went around them, and blew the horn. They gave me the ‘bird,’ all five of them, the whole handful,” he said, referring to a term for an obscene gesture.

The incident served to show tensions between bicyclists and motorists. As more bicyclists take to roads for both recreation and transportation purposes, the odds of conflicts are increasing, and it’s one reason why legislation has been introduced to address bicycle safety concerns.

“(Bicyclists) are entitled to safe use of Michigan roads and we want them to be able to enjoy the roadways and feel safe out there riding,” said John Lindenmayer, associate director of the League of Michigan Bicyclists.

The League of Michigan Bicyclists has been working closely with state Reps. David Palsrok (R-Manistee) and Andy Coulouris (D-Saginaw) to address safety concerns. On June 29, the two representatives introduced House Bills 6299 and 6300, which increase penalties for moving violations causing physical injury or death to bicyclists and other “vulnerable roadway users.”

Lindenmayer said the bills were introduced in part to respond to other states implementing a 3-foot passing law, mandating that a vehicle pass cyclists with a 3-foot minimum berth.

“We didn’t want to be arguing whether someone was 3-foot, 1-inch away from the cyclist or 2-feet, 11-inches away from them,” Lindenmayer said. “We’re hoping these extra penalties will help send that message.”

The language of House bills 6299 and 6300 defines a vulnerable roadway user as “a pedestrian or a person operating a non-motorized transportation device (including but not limited to a bicycle).”

Garvin contends that too often it’s the vulnerable roadway users who are creating unsafe road conditions, and he cites state legislation passed in 2001 that gave bicyclists the OK to ride two abreast.

“We don’t have a half of mile of road in Leelanau County that is straight and level. And it is difficult to see, especially for the farmers to come around the curve, and there are often two, three bikers abreast,” he said.

Missy Luyk, program specialist for TART Trails Inc., said as more bicyclists use roads it’s imperative that they comply with all traffic rules.

“The rules of the road for bicyclist is they have to follow pretty much all of the same rules as motorists,” she said. “A bicycle is a vehicle.”

According to the Michigan Vehicle Code, bicycles are entitled to all the rights and are subject to all the duties of a vehicle, including signaling a turn, stopping at stop signs and moving with the flow of traffic. Section 660b of the Michigan Vehicle Code also spells out the rules of bicyclists riding abreast: “Two or more individuals operating bicycles upon a highway or street shall not ride more than two abreast except upon a path or portion of the highway or street set aside for the use of bicycles.”
When bicyclists take up the entire lane of traffic, Lindenmayer said they are doing so to prohibit a vehicle from passing because they feel the road conditions are unsafe.

“If there’s not a shoulder then they have all the rights and responsibilities as an automobile and are able to ride right here in the road,” he said. “The cars are the ones creating an unsafe situation by crossing the yellow line and passing them. Automobiles by law need to wait for cyclists on the road, just like slow moving farm equipment. It’s no different.”

House Bills 6299 and 6300 were modeled after an existing law that defines the penalty for injuring or killing a farm equipment operator during a traffic violation, Luyk said. “What I believe it does is it increases the liability of drivers that maybe would not pay attention,” she said.

“It gives more bite to the law if it was to be enacted.”

State Sen. Tom George (R-Kalamazoo) has committed to introduce a companion bill with the same language as House Bills 6299 and 6300, Luyk said.

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