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Categories
News from the Trail – May 2017
Tag: bike laws
Moments ago, Detroit City Council unanimously repealed three city ordinances that restricted youth bicycling within the city. In brief, these ordinances prohibited bicyclists under age 12 from riding in the street even if they were with a parent or guardian. Bicyclists between ages 12 and 17 needed to carry a permission note with them. The penalty for violating either ordinance was the Detroit Police Department could ask parents that they withhold bicycling privileges for up to six months.
We sought to remove these as we outlined in a prior post.
Yesterday we testified at a public hearing that these ordinances were archaic, unique to Detroit, and not best practices. They also did not seem to be enforced, which made youth safety education more challenging. Should we tell youth to ignore them?
Also at the public hearing was Heather Nugen, Executive Director for Back Alley Bikes. Nugen brought her wealth of experience in youth cycling to the table. Council member Scott Benson recognized Back Alley Bikes for all the great work they do in the city.
Next up were two third-graders who road their bikes to school and knew how to safely ride in the road. They clearly had the most impact. Thanks to BikeVON for bringing these kids to the hearing.
At the conclusion of the public hearing, Council member Raquel Castaneda-Lopez and Benson posed with them. Member Castaneda-Lopez wrote on Facebook:
I love when youth come to speak at City Council- it can be intimidating even for adults. Today these two 9 and 10yr olds, respectively, came to support repealing archaic restrictions around youth riding bicycles. They ride their bikes to school. I hope that someday soon everyone in the city feels safe & comfortable riding bikes and using this as a viable means of transportation. #detroitcycles #nonmotorizedtransportatio
We share that hope!
Also, we do want to thank People for Bikes in helping spread the word on this with an Action Alert.
A public hearing to repeal these youth biking ordinances was held on Monday, October 26th at 10:30AM at Detroit City Council. The repeal was successfully voted out of committee and is on the Tuesday Council agenda for an expected final vote.
Last May, Detroit made a massive overhaul of its traffic ordinances. City Council repealed most of Detroit’s traffic ordinances and adopted the Michigan Motor Vehicle Code and Uniform Traffic Code in their place.
We supported this change as it makes Detroit’s traffic ordinances more consistent with other Michigan cities.
It also meant bicycles no longer required bells. We’re not anti-bike bell, we think they’re a great idea. We just don’t think bicyclists should get a ticket for not having one.
Three ordinances that didn’t get removed involved youth bicycling.
Sec. 55-4-11. – Operation of bicycles—Persons under twelve years of age.
No person under the age of 12 years shall operate a bicycle upon any street, highway or alley of the City, provided, that such person under twelve 12 years of age may operate a bicycle on the sidewalks of the city. (Ord. No. 09-14, § 1, 5-19-14)
Sec. 55-4-12. – Same—Persons twelve to seventeen years of age.
Any person over the age of 12 years and under the age of 17 years may operate a bicycle upon the streets, highways, and alleys of the City, provided, that such person has in his possession the written consent of the parent or guardian to do so. (Ord. No. 09-14, § 1, 5-19-14)
Sec. 55-4-13. – Same—Police to notify parents of violations.
If there is any violation of section 55-4-21 or section 55-4-22 of this Code, the Police Department shall notify the parent or guardian of the violation, giving the details of the violation, and shall recommend the confiscation of the bicycle by the parent or guardian for a period of not more than six months. (Ord. No. 09-14, § 1, 5-19-14)
These ordinances are archaic and unduly restrictive. To the best of our knowledge, they are not enforced.
We asked members of the Association for Pedestrian and Bicycle Planners if they were aware of another U.S. city with similar restrictions. The answer was “no”.
Repealing 55-4-11 does not mean all Detroit youth are prepared to ride safely in the streets, but certainly some are. Many youth under age 12 ride in the streets with their parents/guardians or with organized groups such as the Back Alley Bikes Youth Rides and the Safe Routes to School program. This happens safely across the city and should not be prohibited.
Also, Council adopted the Michigan Uniform Traffic Code by reference in May 2014. That includes a rule that holds parents/guardians responsible for their children:
R 28.1201 Rule 201. Required obedience to traffic ordinances; parental responsibility; violation as civil infraction. (1) It is a violation of this code for any person to do any act that is forbidden, or to fail to perform any act that is required, by the act or this code. (2) The parent of any child and the guardian of any ward shall not authorize or knowingly permit this child or ward to violate any of the provisions of the act or this code. (3) Unless otherwise specified, violation of any rule of this code is a civil infraction.
We met with Council member Scott Benson this summer to discuss their repeal. The repeal amendment went before the City Council Public Health and Safety Committee today and was moved to tomorrow’s City Council of Whole.
Long ago, most Michigan municipalities eschewed their local traffic ordinances and adopted the state’s Motor Vehicle Code and Uniform Traffic Codes, both of which are fairly up to date with national guidelines.
Last May Detroit did the same.
For such a sweeping change, it was surprising that the Coalition was the only one providing public comment before City Council. We spoke in support of the change (with one “minor” exception) since it meant:
- Bicyclists would no longer be required to have a bell. We’re not anti-bell. We just don’t think you should get a ticket for not having one.
- Stores buying used bicycles had to make weekly reports to the police with the sellers’ names and addresses. Stores selling new or used bicycles had to file weekly reports with the purchasers’ information to the police as well. Failing to do either was a misdemeanor. We suspect no one was following this. Both were removed.
- Vehicles turning through crosswalks must yield to bicyclists as well as pedestrians.
- Bike lanes are defined and it’s more clear that vehicles are not allowed to drive or park in them. Both are misdemeanors.
Council passed the ordinance and it went into effect on June 1st.
With these changes in place, the Coalition is now working on educational materials and communications for cyclists, motorists, and law enforcement to roll out this Spring.
As for that “minor” exception? Stay tuned.