There is a public hearing on Monday, May 8th at 10:06AM for new Detroit ordinances relating to the QLine. They mostly relate to streetcar operations but some affect bicycling on Woodward Avenue.
The initial ordinance language raised a couple primary concerns for Woodward bicyclists.
- Though not intended as such, 58-10-18 appeared to prohibit bicyclists from riding near or across streetcar tracks.
- Both 58-10-11 and 58-10-51 prohibit bicyclists riding “in a manner calculated” to delay the streetcar.
The ordinance specified these as misdemeanors with up to a $500 fine and/or 90 days in jail.
We met with MDOT, M1 Rail, and Council member Scott Benson’s office to review the language and address these concerns. Council member Benson was able to get positive changes made to the ordinance language before Monday’s hearing.
For the first concern, the intention was to prohibit people from making devices that could ride specifically on the rail. The language has been clarified to better match this intent.
As for the second concern, the wording was changed from the “calculating” to the more common legal term “intentionally”. While still open to interpretation from enforcement, it’s an improvement. Besides this may not end up being too much of a concern as the QLine is rather slow and makes numerous stops. It’s more likely to impede bicyclists than vise versa.
Enforceable?
Although the ordinance is expected to pass City Council on the 9th, we still have questions of how enforceable these bicycle ordinances will be given the State’s Motor Vehicle Code (MVC). The MVC smartly tries to keep road regulations uniform across the state while requiring notice to users when they are different at the local level.
The MVC does allow local governments to regulate the operation of bicycles, but those regulations must be posted.
An ordinance or regulation … shall not be enforceable until signs giving notice of the local traffic regulations are posted upon or at the entrance to the highway or street or part of the highway or street affected, as may be most appropriate, and are sufficiently legible as to be seen by an ordinarily observant person.
There had not been any prior plans to post such signs.
Another question involves conflicts between this ordinance and the MVC. The latter gives bicyclists the right to ride on the right side of Woodward. The local ordinance (58-10-52) says bicyclists lose that right when the streetcar gives a signal. That seems to conflict with the MVC language on local regulations, but that’s unclear.
Be Safe!
None of this is to say you shouldn’t get out of the way of a heavy streetcar for your own safety. However, given the meandering rail alignment, safely getting of the way of anything is a challenge enough without adding the fear of a misdemeanor.
Other tips: Always try to cross the rails at a 90-degree angle and remember that wet rails are extra slippery.
Under many circumstances, Cass Avenue and John R will be the safer bike routes. As a result of these Woodward bicycle safety issues, MDOT is funding improvements on Cass Avenue. Protected bike lanes from Lafayette to W. Grand Boulevard will be built this summer after the road is repaved.
Above all, if you ride Woodward, be careful! We’ve already heard of far too many bicycle crashes due to the rails and that was before streetcars were added to the mix.
We don’t want to add your name to the list.
