Fw: AATA - Response to Comment #5654

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Ken Clark

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Nov 12, 2009, 6:32:19 PM11/12/09
to WBWC, Eli Cooper
Apparently AATA's safety and training coordinator, and someone in the AAPD, have decided that it's OK for buses to drive in bike lanes as long as there is no cyclist there.  I sent him a reply that follows his message below.

Ken
kenc...@ameritech.net


----- Forwarded Message ----
From: "citywo...@a2gov.org" <citywo...@a2gov.org>
To: kenc...@ameritech.net
Sent: Thu, November 12, 2009 4:10:12 PM
Subject: AATA - Response to Comment #5654

Dear Ken Clark,

I will alert the driver of this. However, in speaking with the police and our safety and training coordinator, it is not illegal for a motorist to encroach the bike lane (as long as there is no bike in the path). Just like it is not illegal for you, and I have you on tape in many occasions, crossing into the path of traffic when you are on your bike. We strive to be safe at all times and will continue to do so.

Sincerely,
The Ann Arbor Transportation Authority
Contact: dhaw...@theride.org

--------------------------------------Original Inquiry--------------------------------------
Date/Time: 11/12/2009 10:00:00 AM
Nature of comment: Complaint
Comments: This driver was driving in the bike lane like it wasn't even there. The inner, right wheel was even in the bike lane. I actually had switched to the sidewalk to be nice to the driver. I watched the driver driving down the bike lane until the bus went over the hil l by the Islamic Center.

--------------------------------------------------------------------------------------------

My reply:

Dave,

Could you give me contact information for the you spoke with and your safety and training coordinator?  They should be aware of two state laws that they may be missing.

"257.611 Traffic control devices; obedience required; exception; avoiding obedience by driving on public or private property; violation as civil infraction.

Sec. 611.

(1) The driver of a vehicle or operator of a streetcar shall not disobey the instructions of a traffic control device placed in accordance with this chapter unless at the time otherwise directed by a police officer."


and


"257.642 Roadway divided into 2 or more marked lanes; applicable rules; designation as HOV lane; restrictions; exceptions; violation as civil infraction.

Sec. 642.

(1) When a roadway has been divided into 2 or more clearly marked lanes for traffic the following rules in addition to all others consistent with this act shall apply:

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety. Upon a roadway with 4 or more lanes which provides for 2-way movement of traffic, a vehicle shall be driven within the extreme right-hand lane except when overtaking and passing, but shall not cross the center line of the roadway except where making a left turn."


The 6" fog line separating the bike lane from the adjacent lane is defined in the Manual for Uniform Traffic Control Devices as a traffic control device designating the edge of the right-most lane.  I would like to have that discussion with the people you mentioned.


Thanks,
Ken
kenc...@ameritech.net


Jonathan Woodard

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Nov 12, 2009, 6:53:17 PM11/12/09
to wb...@googlegroups.com
While I'm willing to give a benefit of the doubt to the fact that it seems like there's a miscommunication here; as from what I understand, your complaint involves the bus *straddling* lanes while driving, whereas it sounds like his response is indicating that it's legal for the bus to cross the line at stops, I do love the (not so?) veiled threat about having you on tape outside the bike lane.

I agree completely that there's a problem here — not a week goes by without at least one day I fear ending up underneath the #5 on Packard. I know of other cyclists on the same commute route who share the same perception.

-JW

Jim Rees

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Nov 12, 2009, 9:35:47 PM11/12/09
to WBWC
So what is the rule for bus stops next to bike lanes? I was on a bus the
other day that stopped in the traffic lane to let me off. I looked to the
right to make sure the lane was clear before stepping off the bus, but are
all riders expected to do that? Is the bus supposed to pull into the bike
lane when it comes to a bus stop? If I'm riding my bike, and a bus stops in
the traffic lane in front of me, am I supposed to pass it on the right in
the bike lane, stop and wait for it to start up, or pass it on the left?

Andy Brush

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Nov 12, 2009, 10:03:23 PM11/12/09
to wb...@googlegroups.com, Eli Cooper
I've had pretty decent experiences commuting on Packard in the midst of buses, cars and other bikes. I've had buses overtake me (in the road), stop to let passengers off, but keep the doors closed until I pass on the right because they saw me there. Also, I appreciate them letting passengers on and off at the curb (even if there is a bike lane) because it is safer than having bus passengers walking across a lane of potential bike traffic. Overall, what I appreciate most is when I notice that the driver of these big rigs know you are there and act accordingly. I'm not sure how that fits in with the law, but I would like to notice and reward the courtesy.

-andy

________________________________________
From: wb...@googlegroups.com [wb...@googlegroups.com] On Behalf Of Ken Clark [kenc...@ameritech.net]
Sent: Thursday, November 12, 2009 6:32 PM
To: WBWC
Cc: Eli Cooper
Subject: [WBWC] Fw: AATA - Response to Comment #5654

kjmclark

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Nov 13, 2009, 8:00:10 AM11/13/09
to Washtenaw Bicycling and Walking Coalition
I've discussed this with AATA many times in the past. I've been
complaining about buses driving in bike lanes on Plymouth since the
bike lanes were first done, five or six years ago. We've always
agreed that buses shouldn't be in the bike lanes unless they have
someone to drop off or pickup. Then they should make sure they aren't
endangering any cyclists that might be in the bike lane, pull into the
bike lane shortly before the stop, pickup/drop-off passengers at the
curb, then pull out of the bike lane as soon as possible.

It sounds now like they see nothing wrong with driving down the bike
lane as long as no cyclist is using it. I'll follow up with their
"safety coordinator" when I get a chance.

Ken

Ken Clark

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Nov 13, 2009, 11:11:04 AM11/13/09
to sBr...@theride.org, WBWC, Eli Cooper
Mr. Brophy,

My name is Ken Clark.  I've been biking to work for many years in Ann Arbor, and while most of my interactions with AATA bus drivers are excellent, over the years I've had to make some infrequent complaints about things I see.

Yesterday, I left a complaint that a bus driver on the Plymouth Rd. route was driving in the bike lane as though it wasn' t there.  In the past, when I've complained about that, I was told the driver would be spoken to, since it was AATA policy that drivers should not drive in bike lanes except when dropping off/picking up passengers.  However, this time, Dave Hawkins informed me,
"However, in speaking with the police and our safety and training coordinator, it is not illegal for a motorist to encroach the bike lane (as long as there is no bike in the path)."

I think this is a misinterpretation of the law, as there are two statutes that could result in a driver being charged with civil infractions for this.  I asked Dave for your contact information so I could bring these to your attention.  I responded, with the two state laws, to Dave below.  If Dave is correct that AATA has concluded that it's legal for motorists to drive in bike lanes, could you please consider the two laws?  Also, if AATA was told by the AAPD that it is legal for motorists to drive in bike lanes, I would like contact information for the officer who told AATA that, so that I can pass along the two laws to that officer as well.

Thank you for your time and attention,
Ken Clark
kenc...@ameritech.net


----- Forwarded Message ----
From: Ken Clark <kenc...@ameritech.net>
To: David Hawkins <dhaw...@theride.org>
Sent: Thu, November 12, 2009 6:29:46 PM
Subject: Re: AATA - Response to Comment #5654

Dave,

Could you give me contact information for the you spoke with and your safety and training coordinator?  They should be aware of two state laws that they may be missing.

"257.611 Traffic control devices; obedience required; exception; avoiding obedience by driving on public or private property; violation as civil infraction.

Sec. 611.

(1) The driver of a vehicle or operator of a streetcar shall not disobey the instructions of a traffic control device placed in accordance with this chapter unless at the time otherwise directed by a police officer."


and


"257.642 Roadway divided into 2 or more marked lanes; applicable rules; designation as HOV lane; restrictions; exceptions; violation as civil infraction.

Sec. 642.

(1) When a roadway has been divided into 2 or more clearly marked lanes for traffic the following rules in addition to all others consistent with this act shall apply:

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety. Upon a roadway with 4 or more lanes which provides for 2-way movement of traffic, a vehicle shall be driven within the extreme right-hand lane except when overtaking and passing, but shall not cross the center line of the roadway except where making a left turn."


The 6" fog line separating the bike lane from the adjacent lane is defined in the Manual for Uniform Traffic Control Devices as a traffic control device designating the edge of the right-most lane.  I would like to have that discussion with the people you mentioned.


Thanks,
Ken
kenc...@ameritech.net

Ken Clark

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Nov 13, 2009, 12:20:27 PM11/13/09
to Shawn Brophy, WBWC, Eli Cooper, David Hawkins
Mr. Brophy,

I greatly appreciate your response, and your acknowledgment that "the buses should not make a habit of occupying more than one lane." I agree with your list of exceptions to normal operation, in which it would be appropriate for a motorist to temporarily disobey MCL 257.611 and MCL 257.642. I would add that the statutes clearly create a further exception for instances when a police officer temporarily directs traffic to disobey those statutes.

However, Mr. Hawkin's email gives a very different impression. None of those situations were applicable in the situation I wrote about. None of those situations were applicable when another AATA bus weaved in and out of the bike lane in front of me this morning. His email and the actions I've witnessed suggest that drivers are interpreting earlier guidance to mean that they can encroach into the bike lane at any time as long as a cyclist is not present.

I would ask that you make it clear to Mr. Hawkins and your drivers that they should make a habit of *not* operating in the bike lane unless one of the situations you listed are in effect, or when they have been directed at the time by a police officer otherwise. This appears to me to be a higher, and more appropriate given the laws cited, standard than "not making a habit of occupying more than one lane."

I am in your debt for your time and attention,
Ken Clark
kenc...@ameritech.net


>
>From: Shawn Brophy <SBr...@theride.org>
>To: Ken Clark <kenc...@ameritech.net>
>Cc: WBWC <wb...@googlegroups.com>; Eli Cooper <ECo...@a2gov.org>; David Hawkins <DHaw...@theride.org>
>Sent: Fri, November 13, 2009 11:46:02 AM
>Subject: RE: AATA - Response to Comment #5654
>
>Mr. Clark,
>
>My name is Shawn Brophy and I am the Safety, Training and
>Security Coordinator for AATA.
>
>I have read the string of e-mails and (though I don’t know
>which police officer Dave spoke with) I agree with the content of David’s
>response to you.
>David’s assertion was that it is not illegal for a
>motorist to encroach a bike lane is valid. I am familiar with the traffic
>codes you pointed out, and to the degree that the enumerated codes apply- they
>are to be construed as practicable and have exceptions. You have agreed
>that it is practicable and necessary for a bus to encroach the bike lane when
>boarding and alighting passengers. I am sure you would also agree that is
>acceptable for a motorist to encroach and cross a bike lane to access driveways
>and other entrances. A motorist can also use parts of lanes (other
>than the one they occupy) to avoid obstructions and collisions; just as a
>cyclist may encroach the drive lane if there are obstructions in their path.
>Although many of these exceptions are not explicit in the wording of the code,
>I am sure you can see that they are implied.
>
>To get more to the point and to better address your principal
>concern, the buses should not make a habit of occupying more than one
>lane. David explained that he would speak with the driver about the issue.
>We are always concerned with all of the fellow travelers who share the roads
>with us, and we have a great affinity for bicyclists and the positive affect
>they have on the environment and reduction of congestion. We strive to be
>as accessible and accommodating a partner with cyclists as possible. I
>hope you see the positive impacts of transit (and AATA specifically) in the
>community. As David responded, “We strive to be safe at all
>times and will continue to do so.”
>
>Thank you for your input and I hope this letter has been
>helpful,
>
>Shawn Brophy

CycloChemist

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Nov 13, 2009, 2:35:34 PM11/13/09
to Washtenaw Bicycling and Walking Coalition
Thanks for taking this on, Ken. Unless the city takes it upon
themselves to build bicycle tracks (no cars/only bikes) throughout the
city, maybe closing some roads to motorists, then we've got to have
bicycle lanes free of motorvehicles. Period. It is absolutely
essential to reserve that span of 3 to 4 feet and protect it from
incursions by buses and cars. I'm convinced that the sanctity of that
space is important to the encouragement of more bicycling, less
driving.

And to anyone reading this discussion and wondering about the
"crossing in and out of the lane of traffic" of Ken on a bike lane, I
assure you that Ken was dodging obstructions in the bike lane, which
are generally poorly maintained and full of leaf piles, debris,
cracks, potholes and sewer grates that cyclists need to dodge. The
far right of any lane in any city is usually the worst part of the
road - I'm not complaining that our city isn't taking care of bike
lanes, just that motorists (and at least one city employee) needs to
understand what it is like to ride a bicycle for practical
transportation.

That being said ... I just love riding my bike! Especially in
traffic! At least in Ann Arbor. Even in the dark and cold, which I
will do tonight on the RAT! 6 PM! Liberty Plaza Park (Division and
Liberty)! See you all there!!

On Nov 13, 12:20 pm, Ken Clark <kencl...@ameritech.net> wrote:
> Mr. Brophy,
>
> I greatly appreciate your response, and your acknowledgment that "the buses should not make a habit of occupying more than one lane."  I agree with your list of exceptions to normal operation, in which it would be appropriate for a motorist to temporarily disobey MCL 257.611 and MCL 257.642.  I would add that the statutes clearly create a further exception for instances when a police officer temporarily directs traffic to disobey those statutes.
>
> However, Mr. Hawkin's email gives a very different impression.  None of those situations were applicable in the situation I wrote about.  None of those situations were applicable when another AATA bus weaved in and out of the bike lane in front of me this morning.   His email and the actions I've witnessed suggest that drivers are interpreting earlier guidance to mean that they can encroach into the bike lane at any time as long as a cyclist is not present.
>
> I would ask that you make it clear to Mr. Hawkins and your drivers that they should make a habit of *not* operating in the bike lane unless one of the situations you listed are in effect, or when they have been directed at the time by a police officer otherwise.  This appears to me to be a higher, and more appropriate given the laws cited, standard than "not making a habit of occupying more than one lane."  
>
> I am in your debt for your time and attention,
> Ken Clark
> kencl...@ameritech.net
> >>kencl...@ameritech.net
> >>>>kencl...@ameritech.net
>
> >>>From:>>>"cityworks...@a2gov.org" <cityworks...@a2gov.org>
> >>>To: kencl...@ameritech.net
> >>>Sent: Thu, November 12, 2009 4:10:12 PM
> >>>Subject: AATA - Response to Comment #5654
>
> >>>>>>Dear Ken Clark,
>
> >>>>>>I will alert the driver of this. However, in speaking with the police and our
> >>>safety and training coordinator, it is not illegal for a motorist to encroach
> >>>the bike lane (as long as there is no bike in the path). Just like it is not
> >>>illegal for you, and I have you on tape in many occasions, crossing into the
> >>>path of traffic when you are on your bike. We strive to be safe at all times
> >>>and will continue to do so.
>
> >>>>>>Sincerely,
> >>>>>>The Ann Arbor Transportation Authority
> >>>>>>Contact: dhawk...@theride.org

Ken Clark

unread,
Nov 13, 2009, 4:46:45 PM11/13/09
to WBWC
I thought you all should see this. I'm open to any suggestions as to how to respond. I'm inclined at this point to not respond at all, since this is one of the more offensive responses from a public employee I've seen.

I think it's encouraging that he seems to agree in the last paragraph that AATA drivers shouldn't be driving in bike lanes, though he never comes out and actually says that.

I certainly won't be voting for any more AATA millages in the future, though that *really* pains me, since we desperately need good transit in Michigan.

Ken
kenc...@ameritech.net

----- Forwarded Message ----
> From: Shawn Brophy <SBr...@theride.org>
> To: Ken Clark <kenc...@ameritech.net>

> Cc: Eli Cooper <ECo...@a2gov.org>; David Hawkins <DHaw...@theride.org>
> Sent: Fri, November 13, 2009 12:49:17 PM
> Subject: RE: AATA - Response to Comment #5654
>
> Mr. Clark,
>

> I cannot speak to your impression of Mr. Hawkins's e-mail, whether implied or
> inferred. I can only assert that the context and content seem appropriate to
> me. David said he would alert the driver of the issue. Perhaps he should have
> used the phrase "on a related note" rather than "however" when transitioning to
> his understanding of the traffic codes. Other than that, it was concise and to
> the point. His opening statement about "alerting the driver" was the principal
> response to your complaint. Essentially he agreed with the assertion of your
> e-mail and concluded that the driver needed to be made aware of his/her
> actions. The extemporaneous addition included in the body of the e-mail was
> simply a recitation of his understanding of the laws as they apply to the
> situation, generally.
>
> More importantly, you are misinterpreting David's explanation of the presence of
> bicycles as that of "earlier guidance" for operators to freely weave between
> lanes. I assure you, this is most certainly not the case. Operators are
> trained and instructed to maintain proper lane position, unless any of the
> aforementioned exceptions apply. To the degree that any of our drivers deviate
> from this standard, you notifying us is helpful for corrective measures to be
> taken with the operator, when appropriate.
>
> I hope this clears up any misunderstandings,
>
> Shawn

kjmclark

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Nov 13, 2009, 5:10:16 PM11/13/09
to Washtenaw Bicycling and Walking Coalition
Frank,

Actually, what I suspect Mr. Hawkins is talking about is that if one
of their buses doesn't seem to be getting over as needed to pass at a
safe distance, I get out of the bike lane to make it clear that they
need to move over to pass. Recall that the MI Supreme Court ruled
decades ago that a truck driver could still be considered negligent
passing at 4ft. If a bus is trying to pass at full speed in the right
lane while I'm in the narrow bike lanes on Plymouth, they're not
passing at a safe distance. I've done the math for them many times to
make that clear. MCL 257.660a says I don't have to stay to the right
if the lane is too narrow for a motorist to pass a bicyclist safely
without moving over. In the past they've agreed that their buses have
to get over some on Plymouth to pass a cyclist. Some parts of Pontiac
Trail have the same problem. Don Todd did a pretty good job of
putting in decent bike lanes, only to have another crew come in and
botch the job.

OTOH, when it's clear that the bus driver is moving over to pass
safely, I don't leave the bike lane. There's no point in getting
over, since the bus driver is passing safely. I interpret the law to
say that if the bike lane is usable, I generally have to use it unless
one of the exceptions apply.

That's all assuming the bike lane is usable. In the winter, that all
goes out the window, since the bike lanes usually become snow
storage. With narrow bike lanes, issues come up more frequently.

Ken
kenc...@ameritech.net

Paul Alman

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Nov 13, 2009, 7:48:32 PM11/13/09
to wb...@googlegroups.com
Frank:

Only one comment. You state:

>> And to anyone reading this discussion and wondering about the
>> "crossing in and out of the lane of traffic" of Ken on a bike lane, I
>> assure you that Ken was dodging obstructions in the bike lane, which
>> are generally poorly maintained and full of leaf piles, debris,
>> cracks, potholes and sewer grates that cyclists need to dodge. The
>> far right of any lane in any city is usually the worst part of the
>> road -

My basic understanding of cycling safety is that "weaving" in and out
of the lane of traffic, regardless of the reason (parked cars,
potholes, leaves, etc.) is one of the most dangerous of all riding
practices. If the so-called "bike lane" is not safe for riding, then
I suggest taking your place "as far to the right as practicable" as
the law states. I have found that regardless of what the road is,
whether there are bike lanes or not, the first foot or so to the right
of the "fog line" (again whether there is a shoulder, bike lane or
whatever to the right of this fog line) will almost (almost) always be
swept clear by the passing traffic. Any experienced rider learns that
one of the best skills to learn is moving the wheels of the bike to
the left or right while maintaining a centered position on the bike,
so you can miss these obstacles without swerving into the path of the
traffic.

Secondly, I don't understand Ken's comment:

> If a bus is trying to pass at full speed in the right
> lane while I'm in the narrow bike lanes on Plymouth, they're not
> passing at a safe distance.

Full speed on Plymouth Road is 35mph, and if you are in the bike lane,
I would expect you are certainly far enough away from the right of the
bus to be able to hold your line. If the bus is riding with wheels in
the bike lane, that is another story entirely. The "safe distance" is
in whose eyes? The bus driver in his 40,000 steel tank, or the
cyclists who is out there basically naked.

The whole "3 feet" or "4 feet" argument is a bit specious, IMO. I
have told drivers to stick their arms out the window while they are on
an expressway and a car is passing them even 15 mph faster than they
are. Stretch it as far as you can. If you can touch the passing
vehicle, that might be 3 feet or a bit less. Does that feel like a
reasonable and safe passing distance? Hell no! Now think of what that
feels like for a cyclists when they are passed on say, Scio Church
Road, where cars routinely drive 55 or 60 mph, and even if the
cyclists is on the wide shoulder? Any mandated distance, as Ken
knows from experience, is never going to work in all situations.

I also don't think (and I will try to check this) that in Ann Arbor,
even if there is a bike lane "I have to use it." May, perhaps, but
not must.

Paul
Paul Alman
pda...@att.net
734-775-1156



Bonnie Nolan

unread,
Nov 14, 2009, 9:55:44 AM11/14/09
to wb...@googlegroups.com, Eli Cooper
Ken,
Sorry to hear about all of this and thanks for following through with AATA. 

On a positive note ... I take the Packard route twice a day for work, and the AATA drivers on that route tend to respect bicyclists and the lane.  Specifically, Friday around noon, the incoming #5 bus needed to let a rider off with his bike.  This driver did not even pull over into the bike lane to drop the passenger off.  The driver had a string of cars behind the bus and they just stopped in the lane, the rider hustled off, got his bike and everyone went along like it was the most common, natural thing to have happen on a Friday afternoon - IT WAS AWESOME to witness.  Nobody got pissed off, no body got hurt, nobody was delayed, it was slick and I was proud of Ann Arbor.

peace,
bonnie



On Thu, Nov 12, 2009 at 6:32 PM, Ken Clark <kenc...@ameritech.net> wrote:



--
it is what we make of it
--

Ken Clark

unread,
Nov 16, 2009, 10:37:49 PM11/16/09
to Shawn Brophy, Eli Cooper, David Hawkins, WBWC

Mr. Brophy,

At this point, I regret that all that is clear to me is that AATA’s public relations training is either ineffective or doesn’t cover enough employees. I just had such training, and our instructor would be appalled with a technique of circling the wagons and blaming the customer for any misunderstanding. I think that would be a good method of achieving one’s goals if those goals included making a customer a strong opponent of the next AATA millage. This email chain has very nearly succeeded in that.

I’m not asking for something difficult, but most of what I’ve seen so far is either provoking or equivocating. What I would like at this point is a one-sentence statement that makes AATA policy about buses and bike lanes clear. This should be simple enough for my 4th grade son to understand. I would suggest something like:
“It is AATA policy that our drivers follow all applicable laws; in particular, our drivers do not operate their vehicles in bicycle lanes except when picking up or dropping off passengers, when directed at the time to use the bike lane by local officials, pulling into or out of driveways that cross bike lanes, or when otherwise necessary at the time to ensure the safety of our staff, passengers, and members of the public.”

I would strongly recommend, once there is such a policy statement, that it be sent through someone on AATA’s staff who is designated for communicating with the public.

I would really like to be able to write a letter to the AATA Board about how helpful you were in addressing my concerns about AATA buses being operated in bike lanes. I look forward to hearing from AATA soon, as I plan to contact the Board about this issue in early December.

Thank you,
Ken Clark
kenc...@ameritech.net

kjmclark

unread,
Nov 16, 2009, 11:45:08 PM11/16/09
to Washtenaw Bicycling and Walking Coalition
So first, I certainly don't "cross in and out of the lane of traffic"
frequently. As I noted before, as vehicles approach from the rear on
Plymouth in the section with bike lanes, I evaluate the width of the
vehicle and whether it looks as though they intend to move over into
the adjacent lane. For the vast majority of vehicles, basically
anything smaller than a UPS truck, I just stay in the bike lane and
they pass mostly at a reasonable distance.

If the vehicle that's approaching is a large truck, I then consider a
few things.
- If they pass without getting over, will they be passing at a safe
distance as required by law?
- Will they be passing moving at about the same speed as I am, or
significantly faster?
- Do I have a safe opportunity to move over, without affecting other
traffic, and allowing the driver of the truck/bus a safe distance to
slow down behind me?

If they're passing me slowly, I'm much more likely to stay in my
standard 2' from the gutter pan seam. There's much more time for
everyone to react as necessary if they're passing less than 10mph or
so faster than I'm traveling.

Otherwise, and if it's clear they'll have to pass with less than 3' of
clearance, and I have a safe opportunity to move out of the bike lane,
I take that as one of the too-little-room situations that 257.660a has
an exception for. If there isn't enough room for them to pass safely
in the right lane plus the bike lane, I'm no longer required to keep
to the right, so I move over enough to make it clear that they need to
get over to pass. I don't see that as much different from country
roads with oncoming traffic. If an overtaking motorist would put me,
themself, and the oncoming motorist in danger by passing dangerously,
then it seems perfectly reasonable for me to move to the middle of the
lane and prevent the conflict. I then move back to the right when
it's safe for the overtaking motorist to pass.

And here's the math. Before they put in the bike lane, Plymouth had a
13.5' right lane, and a 12' left lane. They took just under 3' out of
that for the bike lane. So now you have about an 11' left lane and an
11.5' right lane. So there are 14.5' in the right lane plus the bike
lane. I ride so that my tire is about 2' from the gutter pan seam.
My shoulders are about 2' wide, so my left shoulder goes another foot
past where my tire is. That's about 3' from the gutter pan seam, and
just inside the bike lane. Their bus is about 8' wide. So if their
bus is all the way to the left of the right most lane, they are
passing less than 4' from my shoulder. (11.5' - 8'). If they're
passing fairly slowly, that's just enough room, but they have to be
driving on the dashed lane line to pull that off. I've found their
drivers don't do that, and they generally shouldn't. So they end up
significantly less than 4' from my shoulder, and usually pass at full
speed.

That fits the scenario from the Stockfisch v. Fox Michigan Supreme
Court decision from 1936:
"Four to six feet from right edge of an 18-foot pavement with gravel
shoulder held, not a safe distance as a matter of law for trucker to
pass bicyclist when overtaking latter without warning at a speed of 25
or more miles per hour although bicycle occupies only 18 inches or two
feet of the space, too little margin being allowed for possible change
of position of the bicycle or [***2] because bicyclist may be startled
by unheralded appearance of truck."

So, according to the Michigan Supreme Court, 4 feet is not a safe
passing distance for a truck driver, or bus driver in this case, to
pass a cyclist.

Finally, Paul is right that there is nothing that specifically
requires a cyclist to use a bike lane. However, we *are* required to
stay as near to the right as practicable (with exceptions), we are
required to obey traffic control devices, and we are required to as
much as practicable stay entirely within one lane. The lane line
separating the bike lane from the adjacent lane is a traffic control
device. Even though there is no definition of a bike lane in Michigan
law or Ann Arbor ordinance, they are defined in the Manual on Uniform
Traffic Control Devices, so they are kind-of defined. In a community
that has adopted Michigan Uniform Traffic code (Ann Arbor hasn't),
bike lanes are defined.

So if the bike lane is usable, I generally stay within it. If at any
time using the bike lane becomes more dangerous than getting out of
the bike lane, I get out of it, making sure that I can do so safely
and legally.

Ken

kjmclark

unread,
Nov 17, 2009, 12:33:06 PM11/17/09
to Washtenaw Bicycling and Walking Coalition
Bonnie,

Yeah, I think the vast majority of cases are like what you saw.
Really, I think AATA has mostly good drivers. Most of the AATA
drivers I deal with are not a problem. They just have a problem on
Plymouth, and I expect it's a few problem drivers.

But the bigger problem is that the proper response from AATA would be
to say "We respect bicyclists rights to use the road, we obey the laws
around cyclists, we don't drive in bike lanes, and anyone we catch
doing that will be disciplined." I agreed with them several years ago
that it was reasonable to pull into the bike lane to drop off and pick
up passengers (as long as they don't squish someone using the bike
lane!). I'd never mention that as a problem. But these drivers are
driving down bike lanes like they aren't there, for hundreds of feet;
the AATA guy who handles complaints and compliments responded that
there's nothing wrong with it and what's my problem anyway; and their
"safety and training coordinator" can't seem to say what their rules
are, and it's all my fault for misunderstanding their complaint guy's
smart remark. I expected Mr. Brophy to say "Wow, I'm sorry, I have no
idea where Mr. Hawkins got that. Our rule is our drivers don't drive
in bike lanes. We tell them, when making a stop, make sure you check
to make sure the bike lane is clear, and pull into it and out of it
close to the stop. I'll go over this with Mr. Hawkins. Thanks for
bringing it to my attention." So much for what I thought.

And this morning, as I'm headed in to work, what do I see coming the
other way? Bus 427, the in-bound Plymouth Rd. bus, driving in the
bike lane like it isn't there...

BTW, when you see an AATA driver doing something great or terrible,
please put in a quick note at the AATA website, www.theride.org/tellus.asp.
I get the impression sometimes that they never get comments or
complaints from anyone else, so they think I'm just a kook who likes
to complain.

Ken

Paul Alman

unread,
Nov 17, 2009, 12:35:14 PM11/17/09
to wb...@googlegroups.com
I was not talking specifically about Ken's riding on Plymouth Road, but about the general safety of moving back and forth from the most practicable line. I think we all know that following a cyclists who rides consistently and predictably is far more safe for us as drivers than one whose actions are less consistent.

Of course all of us move as necessary for our safe passage. As far as the math is concerned, fine, but I still will use my judgement rather than a ruler...

I have also been tempted at times, particularly on Scio Church Road, to move into the center of the lane to caution on coming traffic not to pass another vehicle. I stopped that practice a number of years ago, when my obvious "signal" had no effect, and the driver passing and driving in "my lane" thought it would be better to pass me on my inside - yup, between me and the shoulder of the road which back then was nearly non-existent! Fortunately I was able to "bail out" and all was fine except for my discolored shorts...

Paul
Paul Alman
pda...@att.net
734-775-1156



CycloChemist

unread,
Nov 18, 2009, 7:58:25 PM11/18/09
to Washtenaw Bicycling and Walking Coalition
Whoa, Paul! I've gone that route in-town approaching a stop light,
pulling into the lane center, that is, and the curb prevented the
driver from going to my right. Instead, he went to my left, with only
50 feet to go to the stop light, pulled in sharply to the right,
stopped at the light and turned right. Just to get around me as I was
trying to indicate by lane position that he ought to come to a stop
behind me.

I, I ..aiy yi yi ... dunno about the weaving thing. Dead cats and
broken glass in the bike lane make me weave, now and then, but usually
not in a "Crazy Ivan" pattern. A safer approach to fending off close
passing traffic from behind is to look over your left shoulder as if
you were considering a move to the left. This little signal was
recommended by the Toronto bike group, posted in a previous link by
moi. I've tried this on Packard and it works great! At least it
seems to be effective for drivers who aren't homicidal maniacs. Most
drivers aren't. Seems you encountered one who might have been
borderline, though.
> pdal...@att.net
> 734-775-1156

Paul Alman

unread,
Nov 19, 2009, 11:44:19 AM11/19/09
to wb...@googlegroups.com
I think we are on the same page here Frank, but at different paragraphs.

I was referring to the comment by Ken regarding on-coming traffic making a pass into the lane I was using, going in the opposite direction. As I said, very scary.

I also have been the recipient of the "I can pass this cyclists with plenty of time to make my right turn" mentality many times. The first time I was ever hit by a car, back in Bucks County in 1973 or so, it was by a right turning car, the driver of which said "Gee, I thought I had plenty of time..."

I totally agree about making as many clear signals as possible to alert drivers of your intention; I used to use the look over the shoulder, stare at the car most likely to cause the problem when I made my move. It certainly was the most effective way to handle that situation, much more so than just sticking your arm out and hoping it gets someones attention. The only problem, and it is mine alone I hope, is that my broken and screwed together C-2 vertebra gives me only very limited lateral movement of my head, making the look-over-the-shoulder maneuver more like a 15 degree shrug.

Paul
Paul Alman
pda...@att.net
734-775-1156



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