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