Michigan Bicycle Laws
Nearly all laws related to bicycling are at the state level. State law gives
local communities limited abilities to further regulate bicycles through local
ordinance, however those regulations must be clearly signed otherwise it is
not enforceable.
Act
51 of 1951: Section 247.660k Act 51 defines how Michigan's state fuel
tax is distrbuted and used. Counties and cities (but not townships) receiving
substantial road funding from this source. One condition is they must spend
1% of that funding on non-motorized transportation such as sidewalks and
bike lanes. Unfortunately that spending is not audited by the state. Citizens
are able to request that information from their counties and cities to see
where the money is being spent.
Michigan's
Uniform Traffic Code (UTC) These are road laws that supplement the Michigan
Vehicle Code (MVC). There are drafted by the Michigan State Police and based
on the national Uniform Vehicle Code. The State recommends local communties
include the UTC in their local ordinances.
Michigan's
Highway Exception How does it apply to bicyclists? A VeloNews article
by Robert Mionske JD
Michigan
Supreme Court Decision Supreme Court defines/limits scope of exception to governmental immunity
Act
283 of 1909 Public Highways and Public Roads: a large
portion of the original provisions have been repealed.
County Road Law: Part of Act 283 of 1909
Excerpt -- 224.21 (2) A county shall keep in reasonable repair, so that they
are reasonably safe and convenient for public travel, all county roads, bridges,
and culverts that are within the county's jurisdiction, are under its care
and control, and are open to public travel.
Act
359 of 1947 The Charter Township Act: allows the regulation
of usage for streets, alleys, bridges and public places
Act
170 of 1964 Governmental Liability for Negligence a.k.a. Government Immunity Act
Excerpt -- Sec. 2 (1) Except as otherwise provided in section
2a, each governmental agency having jurisdiction over a highway shall maintain
the highway in reasonable repair so that it is reasonably safe and convenient
for public travel. A person who sustains bodily injury or damage to his or
her property by reason of failure of a governmental agency to keep a highway
under its jurisdiction in reasonable repair and in a condition reasonably safe
and fit for travel may recover the damages suffered by him or her from the
governmental agency. The liability, procedure, and remedy as to county roads
under the jurisdiction of a county road commission shall be as provided in
section 21 of chapter IV of 1909 PA 283, MCL
224.21. The duty of the state and the county road commissions to repair
and maintain highways, and the liability for that duty, extends only to the
improved portion of the highway designed for vehicular travel and does not
include sidewalks, trailways, crosswalks, or any other installation outside
of the improved portion of the highway designed for vehicular travel.
The following are highlighted excerpts from Michigan's compiled laws that
regulate bicycles and bicycling. It is by no means complete and cycling may
be also be regulated through local ordinances:
| MICHIGAN VEHICLE CODE -- Act
300 of 1949 |
257.4 “Bicycle” defined.
“
Bicycle” means a device propelled by human power upon which a person
may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement,
all of which are over 14 inches in diameter.
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257.606
Regulation of streets or highways under jurisdiction of local authority...
(1) The provisions of this chapter shall not be considered to
prevent local authorities with respect to streets or highways under the
jurisdiction of the local authority and within the reasonable exercise
of the police power from:
(i) Regulating the operation of bicycles and requiring the registration
and licensing of bicycles, including the requirement of a registration
fee.
(3) An ordinance or regulation enacted under subsection (1)(a), (d),
(e), (f), (g), (i), or (j) 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. The posting of signs giving the notice
shall not be required for a local ordinance which does not differ from
the provisions of this act regulating the parking or standing of vehicles;
nor to ordinances of general application throughout the jurisdiction
of the municipalities enacting the ordinances which prohibit, limit,
or restrict all night parking or parking during the early morning hours,
if signs, approximately 3 feet by 4 feet, sufficiently legible as to
be seen by an ordinarily observant person, giving notice of these ordinances
relating to all night parking or parking during the early morning hours,
are posted on highways at the corporate limits of the municipality.
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| 257.605
Applicability and uniformity of provisions; local laws and regulations;
payment and allocation of civil fines; issuance of more than 1 citation;
equipment violations; definitions.
(1) This chapter and chapter VIII apply uniformly throughout
this state and in all political subdivisions and municipalities in the
state. A local authority shall not adopt, enact, or enforce a local law
that provides lesser penalties or that is otherwise in conflict with
this chapter or chapter VIII.
(2) A local law or portion of a local law that imposes
a criminal penalty for an act or omission that is a civil infraction
under this act, or that imposes a criminal penalty or civil sanction
in excess of that prescribed in this act, is in conflict with this act
and is void to the extent of the conflict.
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257.648
Signals for stopping or turning; violation as civil infraction.
(1) The driver of a vehicle or bicycle upon a highway, before stopping
or turning from a direct line, shall first see that the stopping or turning
can be made in safety and shall give a signal as required in this section.
(2) A signal required in this section shall be given either by means
of the hand and arm in the manner specified in this section, or by a
mechanical or electrical signal device which conveys an intelligible
signal or warning to other highway traffic, except as otherwise provided
in subsection (3). When a signal is given by means of the hand and arm,
the driver shall indicate his or her intention to stop or turn by extending
his hand and arm from and beyond the left side of the vehicle and signal
as follows:
(a) Left turn ..... hand and arm extended horizontally.
(b) Right turn ..... hand and arm extended upward.
(c) Stop or decrease speed ..... hand and arm extended downward.
(4) A person who violates this section is responsible for a civil infraction.
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257.656
Violations of §§ 257.656 to 257.661a as civil infractions;
duty of parent or guardian; regulations applicable to bicycles and
motorcycles.
(1) A person who violates any of sections 656 to 661a is responsible
for a civil infraction.
(2) The parent of a child or the guardian of a ward shall not authorize
or knowingly permit the child or ward to violate this chapter.
(3) The regulations applicable to bicycles under sections 656 to 662
shall apply when a bicycle is operated upon a highway or upon a path
set aside for the exclusive use of bicycles, subject to those exceptions
stated in sections 656 to 662.
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257.657
Rights and duties of persons riding bicycle, electric personal assistive
mobility device, or moped or operating low-speed vehicle.
Each person riding a bicycle, electric personal assistive mobility device,
or moped or operating a low-speed vehicle upon a roadway has all of the
rights and is subject to all of the duties applicable to the driver of
a vehicle by this chapter, except as to special regulations in this article
and except as to the provisions of this chapter which by their nature
do not have application
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257.658
Riding on seat of bicycle, motorcycle, or moped; number of persons;
crash helmets; rules; requirements for autocycle.
(1) A person propelling a bicycle or operating a motorcycle or moped
shall not ride other than upon and astride a permanent and regular seat
attached to that vehicle.
(2) A bicycle or motorcycle shall not be used to carry more persons
at 1 time than the number for which it is designed and equipped.
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257.659
Riding while attached to streetcar or vehicle.
A person riding upon a bicycle, moped or motorcycle, coaster, roller
skates, sled, or toy vehicle shall not attach the same or himself to
a streetcar or vehicle upon a roadway.
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257.660 Bicycles...; operation on roadway; use of bicycle path; passing; operation of bicycle or moped on sidewalk...
Sec. 660.
(1) A person operating an electric personal assistive mobility device, low-speed vehicle, or moped upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. A motorcycle is entitled to full use of a lane, and a motor vehicle shall not be driven in such a manner as to deprive a motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated 2 abreast in a single lane.
(2) A person riding an electric personal assistive mobility device, motorcycle, or moped upon a roadway shall not ride more than 2 abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles.
(3) Where a usable and designated path for bicycles is provided adjacent to a highway or street, a person operating an electric personal assistive mobility device may, by local ordinance, be required to use that path.
(4) A person operating a motorcycle, moped, low-speed vehicle, or electric personal assistive mobility device shall not pass between lines of traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-way street or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane.
(5) A person operating an electric personal assistive mobility device on a sidewalk constructed for the use of pedestrians shall yield the right-of-way to a pedestrian and shall give an audible signal before overtaking and passing the pedestrian.
(6) A moped or low-speed vehicle shall not be operated on a sidewalk constructed for the use of pedestrians.
(7) A low-speed vehicle shall be operated at a speed of not to exceed 25 miles per hour and shall not be operated on a highway or street with a speed limit of more than 35 miles per hour except for the purpose of crossing that highway or street. The state transportation department may prohibit the operation of a low-speed vehicle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.
(8) This section does not apply to a police officer in the performance of his or her official duties.
(9) An electric personal assistive mobility device shall be operated at a speed not to exceed 15 miles per hour and shall not be operated on a highway or street with a speed limit of more than 25 miles per hour except to cross that highway or street.
(10) The governing body of a county, a city, a village, an entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance, which is based on the health, safety, and welfare of the citizens, regulate the operation of electric personal assistive mobility devices on sidewalks, highways or streets, or crosswalks. Except as otherwise provided in this subsection, a governing body of a county, city, village, entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the operation of electric personal assistive mobility devices in an area open to pedestrian traffic adjacent to a waterfront or on a trail under their jurisdiction or in a downtown or central business district. Signs indicating the regulation shall be conspicuously posted in the area where the use of an electric personal assistive mobility device is regulated.
(11) Operation of an electric personal assistive mobility device is prohibited in a special charter city and a state park under the jurisdiction of the Mackinac Island state park commission.
(12) Operation of an electric personal assistive mobility device may be prohibited in a historic district.
(13) The department of natural resources may by order regulate the use of electric personal assistive mobility devices on all lands under its control.
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257.661
Carrying package, bundle, or article on bicycle, electric personal
assistive mobility device, moped, or motorcycle.
A person operating a bicycle, electric personal assistive mobility device,
moped, or motorcycle shall not carry any package, bundle, or article
that prevents the driver from keeping both hands upon the handlebars
of the vehicle.
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257.662
Bicycles or electric personal assistive mobility device; equipment;
violation as civil infraction.
(1) A bicycle or an electric personal assistive mobility device being
operated on a roadway between 1/2 hour after sunset and 1/2 hour before
sunrise shall be equipped with a lamp on the front which shall emit a
white light visible from a distance of at least 500 feet to the front
and with a red reflector on the rear which shall be visible from all
distances from 100 feet to 600 feet to the rear when directly in front
of lawful lower beams of head lamps on a motor vehicle. A lamp emitting
a red light visible from a distance of 500 feet to the rear may be used
in addition to the red reflector.
(2) A bicycle shall be equipped with a brake which will enable the operator
to make the braked wheels skid on dry, level, clean pavement.
(4) A person shall not sell, offer for sale, or deliver for sale in
this state a bicycle or a pedal for use on a bicycle, either of which
was manufactured after January 1, 1976, unless it is equipped with a
type of reflex reflector located on the front and rear surfaces of the
pedal. The reflector elements may be either integral with the construction
of the pedal or mechanically attached, but shall be sufficiently recessed
from the edge of the pedal, or of the reflector housing, to prevent contact
of the reflector element with a flat surface placed in contact with the
edge of the pedal. The pedal reflectors shall be visible from the front
and rear of the bicycle during the nighttime from a distance of 200 feet
when directly exposed to the lower beam head lamps of a motor vehicle.
(5) A person shall not sell, offer for sale, or deliver for sale in
this state a bicycle manufactured after January 1, 1976 or an electric
personal assistive mobility device unless it is equipped with either
tires which have reflective sidewalls or with wide-angle prismatic spoke
reflectors. If the bicycle or the electric personal assistive mobility
device is manufactured with reflective sidewalls, the reflective portion
of the sidewall shall form a continuous circle on the sidewall, and may
not be removed from the tire without removal of tire material. If the
bicycle is equipped with wide-angle prismatic spoke reflectors, the reflectors
of the front wheel shall be essentially colorless or amber, and the reflectors
on the rear wheel shall be essentially colorless or red. Reflective sidewalls
or spoke reflectors shall cause the bicycle to be visible from all distances
from 100 feet to 600 feet when viewed under lawful low beam motor vehicle
head lamps under normal atmospheric conditions.
(6) A person who violates subsection (1) or (2) is responsible for a
civil infraction.
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257.679a
Limited access highway; pedestrians and certain vehicles prohibited;
bicycles permitted on paths; violation as civil infraction.
(1) A person shall not operate a motorcycle with less than a
125 cubic centimeter engine, moped, farm tractor, or other self-propelled
farm implement, nor shall a pedestrian, bicycle, except
as provided in this section, or other nonmotorized traffic be permitted
on a limited access highway in this state. Bicycles shall
be permitted on paths constructed separately from the roadway and designated
for the exclusive use of bicycles.
(2) A person who violates this section is responsible for a civil infraction. |
257.732
Record of cases; ... entering abstracts on master driving record;
exceptions;
(16) Except for controlled substance offenses described in subsection (4), the court shall not submit, and the secretary of state shall discard and not enter on the master driving record, an abstract for a conviction or civil infraction determination for any of the following violations:
(d) A pedestrian, passenger, or bicycle violation, other than a violation of section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance substantially corresponding to section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or section 624a or 624b or a local ordinance substantially corresponding to section 624a or 624b.
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| TOWNSHIP ORDINANCES -- Act 246 of 1945 |
| 41.181
Adoption of ordinances by township board.
(1) The township board of a township, at a regular or special meeting
by a majority of the members elect of the township board, may adopt ordinances
regulating the public health, safety, and general welfare of persons
and property, including, but not limited to ordinances concerning fire
protection, licensing or use of bicycles, traffic, parking
of vehicles, sidewalk maintenance and repairs, the licensing of business
establishments, the licensing and regulating of public amusements, and
the regulation or prohibition of public nudity, and may provide sanctions
for the violation of the ordinances. The township shall enforce the ordinances
and may employ and establish a police department with full power to enforce
township ordinances and state laws. If state laws are to be enforced,
a township shall have a law enforcement unit or may by resolution appropriate
funds and call upon the sheriff of the county in which the township is
located, the department of state police, or another law enforcement agency
to provide special police protection for the township. The sheriff, department
of state police, or other local law enforcement agency shall, if called
upon, provide special police protection for the township and enforce
local township ordinances to the extent that township funds are appropriated
for the enforcement. Special township deputies appointed by the sheriff
shall be under the jurisdiction of and solely responsible to the sheriff.
Ordinances regulating traffic and parking of vehicles and bicycles shall
not contravene the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. |
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