Proposed Bicycle Safe-Passing Bills are Passing Fancies

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As BUMPS recognizes the one year anniversary of the Kalamazoo area bicycling tragedy, where nine riders were killed or seriously injured when a pickup plowed through their riding group, we also recognize the efforts that have taken place since that time to make bicycling safer on Michigan roads and streets. 

Top, left to right: Debbie Bradley and Melissa Fevig-Hughes. Bottom, l to r: Tony Nelson, Larry Paulik and Suzanne Sipp, killed one year ago in K'zoo

Shortly after the crash, the cities of Portage and Kalamazoo passed ordinances requiring a 5-foot distance between passing drivers and bicyclists, but there aren’t similar rules at the state level.

In February, Republican State Representative Holly Hughes of Montague introduced House Bill 4265, which would require drivers to leave at least 5 feet cushion space between them and a bicyclist they are passing.  HB 4265 is currently in committee.

Also in February, Republican State Senator Margaret O’Brien of Portage introduced two bills in the Senate that would accomplish the same thing: Senate bill 123 and SB 170.  Another amendment O’Brien is pushing for would require drivers’ training to include lessons on how to safely share the road with bicyclists, motorcyclists and “other vulnerable roadway users.”

Staffers for O'Brien hope to see a vote on these bills with perhaps more safety amendments by the end of summer.  The relevant part of SB 123 is shown below:

And with minor differences, Hughes bill in the house is identical in sentiment, as is the existing local laws in Portage and K'zoo.  When the ordinance in Kalamazoo Township was passed, there was some dissent, as there may be at the state level if it comes to a vote.  

Trustee Nicolette Leigh stated at the vote that the 5 ft. distance was arbitrary, the law would create an elite protected class of travelers, it would be unenforceable, not be possible on certain streets, and potentially dangerous for drivers.  She added that it did not make any sense, it's a feel-good action, and laws should not be used as an educational tool.  She voted against it.

I can't disagree with what Trustee Leigh, because she is right on all counts, however, Michigan definitely needs a quality safe-passing law concerning bicycles, and neither of these laws, despite their well intentions, does the job.  If our lawmakers were smart, they would look at what many other states have done to protect vulnerable bicyclists on the road with their lawcraft.

Many states have adopted the four elements of the League of American Bicyclist's Model Passing Law template.  The Michigan bills proposed and local ordinances of Kalamazoo only get the first two elements, while leaving out the very important last two elements. 

The third element covers how to properly pass a bicycle when in a no-passing zone, a non-rider cannot imagine how often you get passed on a bicycle while cresting a hill or going around a blind curve.  You think it would be common sense, but it needs to be codified. 

The fourth element is the most important, it gives bite to the law, it makes enforcement possible when the motorist fails to operate safely while passing a bicycle, and yet it is such a simple concept.  "The collision of a motor vehicle with a person operating a bicycle is prima facie evidence of a violation of this section" 

This means that if the circumstances of a collision (while passing) are not clear then law enforcement should issue a citation to the driver for violating the safe-passing law or conduct an investigation that provides evidence that rebuts the presumption. This enforcement mechanism ensures a thorough investigative process occurs for the crash type that is most likely to result in the death of a person using a bicycle.

If you review Trustee Leigh's objections, and any other objections you can think of, the model passing law does, or is likely to, address them in a manner much better than the Michigan bills and laws provided above.  Ironically, it also imposes less duties on motorists.  Please contact these congresswomen and let them know what to add to their bills to give them some relevance to what they are trying to accomplish.