Bike Paths vs. Roadways – Where Must We Ride?
By SARAH W. COLEGROVE & TODD E. BRIGGS
As most of us know, as long as we abide by the rules of the road, bicyclists are legally entitled to ride on the road. According to Michigan law,1 a bicycle is considered a vehicle and its operator is entitled to reasonable use of the road. However, if there is a usable and designated path adjacent to a roadway, a cyclist MAY be required by local ordinance to use that path. If the cyclist is less than 16 years old, he or she is required to use the path unless accompanied by an adult.
So, if there is a designated bike path next to the road and there’s a local ordinance requiring use of that path, are we required to cycle on it? In order to answer this question, we first need to define “roadway,” “path adjacent to a roadway,” and “usable.” "'Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel. A bicycle “path adjacent to a roadway” refers to paths that run parallel to the road that are detached from the road and also to paths reserved as bicycle lanes that are physically attached to the road surface.
Since the definitions of “roadway” and “adjacent path” are pretty straightforward, the answer to this question really depends on the definition of “usable path.” In our research of the Michigan code and case law, we were unable to find a precise definition of “usable path.” When language in a statute is not specifically defined, words and phrases should be interpreted according to their plain and ordinary meaning, taking into account the context in which the words are used. Resorting to the dictionary definition is an appropriate method to determine a word or phrase’s meaning.
Webster defines “usable” as “that (which) can be used; fit for use.” Obviously, what is fit for use is dependent on the speed of the cyclist, the type of bike, and the condition of path, to name a few factors. Most paths are not designed for travel at speeds exceeding 10 miles per hour and pedestrians always have the right of way. There may be occasions, however, when a bike path might be adequate and should be used. Michigan is too large a state to be aware of all the intricacies and conditions of the available cycling paths, and we are incapable of discussing all possible scenarios. If a police officer asks you to ride on a path as opposed to the road, we do not recommend disobeying him or her. Discuss the matter with the officer. If he or she still insists on the use of the path and you do not feel that it is usable, it is a matter that you may decide to broach with your local police department, city council or governing body. In our experience, if a cyclist is riding responsibly, an officer will not detain or ticket cyclists, even if an ordinance or other law has been violated. Unfortunately, there is not a clear-cut answer to this question
Bottom line: know your local cycling ordinances, use common sense and ride safely!
©2006 Sarah W. Colegrove and Todd E. Briggs.
