[SBC] Somerville Bicycle Regulations

[Stephen Winslow]

David:

Regarding concern in some quarters about the Somerville ordinance related to travel in bike lanes, I am attaching the relevant section of the Somerville Traffic & Parking Ordinance.. (Article XIII). This ordinance was adopted by the Traffic & Parking Commission prior to January 2004 when I began working in Somerville. The Bicycle Committee and I discussed these provisions as we developed plans for bicycle lane locations at the request of the Traffic Engineer. The basic view of the Committee is that while they can be improved to be more favorable for bicyclists, especially Section 13-7, the Committee did not view them as a reason not to take advantage of the opportunity to significantly expand the number of bicycle lanes in Somerville offered by our Traffic & Parking Department.   


Here's a few key provisions and my comments. 

Article 13-4 provides "Bicycles may be operated in general traffic or on sidewalks except as hereinafter proscribed."  

Winslow: bicycles can operate in general traffic. The lack of a comma between "traffic" and the "or" would indicate that the "except as hereinafter proscribed" clause could be interpretted to apply to bicycists. 

Section 13-6 Exclusive Operation in Designated Lanes and Paths
Non-motorized modes of transportation conveyances shall have exclusive use and rightof-
way in designated bicycle lanes on ways controlled by the Traffic Commission. Nonmotorized
transportation conveyances shall have the right-of-way on designated bicycle paths
under the control of the Traffic Commission. Motor vehicles are prohibited from operating in
bicycle lanes and on bicycle paths. Pedestrians are prohibited from walking in bicycle lanes
(except as necessary to cross said lanes in a properly marked crosswalk), but are permitted to use
bicycle paths. (General Laws c. 90E).

Winslow: This provision does not restrict bicyclists... I note that while it prohibits motor vehicles from "operating" in bicycle lanes it does not expressly prohibit motor vehicles from "parking" in bicycle lanes.. 

Section 13-7 Lane Use in Designated Bicycle Lanes
Not withstanding the provisions of Section 13-6, bicyclists shall yield the right-of-way to
motorists making a right turn maneuver in a bicycle lane. Except when overtaking a slower
bicyclist or to make a left turn maneuver, or to avoid a hazard, bicyclists shall stay within
marked bicycle lanes. When making a left turn maneuver, bicyclists shall move to the center of
the roadway and execute their maneuver in accordance with the rules of the road. Bicycles shall
be operated consistent with the provisions of c. 85 of the General Laws.

Winslow: The bolded sentences raise the most concern. I did some web research and found that this type of language was a means to modify initial versions of traffic laws that required bicyclists to stay in bike lanes no matter what. In researching the origin of the thinking of the first sentence, I realized that it is well-intended. It does not require bicyclists to yield to right turning motorists or "legalize" right hooks. Any vehicle changing lanes must yield to through traffic. 

Chapter 89: Section 4A. Driving vehicles in a single lane; motorcycles, riding and passing 
Section 4A. When any way has been divided into lanes, the driver of a vehicle shall so drive that the vehicle shall be entirely within a single lane, and he shall not move from the lane in which he is driving until he has first ascertained if such movement can be made with safety.


Winslow: Note that the bicyclist only needs to yield the right-of-way to a motorist making a right turn maneuver in a bicycle lane.. If the motorist safely moved into the bicycle lane to make a right turn, and then stops, lets say for a pedestrian in a crosswalk, an approaching bicyclist must yield the ROW to the motorist..  

The second sentence is one approach to modifying the initial requirement to "stay-in the bike lane" without exception. Some traffic commissoins refused to completely eliminate the bikes in bikes lanes requirement but were pursuaded to include reasonable exceptions. The logic behind this language is that slower moving vehicles, bikes included, must not unnecessarily obstruct a passing vehicle, whether or not they are bike lanes.  

Chapter 89: Section 2. Passing vehicle traveling in same direction 
Section 2. Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on visible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. 
The Somerville Ordinance allows bicyclists to avoid "hazards" but does not define what a "hazard" is..This leaves intepretation of this language up to the court or hearing officer. Courts generally interpret laws and ordinances that impose penalties to favor the defendant. In this instance a bicyclist who can provide an explanation of a "hazard" they were trying to avoid has a defense against any penalty.
As a former state environmental law enforcement official, I also want to emphasize that law enforcement officials generally seek to enforce clear violations of the law. Avoiding hazards, including car doors, is certainly subject to interpretation.  I know that officers can be overzealous and not understand the subtlies of the law that a lawyer or judge might. If there's any information that Somerville Police Officers are unreasonably treating bicyclists who are outside the bicycle lanes for good reason, please have people let me know and I can speak to the Police Chief about doing a training on this ordinance. In the mean time let's work in good faith with the Bike Committee and our Traffic Commission to make necessary updates to the ordinance. The Traffic Engineer and Bike Committee have a good working relationship to the bike lanes and want to continue to expand the bike lane network consistent with local guidelines that committee has developed. 

Stephen Winslow
Senior Planner
City of Somerville
93 Highland Avenue
Somerville MA 02143
617-625-6600 x2519







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