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Old 01-20-17, 07:23 AM   #1
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Montana draft bill to ban bicycles from 2-lane highways

Saw this on /r and figured you all would want to know. A busybody in Montana's legislature made this doozy that hopefully dies:

http://leg.mt.gov/bills/2017/lchtml/LC2196.htm

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(5) (a) A bicyclist may not ride on a two-lane highway outside the boundaries of a municipality when there is no paved shoulder on which to ride.
(b) For the purposes of this subsection (5), "bicyclist" includes a person riding a moped."

I don't know about Montana's roads.....but I'll guess as in Nebraska just about all (paved) roads outside of city limits are two lane highways, and like Nebraska almost none of them have shoulders.
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Old 01-20-17, 07:28 AM   #2
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Even if that fool got his bill passed, when challenged in the courts, is would be thrown out.
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Old 01-20-17, 07:32 AM   #3
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I'd be curious to hear from cyclists in the area about the climate of cycling in Montana. Whenever I hear these stories of banning cyclists, I wonder of what caused this to even become an issue.
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Old 01-20-17, 07:40 AM   #4
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Or perhaps the bill would force them to install paved shoulders on the highways.

Yeah, that's the ticket...
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Old 01-20-17, 08:03 AM   #5
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Damning with faint praise, it's better than the freedom to drive and pokemon go act.

I wish I was kidding.

-mr. bill
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Old 01-20-17, 08:07 AM   #6
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Damning with faint praise, it's better than the freedom to drive and pokemon go act.

I wish I was kidding.

-mr. bill
Now that is screwed up.
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Old 01-20-17, 09:17 AM   #7
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I'd be curious to hear from cyclists in the area about the climate of cycling in Montana. Whenever I hear these stories of banning cyclists, I wonder of what caused this to even become an issue.
I have toured in the state four times since 2009 and am planning to return this spring for an eleven day tour. After my tour in 2014 I was interviewed for an article about the substantial economic impact cycling has for the state that ran in the Great Falls Tribune:


Cyclists bring millions of dollars into Montana


(That's me next to the dog.)


I have also toured through the state two other times, but that was way back in


A couple of things:


1. Without seeing the entire state code, there is no way to tell for sure if this ban would apply to U.S. Highways or only state highways. (Currently, every inch of Interstate Highway in the state is open to bikes.) I am not qualified to give a legal opinion as to whether it would be struck down if applied to U.S. Highways.


2. What is meant by "shoulder"? For example, would six inches of pavement to the right of the striping qualify?


3. If this were to pass, it would cripple the Montana portion of Adventure Cycling's Tran Am route (and possibly its Northern Tier Route), depending on the answer to 2 above. The route uses a couple of sections of state highways that do not have useable, paved shoulders (e.g., between Dillon and Twin Bridges). There are no paved alternatives and, quite possibly, no unpaved alternatives.


4. From my experiences, this blanket ban seems utterly unnecessary and likely the result of a politician trying to appease a few, bike-hating constituents who don't believe cycling in the state is beneficial to the state's financial health. I have ridden on plenty of shoulderless state highways with very few problems whatsoever, mostly due to the lack of traffic. In some cases, that lack of traffic is due to the fact that Interstate Highways have replaced the older state highways. Distances between larger population centers tend to be relatively great. When given the choice to drive from, say, the Whitehall area to Butte (population 50,000+), the overwhelming majority of people opt for two lane I-90, leaving one lane MT 2 (aka Old Highway 10) over Pipestone Pass pretty traffic free. I have climbed Pipestone three times on the way to Butte. I would be shocked to learn that I encountered more than a dozen cars each time, and I am talking cars going in both directions before reaching the city limits. Maybe things are different in areas of the state where I have not ridden recently, but I find that hard to believe that things are so critical as to warrant a ban like this.


5. The ironic thing about this is that it could force cyclists off more lightly travelled state highways like the one mentioned above onto Interstate Highways. It would also foreclose cycling the beautiful Skalkaho Highway (MT 38) because portions of it are completely unpaved. (As far as I know, it's the state's last unpaved state highway.


I suspect Adventure Cycling Association will vigorously oppose this legislation. I am sure the businesses along routes like the Trans Am and Northern Tier appreciate the direct and indirect economic benefits cycling brings to the state.
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Old 01-20-17, 09:22 AM   #8
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^^^Yeap, I was waiting for someone to mention Adventure Cycling...It's also note worthy to mention they are based out of:

Adventure Cycling Association
150 East Pine Street
P.O. Box 8308
Missoula, MT 59807

Last edited by work4bike; 01-20-17 at 09:31 AM.
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Old 01-20-17, 09:31 AM   #9
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Originally Posted by mr_bill View Post
Damning with faint praise, it's better than the freedom to drive and pokemon go act.

I wish I was kidding.

-mr. bill
Why are you calling it a "pokemon go act?"

Read what you posted. It's a communication device act.
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Old 01-20-17, 09:33 AM   #10
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Just to mitigate the panic a bit - both bills are from freshmen legislators.

-mr. bill
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Old 01-20-17, 09:36 AM   #11
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Why are you calling it a "pokemon go act?"

Read what you posted. It's a communication device act.
Oh, you think freedom to drive and pokemon go is not a fair summary?

Definitions matter - read the definition of "mobile electronic communications device."

THIS is explicitly covered by the bill.

I'd love to see Nintendo release a Mario Kart 8 Deluxe - Montana Edition. Full recursion, with Mario driving while playing Mario driving while playing Mario driving while....


-mr. bill

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Old 01-20-17, 09:49 AM   #12
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Oh, you think freedom to drive and pokemon go is not a fair summary?
...
If you're trying to rile up the old fogies to get their support, that's a great way to address it. Weird that they even included video gaming device in the list of communication devices.

It is a stupid bill and I would like to say that it will definitely not pass into law. But people are stupid and nothing is probably too far off the radar.
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Old 01-20-17, 09:51 AM   #13
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Originally Posted by indyfabz View Post
I have toured in the state four times since 2009 and am planning to return this spring for an eleven day tour. After my tour in 2014 I was interviewed for an article about the substantial economic impact cycling has for the state that ran in the Great Falls Tribune:


Cyclists bring millions of dollars into Montana


(That's me next to the dog.)
Thanks for posting a very interesting and on-topic article.
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Old 01-20-17, 10:10 AM   #14
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It is a stupid bill and I would like to say that it will definitely not pass into law. But people are stupid and nothing is probably too far off the radar.
I'm not so sure. Note that the proposed ['Pokemon'] bill does NOT specify that using mobile communications devices while driving must remain legal. It only says that local authorities aren't allowed to all write their own and possibly contradictory regulations on the matter. Frankly this strikes me as something that should be handled at the state level rather than having a mishmash of local regulations with each community deciding what type of device is allowed to be used and under what conditions.

In California we have a section of the CA Vehicle Code that specifies exactly what types of traffic-related ordinances local authorities are allowed to enact. If it's not on the list (and AFAIK mobile communication is not), then it can't be regulated on the local level and must be handled by modifying the CVC at the state legislature level.
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Old 01-20-17, 10:23 AM   #15
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Frankly this strikes me as something that should be handled at the state level rather than having a mishmash of local regulations with each community deciding what type of device is allowed to be used and under what conditions.

That argument was made in PA re: hand-held cell phone usage and texting as individual municipalities (e.g., townships) starting passing their own bans/restrictions. It can get confusing in areas with numerous, relatively small jurisdictions. Someone could be driving in a township that allows hand-held cell phone usage and then five minutes later enter a township that does. In another five minutes that person could find themselves back in the township that does allow usage without evening knowing he or she crossed township lines. IIRC, when the state passed a ban on texting it nullified local ordinances regulating the activity.
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Old 01-20-17, 10:28 AM   #16
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I'm sure - this is simple repeal of local law.

Only ONE state has no statewide regulation of driving and mobile electronic devices.

Only two states do not ban text messages while driving. The other one is Arizona.
(Two other states only ban text messages while driving for young drivers, Missouri under 21, and Texas under 18.)

Local jurisdictions acted because the state has failed to act.

-mr. bill
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Old 01-20-17, 12:19 PM   #17
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FYI...Here is preliminary, incomplete snapshot of what I plan to spend during my planned tour, which starts with me flying to Missoula on June 12th (the route has me spending two nights in Idaho):


~$80 for two nights at the local KOA (including one breakfast)
$84 for at least three nights (possibly four, for $112 total) at three separate state parks (includes $10 each night because I am out of state)
~$28 for two cab rides to and from the airport
$80 at REI for re-assembly and boxing of my bike (plus, I will buy camp fuel for my stove and probably a few other little items like Cliff Bars)
$24 for a tent site at a private campground in St. Regis.
~$45 in fees for three nights at three separate U.S.F.S. campgrounds in the state, which fees support the maintenance of those campgrounds.
$10 for a tent site at the volunteer firemen's park in Libby.


The above amounts do not include all the money I will spend on food. I usually buy prepared lunches from local establishment. I also often eat out for breakfast. Dinner is typically cooked with ingredients bought from local markets. I estimate that, between snacks, meals and groceries, my food budget runs around $30/day. That's another $360 for the 12 days on the road (doesn't include dinner the day upon arrival and dinner the day before I fly out).
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Old 01-20-17, 02:08 PM   #18
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Those laws still aren't nearly as stupid as the Missouri senator who proposed a state law requiring 15 foot tall safety flag on all bicycles traveling on public roads. Luckily that one went nowhere.
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Old 01-20-17, 08:03 PM   #19
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I can just see county, city, municipal police departments', and even the Montana State Police being up in arms about this. Because, It would be hard to enforce.

Rep. Usher owns a motorcycle dealership. I think he just wants to promote the ability to burn rubber whereever he wants.
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Old 01-21-17, 08:58 AM   #20
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Remember when Blackhawk in Colo tried to keep cyclist off the only street thru town. It was thrown out by the courts.

This fool bill is a waste of time.
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Old 01-21-17, 11:49 AM   #21
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Remember when Blackhawk in Colo tried to keep cyclist off the only street thru town. It was thrown out by the courts.

This fool bill is a waste of time.
I've been reading...Montana, like Nebraska has no money lying around. Montana still relies on gas tax to fund roads and highway patrol, which it of course doesn't (hasn't raised since 1994).....so their state highways are almost entirely paid for with federal tax dollars.

However given the fashionable deregulate "smaller government" types now in charge at the state and now federal level....not sure that this bill is such a waste of time.
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Old 01-21-17, 12:46 PM   #22
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Rep. Usher owns a motorcycle dealership. I think he just wants to promote the ability to burn rubber whereever he wants.
I have never had a conflict with a motorcycle in all the miles I have ridden in the state, which miles amount to thousands.
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Old 01-21-17, 12:47 PM   #23
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so their state highways are almost entirely paid for with federal tax dollars.
So are a lot of other things:

https://wallethub.com/edu/states-mos...vernment/2700/

Which States Rely the Most on Federal Aid? | Tax Foundation
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Old 01-21-17, 02:52 PM   #24
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No comments about riding single file?

Quote:
(3) Persons riding bicycles on a roadway shall ride in single file except when [...]


I'd ride single file in traffic, but there are low traffic areas or times when it is nice to ride side-by-side, then pull forward or back to let cars pass.

If there is a choice between two equivalent routes, including secondary roads, I'm all for choosing the secondary routes. Unfortunately in a state where there is low population density, there simply will be many places where there is only one viable route.
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Old 01-21-17, 03:11 PM   #25
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Bill introduced to ban cyclist from most 2-lane roads in Montana

This is insane!!! Slight chance of it passing but this is crazy.

Bill would ban bicyclists from most 2-lane roads in state | Montana Legislature | bozemandailychronicle.com

Bicyclists from around the state are rallying against a proposed bill that would ban bicyclists and pedestrians from using virtually every two-lane road in the state that doesn’t have a paved shoulder.

Kristi Drake, director of Billings TrailNet, said her first thought was not to worry about the proposal because it seemed to have so little chance of passing.

After giving it more thought, however, she concluded, “Stranger things have happened with our Legislature. We’d better pay attention to it.”

The bill draft was requested by Republican Rep. Barry Usher, who lives outside Laurel and represents House District 40, which takes in Roundup and parts of rural Billings. He is also the owner of Beartooth Harley-Davidson at 6900 S. Frontage Road.

Melinda Barnes, director of Bike Walk Montana, a nonprofit advocacy group with members statewide, said she came across the bill draft Sunday night, when she was looking at transportation-related legislation being considered by the 2017 Legislature.

Barnes, who lives in Helena, arranged to meet with Usher on Tuesday in the Capitol to talk about the bill.

“I gave him all these different reasons why it didn’t make sense,” she said, but Usher was adamant that the bill is needed.

“He said he’s all about safety, and this is where he’s coming from — trying to make the roads safer,” she said.

Attempts to reach Usher were unsuccessful, but under his proposed bill, “A bicyclist may not ride on a two-lane highway outside the boundaries of a municipality when there is no paved shoulder on which to ride.” The same prohibition would apply to pedestrians and people in wheelchairs.

State law defines “highway” as “the entire width between the boundary lines of every publicly maintained way” that is “open to the use of the public for purposes of vehicular travel.” The term “roadway” also appears in the draft. It refers to the traveled-on portion of a highway, exclusive of the berm or shoulder.

It appears, then, that the bill would ban bicyclists from most two-lane roads in the state. It is not clear whether any dirt and gravel roads are classified as “two-lane highways.”

Michelle Erb, bicycle and pedestrian coordinator for the Montana Department of Transportation, said that in its current form, the bill draft makes it difficult to say how many miles of state roads would be affected by the ban.

“We will be watching the bill closely for when it is assigned a bill type and number to see if more clarification is provided,” she said

Erb also said that Usher did not talk to her about his proposed bill, but she didn’t know whether he had been in contact with anyone else in the department.

Barnes said the bill would have a big impact on Montanans who ride bicycles, as well as on tourists. She said bicycle tourism across the state had an economic impact of $377 million in 2014, as estimated by the Institute for Tourism and Recreation Research at the University of Montana.

Routes used by the Adventure Cycling Association and the Bike and Build organization, as well as those used by all the major bicycling events in Montana, are for the most part on narrow two-lane roads, most of them without paved shoulders, Barnes said.

“Bicycle tourism is huge, in Billings and in Montana,” Drake, with Billings TrailNet, said. As for the safety issues, she added, “I didn’t realize it was a problem until Mr. Usher said something about it.”

Darlene Tussing, who used to be the trails coordinator for the city-county Planning Department in Billings and is a member of the Bike Walk Montana board, said she wrote to Usher on Wednesday to point out other road hazards, including farm equipment, cows being moved to different pastures and even groups of motorcyclists.

Tussing and her husband, Ron Tussing, former Billings mayor and chief of police, now live near Alder, far enough from any town that she couldn’t leave her property on her bicycle without violating the provisions of Usher’s proposed bill.

If and when the bill is formally introduced, Tussing said, “I think people will come out of the woodwork” in opposition.


Kathy Aragon, of Billings, also a board member for Bike Walk Montana and a longtime advocate of encouraging children to walk and bike to school, said she was shocked when she learned that Usher owned Beartooth Harley-Davidson.

“I’ve always thought that motorcyclists and bicyclists share the same safety issues,” she said. Usher’s proposal, she added, “seems very ridiculous when you start thinking about it.”

Barnes said Bike Walk Montana supports two other bills that have been introduced this session, both aimed at making it safer to bicycle in Montana.

HB 225, introduced by Ed Greef, R-Florence, calls for creation of a $2 opt-out fee on vehicle registrations, with 80 percent of the money raised going to bike-pedestrian trail maintenance and 20 percent to bicycle and pedestrian education.

HB 267, sponsored by Frank Garner, R-Kalispell, would require motorists passing a bicycle on a public road to stay at least three feet away from the bicycle if the motorist is driving 35 mph or slower, or at least five feet at speeds above 35 mph.

In the 2015 legislative session, Barnes said, state law was amended to no longer require bicyclists to stay as far to the right of the roadway as possible. It now says bicyclists can travel in the driving lane, and that motorists can go over a double-yellow line in order to pass a bicyclist.

Barnes said Bike Walk Montana would like to see a change in a state law that requires bicyclists to ride single-file. She said bicyclists riding two-abreast are more visible and can be passed by a motor vehicle more quickly than two bicyclists in a line. She said Montana is one of only two states that prohibit two people from bicycling side by side.

Barnes said Usher’s bill has been drafted, but he has not said when it will be formally introduced.

“We’ll be alerting members if and when it goes to committee,” Barnes said.

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