2012-11-26: Proposed “Model ordinance” to replace discriminatory “Far to the Right” law

Cyclist and truck in 12 ft lane. Red area is minimum that cyclist needs for safe operation.
Graphic by Keri Caffrey, Cycling Savvy

Ferguson is the first Missouri city to repeal the discriminatory “Far to the Right” (FTR) law applied specifically to bicyclists, so that now a bicyclist may either control or share the curb lane on a multi-lane road in Ferguson. This is important because, as noted in a previous blog, many, if not most, multi-lane roads have lanes too narrow for a bicyclist and motorist to share safely. This is especially true with large vehicles, such as trucks and buses, as illustrated at left.
         However, Ferguson’s new ordinance has some failings, as noted below, so it should not be used as a model for other municipalities to copy.
         Below is the existing state statute, followed by the new ordinance, and finally a recommended “Model ordinance” with explanatory notes. The text highlighted in white italics below is the subject of discussion in this blog.

         The state FTR law is the only remaining highly discriminatory law affecting bicyclists using public roads and its local repeal by the City of Ferguson demonstrates real leadership, which other Missouri cities and counties are urged to emulate.

Missouri Statute 307.190 states that:

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway shall ride as near to the right side of the roadway as safe, exercising due care when passing a standing vehicle or one proceeding in the same direction, except when making a left turn, when avoiding hazardous conditions, when the lane is too narrow to share with another vehicle or when on a one-way street. Bicyclists may ride abreast when not impeding other vehicles.

         The original Ferguson Ordinance #96-2809 in Section 44-364 – Riding on roadways in the City Code, has identical wording to the above.

New Ferguson Ordinance #2012-3495 replacing the above, approved on June 26, 2012:

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may ride in the center of the right lane of travel or may ride to the right side of the roadway; such person may move into the left lane of travel only while in the process of making a left turn. Every person operating a bicycle or motorized bicycle on a roadway shall exercise due care when passing a standing vehicle or one proceeding in the same direction, when making turns, and when streets or lanes are too narrow to share with vehicles. Bicyclists may ride abreast only when not impeding other vehicles.

Note: The above may be found in the on-line Ferguson municode by entering “Sec. 44-364” in the Search box at top right, which offers a link to ARTICLE VIII. BICYCLES AND MOTORIZED BICYCLES – Ferguson, Missouri – Code of Ordinances, where section Sec. 44-364 – Riding on roadways is listed.

Proposed “Model ordinance” with explanatory notes:

Every person operating a bicycle or motorized bicycle at less than the posted speed or slower than the flow of traffic upon a street or highway may ride in the center of the right lane of travel or may ride to the right side of the roadway; such person may use the left lane of travel to prepare for making a left turn, or when on a one-way street. Every person operating a bicycle or motorized bicycle on a roadway shall exercise due care when passing a standing vehicle or one proceeding in the same direction, when making turns, and when streets or lanes are too narrow to share with motor vehicles. Bicyclists may ride two abreast when also allowed for a solo cyclist.

Reasons for changes in “model ordinance” when compared to approved ordinance:

1. Controlling the inside lane only when “in the process of making a left turn” could be interpreted to mean that the cyclist must wait until the last moment to move into the left lane.
         This has been changed to “may use the left lane of travel to prepare for making a left turn”

2. “Bicyclists may ride two abreast in the right lane of travel when also allowed for a solo cyclist.“ This replaces the wording in the new Ferguson ordinance “Bicyclists may ride abreast only when not impeding other vehicles.”
         This makes the model ordinance consistent with permitted lane control, whether by a solo cyclist or a group of two or more cyclists.
         For example, it makes sense for bicyclists riding together to double up and ride as a group controlling the right lane rather than being strung out single file, when they are also more likely to get separated by a stop light, for example.

         

2012-11-16: New “Bikes May Use Full Lane” signs in Ferguson to aid cyclists

MUTCD-approved R4-11 “BIKES MAY USE FULL LANE” sign, with additional informational text below

The administration of the City of Ferguson, in North St. Louis County, has installed two Bikes May Use Full Lane (BMUFL) signs at either end of the section of Florissant Rd. that it controls to alert motorists to a new Ordinance No. 2012-3495, § 1, enacted on 6-26-12. Florissant Rd. is a major north-south four-lane road going through the center of the city’s downtown area, and an important traffic artery. Their location is indicated by A and B in the map below.
The signs, based on the R4-11 sign approved in the federal Manual of Uniform Traffic Control Devices (MUTCD), were made to order and purchased from Missouri Vocational Enterprises, in Jefferson City.
Ed Giancola, Municipal Services Manager, confirmed that they were installed by the Ferguson Public Works Department on November 6th, 2012.

Map showing the section of Florissant Road controlled by the City of Ferguson and location of initial BMUFL signs at “A” and “B”, plus different speed limits

This move is further evidence of the progressive efforts by the current City administration, led by City Manager John Shaw. It is hoped it will lay the foundation for additional similar signage to inform motorists of the new City ordinance, Sec. 44-364. – Riding on roadways., which allows cyclists to either control or share the curb lane on these major thoroughfares. (This new ordinance was the subject of a previous blog.)

Approval for more extensive use of the signs will be up to the city’s Traffic Commission, which has yet to consider them.
The following photos and video demonstrate both the need for the new ordinance, and the accompanying signage to alert motorists to it, and the way motorists accommodate cyclists riding legally according to the new law.

A MetroBus passing the new BMUFL sign located just inside Ferguson’s northern
city limit on N. Florissant Rd. (“A” on map above.)          Photo: Martin Pion

The photo and video below were shot near the BP gas station at the intersection of S. Florissant Rd. and Brotherton Ln./Woodstock Rd. near the city’s southern boundary. The BMUFL sign is shown on the telephone pole at right in the photo. as Gerry Noll cycles past it.

Gerry Noll controlling the curb lane while cycling north past the BMUFL sign at the southern end of Ferguson’s city limits. (“B” on map above.)    Photo: Martin Pion

Below is a video showing Gerry Noll, owner of the Ferguson Bicycle Shop, interacting with motorists.
Note how two motorists in Gerry’s lane move cooperatively into the inside lane to pass as Gerry controls the curb lane while cycling past the BMUFL sign pictured above.

The speed limit in both of these locations is 35 mph, but drops to 25 mph in the downtown business district from Darst Rd. to Paul Dr./Suburban Ave., as shown in the map above.
The video and accompanying photo immediately above were taken at about 11:00 am on Thursday, November 15th, 2012. The temperature was in the mid-40s Fahrenheit.
Florissant Rd. is a bus route, and platoons of motor vehicles travel along it throughout the day, as shown here.
After the photo shoot above, Gerry Noll biked to his bike shop and posed outside for the photo below, at my request.

A then-bearded Gerry Noll posing outside his Ferguson Bicycle Shop.        Photo: Martin Pion

Gerry opened his Ferguson Bicycle Shop early last year after retiring from Emerson Electric, where he had worked for 35 years. He told me his aim in opening his shop was as much to provide a service to the local community as to make a profit.
He added: “If I can eventually break even I’ll be happy.”
Gerry has gained certification as a Cycling Savvy Instructor and now offers adult classes through Cycling Savvy St. Louis. For anyone interested in using a bicycle for transportation, and to get the most satisfaction from bicycling, these classes are well worth attending. Information on-line at http://cyclingsavvy.org/category/midwest-region/st-louis/
Gerry also writes a monthly column, The Ferguson Cyclist, for the Ferguson Times. The December 2012 issue included a description of the new signs titled Ferguson has gone all BMUFL on us! which was also posted on the Ferguson Cycling Club site.