i have rode bikes for a majority of my life and built a few custom ones from the ground up for expedition rides. it took alot of research of what is a bicycle vs other wheeled vehicles are. Many of the bikes i rode passed motor vehicles while at speed which made me concerned of tickets and such while on human power. so i decided to share some more of my existing knowledge. this is my endeavor of learning how guns and bikes can/cannot work together that i would like to share with everyone.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
If you add a gas motor to a bicycle it is a moped the rules change to vehicle, and if over 50cc, motorcycle laws apply. In an electric assist is added vehicle law does not apply because of its hp rating. therefore the bicycle is an assisting the rider which requires the rider to provide human power.
part one... transport, definition, and general laws.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; conditions; violation as misdemeanor; penalty.
Sec. 227d.
(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:
(a) Taken down.
(b) Enclosed in a case.
(c) Carried in the trunk of the vehicle.
(d) Inaccessible from the interior of the vehicle.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
History: Add. 1981, Act 103, Eff. Mar. 31, 1982
© 2009 Legislative Council, State of Michigan
it would appear pistols are exempt as long as they are not concealed. nothing is required to transport a pistol on a bicycle if i am reading this right.
see also
http://forum.opencarry.org/forums/showthread.php?38471-Open-carry-on-a-bicycle http://forums.michiganopencarry.org/index.php?topic=1673.0quotes from
http://www.legislature.mi.gov/(S(zdo3luny5tnls045hmiqyovw))/documents/mcl/pdf/mcl-chap257.pdf257.4 “Bicycle” defined.
Rendered Monday, May 21, 2012 Page 2 Michigan Compiled Laws Complete Through PA 86 and includes
89-127 & 135-137 of 2012
Ó Legislative Council, State of Michigan Courtesy of
www.legislature.mi.govSec. 4. “Bicycle” means a device propelled by human power upon which a person may ride, having either
2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.
History: 1949, Act 300, Eff. Sept. 23, 1949;¾Am. 1971, Act 151, Imd. Eff. Nov. 22, 1971;¾Am. 1975, Act 209, Imd. Eff. Aug. 25,
1975;¾Am. 1976, Act 439, Imd. Eff. Jan. 13, 1977.
so, a bicycle by definition is not self propelled. it has to use a human to propel it.
but be careful you can still get a ticket if the officer is having a bad day and your riding in the road....
257.648 Signals for stopping or turning; violation as civil infraction.
Sec. 648. (1) The driver of a vehicle or bicycle upon a highway, before stopping or turning from a direct
line, shall first see that the stopping or turning can be made in safety and shall give a signal as required in this
section.
(2) A signal required in this section shall be given either by means of the hand and arm in the manner
specified in this section, or by a mechanical or electrical signal device which conveys an intelligible signal or
warning to other highway traffic, except as otherwise provided in subsection (3). When a signal is given by
means of the hand and arm, the driver shall indicate his or her intention to stop or turn by extending his hand
and arm from and beyond the left side of the vehicle and signal as follows:
(a) Left turn ..... hand and arm extended horizontally.
(b) Right turn ..... hand and arm extended upward.
(c) Stop or decrease speed ..... hand and arm extended downward.
(3) A commercial motor vehicle, other than those in transit from a manufacturer to a dealer, in use on a
highway shall be equipped with, and required signal shall be given by, a signal lamp or mechanical signal
device when the distance from the center of the top of the steering post to the left outside limit of the body,
cab, or load of the commercial motor vehicle exceeds 24 inches, or when the distance from the center of the
top of the steering post to the rear limit of the body or load of the commercial vehicle exceeds 14 feet. The
measurement from steering post to rear limit shall apply to a single vehicle or combination of vehicles.
(4) A person who violates this section is responsible for a civil infraction.
History: 1949, Act 300, Eff. Sept. 23, 1949;¾Am. 1954, Act 181, Eff. Aug. 13, 1954;¾Am. 1958, Act 166, Eff. Sept. 13, 1958;¾
Am. 1974, Act 334, Imd. Eff. Dec. 17, 1974;¾Am. 1978, Act 510, Eff. Aug. 1, 1979.
bicycles are allowed on sidewalks. but,
257.660c Operation of bicycle upon sidewalk or pedestrian crosswalk.
Sec. 660c. (1) An individual operating a bicycle upon a sidewalk or a pedestrian crosswalk shall yield the
right-of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian.
(2) An individual shall not operate a bicycle upon a sidewalk or a pedestrian crosswalk if that operation is
prohibited by an official traffic control device.
(3) An individual lawfully operating a bicycle upon a sidewalk or a pedestrian crosswalk has all of the
rights and responsibilities applicable to a pedestrian using that sidewalk or crosswalk.
History: Add. 2006, Act 339, Imd. Eff. Aug. 15, 2006.
OPERATION OF BICYCLES, MOTORCYCLES AND TOY VEHICLES
257.656 Violations of MCL 257.656 to 257.661a as civil infractions; duty of parent or
guardian; regulations applicable to bicycles and motorcycles.
Sec. 656. (1) A person who violates any of sections 656 to 661a is responsible for a civil infraction.
(2) The parent of a child or the guardian of a ward shall not authorize or knowingly permit the child or
ward to violate this chapter.
(3) The regulations applicable to bicycles under sections 656 to 662 shall apply when a bicycle is operated
upon a highway or upon a path set aside for the exclusive use of bicycles, subject to those exceptions stated in
sections 656 to 662.
(4) The regulations applicable to motorcycles in sections 656 to 662 shall be considered supplementary to
other provisions of this chapter governing the operation of motorcycles.
History: 1949, Act 300, Eff. Sept. 23, 1949;¾Am. 1978, Act 510, Eff. Aug. 1, 1979.
257.657 Rights and duties of persons riding bicycle, electric personal assistive mobility
device, or moped or operating low-speed vehicle.
Sec. 657. Each person riding a bicycle, electric personal assistive mobility device, or moped or operating a
low-speed vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the
driver of a vehicle by this chapter, except as to special regulations in this article and except as to the
provisions of this chapter which by their nature do not have application.
History: 1949, Act 300, Eff. Sept. 23, 1949;¾Am. 1976, Act 439, Imd. Eff. Jan. 13, 1977;¾Am. 2000, Act 82, Eff. July 1, 2000;¾
Am. 2002, Act 494, Imd. Eff. July 3, 2002.
etc....... since the helmet law is gone now it is not required where applicable.
also take note of:
257.660 Electric personal assistive mobility device, low-speed vehicle, or moped; operation;
limitations; applicability to police officer; regulation by local government; prohibitions;
regulation by department of natural resources.
"SELF PROPELLED" means some for of motor that is part of the vehicle that definition is somewhere in the S.O.S definitions.
257.33 “Motor vehicle” defined.
Sec. 33. “Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter 4 of this
act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other
construction equipment that is not subject to registration under this act. Motor vehicle does not include an
electric patrol vehicle being operated in compliance with the electric patrol vehicle act. Motor vehicle does
not include an electric personal assistive mobility device.
take note of EXCEPT except devices exclusively moved by human power
257.79 “Vehicle” defined.
Sec. 79. “Vehicle” means every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively
upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a
mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of
1987, being section 125.2302 of the Michigan Compiled Laws.
History: 1949, Act 300, Eff. Sept. 23, 1949;¾Am. 1976, Act 439, Imd. Eff. Jan. 13, 1977;¾Am. 1978, Act 568, Eff. Jan. 6, 1979;¾
Am. 1992, Act 134, Eff. Oct. 1, 1992.
History: 1949, Act 300, Eff. Sept. 23, 1949;¾Am. 1993, Act 300, Eff. Jan. 1, 1994;¾Am. 1995, Act 140, Imd. Eff. July 10, 1995;¾
Am. 1997, Act 56, Imd. Eff. July 1, 1997;¾Am. 2002, Act 494, Imd. Eff. July 3, 2002.
for those walking out there
257.655 Pedestrians on highways; violation as civil infraction.
Sec. 655. (1) Where sidewalks are provided, a pedestrian shall not walk upon the main traveled portion of
the highway. Where sidewalks are not provided, pedestrians shall, when practicable, walk on the left side of
the highway facing traffic which passes nearest.
(2) A person who violates this section is responsible for a civil infraction.
History: 1949, Act 300, Eff. Sept. 23, 1949;¾Am. 1978, Act 510, Eff. Aug. 1, 1979.
so be careful....
when riding in the road (or acrossed) you fall under all road laws that pertain to low speed vehicles/motorcycles. Ie if you go against traffic on a one way
which i have seen numerous times.
when you are riding on the sidewalk you are considered 'pedestrian traffic' but must yield to "walkers"
might need some editing as i am not the greatest writer.
not a lawyer use this information at your own risk.
-jon