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What Is a “Yield to Bus” Ordinance? A “Yield to Bus” ordinance allows transit vehicles the right of way to reenter traffic flow under certain conditions. It is a cost effective way to maximize the efficiency of a transit system. Montana Senate Bill 261 enabled local jurisdictions to pass “Yield to Bus” ordinances. Many states and provinces have Yield to Bus laws, including at least Washington, Oregon, Colorado, California, Minnesota, New Jersey, Florida and Canada. Missoula Needs a Yield To Bus Ordinance To Avoid Costly Delays. It has been the general practice of Mountain Line to pull out of traffic flow, allowing cars to move freely past while passengers board and de-board the bus. However, as traffic volumes increase it becomes more difficult for transit buses to quickly merge into traffic and to continue along their route. A typical transit bus operator may pull into and out of 400 stops in an 8 hour shift. The delay caused by the inability to merge back into traffic and continue on the route causes two problems for Mountain Line. The first is that it can cause buses to be late, especially at peak demand periods. When buses are late to the central transfer point, other buses must either wait to receive the delayed passengers for transfers, or go on, leaving the passengers behind to wait for the next bus, and more than likely late for work. The second issue is efficiency. Because we are aware that this delay will occur, we are forced to cover a smaller area to accommodate the delay time. How Would Mountain Line Use Yield To Bus? There are specific locations where Mountain Line has problems reentering traffic flow at peak periods of the day. Mountain Line proposes to implement a local Yield To Bus Ordinance. The buses would be equipped with an indicator light which could be turned on at the discretion of the driver, as authorized by the ordinance and the direction of the Missoula Urban Transportation District Board. A photo of such an indicator light is included in this packet. As we are in the process of purchasing 14 new buses in the next 2 years, now is an optimal time to establish this option. On the following page is a list of locations identified by Mountain Line drivers. These are the locations where drivers report difficulty reentering traffic flow. ---PAGE BREAK--- Survey of Mountain Line Operators - Yield to Buses May 2009 A survey of Mountain Line operators was conducted in May 2009. They were asked to identify specific locations where they experience continual difficulty returning to traffic after stopping for passengers. In general, they reported that single lane, busy streets were generally more difficult, ie. South Higgins, West Broadway, Russell Street, South Ave., Rattlesnake Drive. Following is a list of the locations identified by the operators. Location Direction of Travel Route Higgins / Benton Northbound 6 South Higgins All locations 6 Rattlesnake All locations 5 West Broadway Orange to Russell both directions 9, 10, 11 Russell / Dakota Northbound & Southbound 2, 9 Arthur / University Southbound 1, 12 Russell / YMCA Northbound 6 South / Kemp Eastbound & Westbound 1 South / Eaton Eastbound & Westbound 1 South / Reserve Westbound 1 Mullan Road All locations within City Limits 10 Vantage Villa Eastbound & Westbound 4 Creekside Apts. Eastbound & Westbound 4 Broadway / Burton Eastbound 9, 11 West Broadway / Birch Northbound 2, 10 5th / Russell Westbound 8 5th & Inez Westbound 8 Scott / Cooper Southbound 2 Orange / N. 2nd Southbound 3 South / 26th Eastbound and Westbound 1, 9 ---PAGE BREAK--- 61st Legislature SB0261 - 1 - Authorized Print Version - SB 261 AN ACT ENABLING A CITY OR TOWN COUNCIL OR COMMISSION TO ADOPT ORDINANCES OR RESOLUTIONS TO PROVIDE FOR THE SAFE OPERATION OF THE MUNICIPAL BUSLINE TRANSPORTATION SYSTEM AND TO PROVIDE FOR THE ENFORCEMENT OF THOSE ADOPTED ORDINANCES OR RESOLUTIONS; AND AMENDING SECTION 7-14-4403, MCA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 7-14-4403, MCA, is amended to read: "7-14-4403. Operation of municipal busline. The city or town council or commission shall have has authority to provide for the: management and operation of the system authorized by 7-14-4401(1) and to do all things necessary for the successful operation of said that transportation system; safe operation of the transportation system, including the adoption of ordinances or resolutions to require motor vehicles to yield the right-of-way to buses reentering the traffic flow; and enforcement of ordinances or resolutions adopted under subsection - END - ---PAGE BREAK--- SB0261 - 2 - Authorized Print Version - SB 261 I hereby certify that the within bill, SB 0261, originated in the Senate. Secretary of the Senate President of the Senate Signed this day of , 2009. Speaker of the House Signed this day of , 2009. ---PAGE BREAK--- SENATE BILL NO. 261 INTRODUCED BY D. WANZENRIED AN ACT ENABLING A CITY OR TOWN COUNCIL OR COMMISSION TO ADOPT ORDINANCES OR RESOLUTIONS TO PROVIDE FOR THE SAFE OPERATION OF THE MUNICIPAL BUSLINE TRANSPORTATION SYSTEM AND TO PROVIDE FOR THE ENFORCEMENT OF THOSE ADOPTED ORDINANCES OR RESOLUTIONS; AND AMENDING SECTION 7-14-4403, MCA. ---PAGE BREAK--- Missoula Police Department 435 Ryman Street, Missoula, MT 59802-4297 From the Desk of Mark Muir Phone : (406)-552-6316 Fax: (406) 728-6690 [EMAIL REDACTED] January 28, 2009 Senate Local Government Committee 2009 Montana State Legislative Session Chairman Esp and Committee Members, I write briefly requesting you give SB 261 a DO PASS recommendation to fellow members of the Senate. As Chief of Police for Missoula, I was approached by our local transportation authorities as to my position on granting our City Council authority to make local ordinances as appropriate to accommodate smoother and safer interaction of our transit system. I fully support the change to MCA 7-14-4403. I believe that each municipality would thereby have the opportunity to design any new ordinances necessary to improve safety and public transit efficiency. I do not see that this will provide any additional burden on law enforcement, though it will present a need for local education and discretion of officers in dealing with violators who might be unaware of local ordinance. I have agreed to help our local transit authority develop effective means by which to develop and promote these safety enhancement regulations should SB261 pass both houses and be signed into law. Thank you for your consideration and supporting a DO PASS. Sincerely, Mark Muir, Chief of Police ---PAGE BREAK--- AN ORDINANCE OF THE MISSOULA CITY COUNCIL, AMENDING MISSOULA MUNICIPAL CODE TITLE 10 ENTITLED ”VEHICLES AND TRAFFIC” BY AMENDING CHAPTER 16 ENTITLED “TRAFFIC CONTROL DEVICES” BY ADOPTING A NEW SECTION, SECTION 10.16.130 ENTITLED “VEHICLES TO YIELD TO URBAN TRANSPORTATION SYSTEM BUSES UTILIZING A FLASHING YIELD SIGN ON BACK OF BUS” BE IT ORDAINED BY THE MISSOULA CITY COUNCIL THAT MISSOULA MUNICIPAL CODE NEW SECTION 10.16.130 ENTITLED “VEHICLES TO YIELD TO URBAN TRANSPORTATION SYSTEM BUSES UTILIZING A FLASHING YIELD SIGN ON BACK OF BUS” IS ADOPTED AS PROVIDED HEREIN: SECTION 1. Section 10.15.130. Vehicles to yield to urban transportation system buses utilizing a flashing yield sign on back of bus. A. It shall be unlawful for any person operating a vehicle on any street or alley located within the city limits to fail to yield the right of way to any urban transportation system bus that is attempting to reenter the on street flow of vehicle traffic when the bus is utilizing a flashing yield sign located on the back of the bus. B. The penalty for violating this vehicle regulation shall be a fine of up to a $500.00. Any penalty shall be a fine only. Incarceration shall not be a penalty for violating this regulation. SECTION 2, Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or words have been declared invalid or unconstitutional then the remaining ordinance provisions shall be in full force an defect. PASSED by a vote APPROVED on the of ATTEST APPROVED Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK---