Legislators in at least two states — Washington and Virginia — have submitted bills for 2011 that would require motorists to give bicyclists at least 3 feet of space when they pass.
Previous attempts to win approval for such bills was unsuccessful in those states last year. A Washington state bill died in the Senate, and a Virginia bill failed to pass the House of Delegates.
Currently, 16 states require motorists to give bicyclists and pedestrians in the road at least 3 feet of space when passing. Three other states specify a “safe distance.”
Washington state
The Washington state bill — House Bill 1018 — was submitted by Rep. Jamie Pederson, D-Seattle, and co-sponsored by 10 legislators. (Follow its progress in the feed at right.)
The bill requires that motorists passing a bicyclist must give at least 3 feet of space when traveling 35 mph or less. At greater speeds, the minimum distance for passing grows to 5 feet.
The bill includes provisions that cyclists must follow. It specifies that bicyclists, when riding slower than other traffic, shall use a shoulder or bike lane “if such use is reasonably judged safe by the bicyclist.”
On multi-use trails, “Every person riding a bicycle shall yield the right-of-way to a pedestrian on a sidewalk, crosswalk, or multiuse trail or path; however, the pedestrian is not relieved of the obligation to exercise due care.”
Bicyclists' responsibilities
Pederson was the author of the previous bill that passed the House, but died in the Senate. He told the Seattle P-I (“Cars vs. bikes: Bill aims to make roads safer”) that opponents said there was nothing in the bill that spelled out what bicyclists must do. He said:
“Part of the attempt in this bill is to signal it's the responsibility of everybody using the roadway to take care to avoid collisions. Part of of the point here is to just bring attention to the issue.”
[Update: Jan. 10 — The theme of the legislation has earned it the nickname, Mutual Responsibility Bill. The Bicycle Alliance of Washington wrote about the bill on Feb. 7 at “Cyclists and motorists are mutually responsible for sharing the road.” They quote Andy Clarke, executive director of the League of American Bicyclists:
“In many ways, if HB1018 passes, it will set a new gold standard for the way a state vehicle code treats cyclists – possibly the first such major overhaul since the 70s. Significantly, while putting the cyclists perspective front and center, it is overtly multi-modal and reflective of the complete streets era.” ]
Virginia bill
The Virginia Bicycling Federation reported that “three-feet” bills will be submitted in both the House and Senate.
The author noted that he was really happy to see both a Democrat and Republican carrying the bill for the federation. Passage looks favorable, he noted, “with our main concern being passage on the House floor.”
Failure and success in 2010
Three-foot bills failed in Virginia, Washington and South Dakota last year. Legislators in Virginia, for instance, justified their opposition because bicyclists sometimes break laws and are inconsiderate when they delay motorists from getting to their destinations.
The federation wrote:
“While we expected some difficulty, we did not expect to be roughed up for the reasons stated. But persistence pays, and we’ll be back next year.”
Two states — Maryland and Mississippi — passed laws last year that require motorists give bicyclists three feet; Rhode Island passed a law requiring a safe distance, without speficfying how far.
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