I decided to ask on a national bike forum what others involved in advocacy thought of our 3′ bill and so far this is what I got:
This is just really sad.
What should have been a clarification of § 21-309. Driving on laned roadways.
(1) While overtaking and passing another vehicle going in the same direction and while the center lane is clear of traffic within a safe distance; [no exceptions]
to specify that cyclists need at least 3 feet for safe passing has gotten all mucked up in trying to get it to apply only to cyclists riding legally, the only road user singled out for limited due care I might add. While I have some empathy that motorists should be exempt from gross errors by cyclists such as wrong way riding or suddenly swerving into the motorists path by more then 3′ but no where else in the legal code for safety does it apply only if the other road user is operating in strict accordance of the law. I will also assert gross errors by the other party are already part of the legal system. As I noted previously pedestrians have § 21-504. Drivers to exercise due care.
(a) In general.- Notwithstanding any other provision of this title, the driver of a vehicle shall exercise due care to avoid colliding with any pedestrian.
But if a pedestrian suddenly runs in front of a car the driver is not charged with this violation, the same should hold true with cyclists.
The sad fact is this bill will most likely have the most adverse impact on kids (and MD and especially Baltimore are far worst then the national averages for kids on bikes crashes) as drivers are now exempt from passing with due care if they feel the kids are not riding per the strict rules of the road for bicyclists.
Damned if you, Damned if you don’t
I was thinking of all the times police (but mostly motorists) want me to ride in the gaps between parked cars. To the police I usually respond with “Do you want me to weave in and out of parked cars?” and they just give me a disgusted look and move on. But now with this law it might be legal for cars to intimidate a cyclist into the gap and if a cyclist rides the gap then upon leaving they are failing to maintain a straight course so once again no requirement on motorists for a safe passing distance. [Note if you do the latter always signal and yield to traffic before moving laterally.]
Additionally in a side conversation one advocate said “But this rule seems to repeal the duty to pass with care.” Hmmm…
Continue reading “Something better then nothing is not making the grade for our 3′ safe passing bill”
