from Road Rights By Bob Mionske
One of the most egregious violations of our right to the road is the “buzz,” when a motorist passes a cyclist perilously close—so close that buzzes frequently become rear-end collisions.
Some motorists are simply so inattentive while driving that they don’t even know that they are passing a cyclist. Other motorists don’t understand what a safe passing distance is.
But many drivers who buzz cyclists know exactly what they are doing. Vigilante motorists who disagree with the laws that give cyclists the right to the road attempt to force us from that road, by using their vehicles to intimidate their victims.
Every state requires that overtaking vehicles must pass at a safe distance. If the overtaking vehicle cannot, the law requires the driver to wait until the pass can be safely executed. Thus, buzzing a cyclist is against the law in every state. It is never legal, under any circumstances.
Despite the law, drivers who buzz cyclists are rarely ticketed, because buzzes rarely occur in the presence of police. But even if the police do observe a violation, it can still be difficult to get a conviction. The law requires passes to be made at a “safe distance,” but what does that mean, exactly? A driver who is accused of making a pass at an unsafe distance can argue that the passing distance was safe for existing conditions—even if the pass resulted in a collision. It’s then up to the judge or jury to decide what is safe.
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Read more: https://bicycling.com/blogs/roadrights/2011/12/22/buzz-kill/
