The model safe passing law combines elements seen in the laws of several states. While it is the belief of the League that current 3 foot passing laws can be enforced with proper training and/or equipment, the model law attempts to improve upon the 3 foot standard in a number of ways.

Section 1 provides the most important improvement upon the 3 foot standard. It requires drivers of motor vehicles to treat a person on a bicycle like any other vehicle when traveling on a road with more than one lane traveling in the same direction. This is modeled after the laws of Nevada (NRS 484B.270(2)) and Delaware (4116) and is important for at least two reasons: 1) the majority of people killed while biking are killed on arterial roads (57% in 2013), which are likely to have more than one lane traveling in the same direction, and 2) the most common reason a bicyclist is killed is an unsafe pass by a motor vehicle driver. We believe this rule can be easily enforced, easily made clear to the public, and is likely to save lives.

Section 2 provides a 3 foot standard, as seen in many state laws, and is applicable whenever there is only one lane headed in each direction. The model law contains a 3 foot standard because 26 states, and DC, have defined a “safe distance” for a motorist passing a bicyclist as “at least 3 feet.” There are other standards that provide similar or better clarity about what is meant by a “safe distance.” Notably, Pennsylvania has a “no less than 4 feet” standard and Oregon and Rhode Island require a motorist to give “a distance sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic.” You can learn more about Oregon’s law in Ray Thomas’ article: http://bikeleague.org/content/passing-laws-three-feet-really-good-enough.

Section 3 allows the driver of a motor vehicle to cross a centerline, including a double yellow line, in order to safely pass a person on a bicycle. This language is based upon the language of Oregon (811.065(1)(b)) and Rhode Island (31-15-18). Crossing a double yellow line is more likely to be safe when a driver of a motor vehicle is passing a person on a bicycle than when passing a motor vehicle because of the smaller size of a person on a bicycle, the likelihood of a greater speed disparity between the motor vehicle and bicycle, and the greater visibility of oncoming traffic when a driver approaches a bicycle. The model law suggests that the allowance should be limited in the same way that crossing a center line when a double yellow is not marked.

Section 4 provides a mechanism for enforcement of the safe passing law. One of the primary complaints about 3 foot passing laws is that they cannot be enforced. This provision creates a presumption that a collision between a motor vehicle and a person on a bicycle is a violation of the safe passing law, and is based on language from Maine (Maine 29-A 2070). If the safe passing law is clearly not applicable then it is easy to discharge the presumption. However, if the circumstances of a collision are not clear then this provision means that law enforcement should issue a citation to the driver or conduct an investigation that provides evidence that rebuts the presumption. This enforcement mechanism ensures a thorough investigative process occurs for the crash type that is most likely to result in the death of a person using a bicycle.