Three Foot Passing Laws

As of the 2009 legislative season, by my count, 13 US states have added three-foot passing provisions (not counting Missouri or SC, which both relatively recently added “safe passing” laws without specifying a distance):

*SC and MO: requires “safe operating” — not specific distance.

For background, history and commentary on Three-foot “safe passing laws” see original page on azbikelaw.org

Since completing the roundup last year, I mainly hear of these through word-of-mouth, so please contact me if you have any more info.

• IL, Illinois passed SB0080 Aug 16, 2007, which became Public Act 095-0231.
• AR, Arkansas Act 681, passed Mar 29, 2007.
• ME, Maine LD 1808, becomes Public Law Chapter 400, passed Jun 22, 2007
• TN, Tennesee passes HB0235 — the “Jeff Roth Bicycle and Pedalcyclists Protection Act of 2007″, May 3, 2007. It is filed as Chapter 81 of 105th Legislture
• WA, Washington. The CBCEF has a campaign at give3feet.org, which is sponsored by it includes some nifty graphics of three feet.
• OR, Oregon had a bill that died, SB0299 (search for 299 in current/2007 measures), and passed as SB0108. Addresses passing , but not specific distance. I.e. no 3 feet.
• CA, California AB 60 (search for 60 in assembly bills 2007/2008), withdrawn Apr 16, 2007.
• CT, Public Act 08-01 enacted a new law in Connecticut, effective October 1, 2008, which requires motorists to allow at least three feet of separation
• NH, HB-1203. Requires not only 3 feet, but also “one additional foot of clearance required for every 10 miles per hour above 30 miles per hour”. It has a few other provisions. An extra reflective strip must now be worn in the dark — good idea but seems to me to be an unnecessary legal burden on an otherwise well-lit cyclist.
• FL, Florida State Statute 316.083, 316.085
• SC, HB3006 passed in 2008, 5 foot distance was dropped from the bill but requires a “safe operating distance”, Section 56-5-3435. The law includes criminal penalties if the infraction results in serious injury or death, Section 56-5-3500. It even makes harassment a crime. There are other good new provisions, in addition to deleting the mandatory sidepath rule, new language in their ride-right rule makes clear “A bicyclist may, but is not required to, ride on the shoulder of the road”, Section 56-5-3430.
• CO, Senate Bill 148 governor signed May 12, 2009. also includes something about 2 abreast, and other things. Details at Bicycle Colorado.

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A perennial problem with any such law is lack of enforcement (or perhaps enforceability, depending on who you ask), e.g.  In the city of Tucson over an 18-month period there were a total of 3 citations according to tucsonbikelawyer.com; zero-citations-so-far-for-three-foot-passing-rule-in-tucson-this-year.

Here’s another roundup, current as of later part of 2008

Another one that is less recent according to the date, but is notable because it includes passing laws for all fifty states.