Tag Archive for three-foot passing laws

State cycling group sides with AAA to stand in the way of cycling safety

Frankly, I expected a drivers’ organization to oppose California’s proposed three-foot passing law.

When it’s come up for a vote before, a number of organizations have stood in it’s way, from AAA and truckers groups to, inexplicably, the California Highway Patrol.

Even though safe driving — that is, not running over cyclists or forcing us off the road — would seem to be in everyone’s interest.

But I didn’t expect a state-wide cycling organization to oppose a commonsense law that would make California streets safer for everyone who rides them.

Then again, maybe I should have, considering that they’ve already come out against the Idaho Stop Law that would allow cyclists to treat stop signs as yields — a law that has proved remarkably successful in its home state, and is the envy and desire of cyclists around the country.

Myself included.

While everyone from the more mainstream California Bicycle Association to Mayor of Los Angeles support the bill, the California Association of Bicycling Organizations has come out strongly against SB 910. That bill, which recently passed the state Senate’s Transportation and Housing Committee on the 6-3 vote, would establish a minimum three-foot passing distance for drivers passing cyclists, as well as establishing a maximum 15 mph speed differential when passing closer than that.

According to CABO’s website, one reason they oppose the bill is that they don’t believe three feet is “measurable or enforceable in practice.”

Bullshit.

As it now stands, motorists are required to pass bicyclists at a safe distance without interfering with their safe operation. But there is absolutely no standard what a safe distance is.

While some drivers thankfully interpret it as giving cyclists a wide birth when they pass, others consider anything short of actually running over a rider to be perfectly acceptable. As virtually any cyclist who has ridden California roads for any amount of time can attest, it’s not the least bit uncommon to be passed with anything from a couple feet to mere inches of clearance.

Or to have a motorist squeeze by in same lane with so little margin for error that a simple sneeze on either party’s part could lead to a dangerous collision.

But under the existing standard, if you don’t actually get hit or knocked off your bike, it’s a safe — and therefore legal — pass. Even if it scared the crap out of you or made you struggle to avoid losing control.

And let’s not forget that the slipstream of a moving vehicle can sometimes be enough to make a cyclist lose control or knock you off your bike.

Despite their protestations, it’s actually the current vague standard that’s impossible to measure, giving drivers no guidance whatsoever as to how close they should or shouldn’t pass. And providing no objective standard for law enforcement, leading to judgment calls that can vary widely from one jurisdiction to another, and from officer to officer.

The three foot standard was never intended as an exact measurement. No one will ever pull out a tape measure to determine if a car is 35” or 37” from the cyclist being passed.

But any trained police officer should be able tell if a driver is passing significantly less than that. Just as any cyclist knows when a car is passing too close.

As a simple guide, the average adult arm is far less than three feet long. So if a cyclist could reach out and come anywhere near touching a passing vehicle, it’s in clear violation of the law. Under the current standard, though, it could come far closer as long as it doesn’t actually interfere with the operation of your bike.

The problem with that is that it allows no margin for error. Any unexpected action by either party could lead to a disastrous collision. Evidently, CABO has no problem with that, since they think the current standard is just fine, thank you.

Three feet merely provides, for the first time, an enforceable standard, giving motorists a yardstick — pun intended — to measure, not how close they should come, but the minimum distance they should stay away. And offers police a way to judge, without guessing, when a vehicle is too close.

Does it mean, as CABO suggests, that a three-foot law will encourage drivers to pass closer than they should under some situations, such as when driving large vehicles or travelling at high speeds?

You mean they don’t already?

Obviously, there are situations where more than three feet of clearance should be given. But I’ll gladly settle for 36 inches as opposed to the current standard of anything goes. And don’t forget, that’s a minimum standard; drivers are more than welcome to give more space when passing.

To be fair, though, I do agree with CABO on a couple points.

For instance, the proposed law contains an exemption allowing drivers to pass cyclists with less than three feet clearance, as long as they slow down to no more than 15 mph faster than the bike being passed.

In other words, if you’re riding at 15 mph, a driver wouldn’t have to give you three feet as long as they were travelling at no more than 30 mph.

I don’t think so.

I don’t know of any objective way for a driver or law enforcement officer to know just what the speed differential is between any two passing vehicles.

And frankly, I don’t want a driver trying to squeeze by at 10 mph above my speed any more than I want one doing it at 20, 30 or 40.

Even at the slower speeds, it would do nothing to reduce the possibility that either party might swerve unexpectedly. So it would do little to reduce the risk of a collision, but merely limit the severity.

And personally, I’d rather not get hit at any speed, thank you,

We’re also in agreement that drivers should be allowed to briefly cross double yellow lines in order to pass a bike; many drivers — myself included — do that anyway. As long as the other side of the road is clear, there’s far less risk in briefly putting two wheels across the center line than in passing a rider too closely.

Others have argued that the failure to enforce similar laws in other areas suggests that it will fail here, as well. But it’s up to the cyclists and citizens in those states to get police to enforce the laws on the books, rather than our responsibility to avoid passing much needed laws.

After all, if the police somewhere else stopped enforcing their laws against armed robbery, that wouldn’t be a reason to take ours off the books.

There are provisions in the proposal that can and should be changed, and places where the wording could be tightened up to avoid unintended complications. However, there’s still plenty of time left to improve the bill before it comes up for a final vote.

But let’s face it. You don’t have to talk to many California cyclists to realize that our current law is a complete, abject and utter failure that puts every rider on our roads at needless risk.

And a three-foot passing law is a vital first step in correcting it.

Valencia trial nears conclusion, CA 3-foot law moves forward, NY Post absurdly fans the bikelash flames

Dj Wheels reports that the trial has resumed in the case of Marco Antonio Valencia, charged with murder and hit-and-run, among other charges, in the death of Joseph Novotny and the serious injury of three other riders.

According to Wheels, the prosecution has rested their case, and the defense is expected to conclude today after calling a single witness.

The defense’s expert witness, Dr. Ari Kalechstein, a neuro-psychologist who has testified in numerous other trials about the effect of intoxication on the brain and the effect on behavior, offered the opinion that Valencia was “unconscious” (either blacked out or passed out) at the time of the collision with the cyclists.

The prosecution’s cross examination has begun and will resume tomorrow morning (Tuesday) at 10:30am.  So far, the prosecution is attempting to establish that although someone is “unconscious” (i.e. blacked out) they can still be aware of what they are doing.  Also that despite the expert’s opinion, he can not provide the jury with any indication of what was going on in the mind of Valencia at the time of the collision.

After the defense rests, the judge and attorneys will have to confer about the appropriate jury instructions to read to the jury before closing arguments begin.

Hopefully they get through it all tomorrow so the jury can start deliberating.

The Signal reports on the same testimony, and notes Valencia faces 27 year to life if convicted on the murder charge.

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Jim Lyle reports that the news is good for Richard Schlickman, the cyclist injured recently in a fall caused by new speed bumps in Palos Verdes Estates, as he has been moved to a rehab facility and is talking up a storm. Meanwhile, no change in the condition of Adam Rybicki, critically injured in a collision with an alleged drunk, under-aged driver.

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California’s proposed three-foot passing law makes it onto the legislative agenda; provisions also include a requirement that drivers pass riders at no more than 15 mph above the speed of the bike, with a fine of $250 for violations. Meanwhile, Kansas cyclists get a shiny new three-foot passing law of their very own; that brings the total up to 17 states with a three-foot law.

And it could soon be illegal to use a hand-held cell phone while you ride.

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What kind of a jerk would steal a bike from a teenager with Downs Syndrome? As I’ve said before, there’s a special place in hell…

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Now you can round up your credit and debit card purchases, and contribute the difference to the Bikes Belong Foundation to support projects like People for Bikes and Safe Routes to School.

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The bike-hating New York Post once again smears Gotham cyclists, noting that 24% of riders they observed in bike lanes at a busy intersection ran red lights — but fails to note that the overwhelming majority didn’t. According to the paper, fifteen percent rode the wrong way or swerved in and out of bike lanes; yet once again, they neglect to mention that 85% stayed in the lanes and rode with traffic. Or the distinct possibility that cyclists swerved out of bike lanes because they were blocked by the city’s famously double-parking drivers or pedestrians who use the bike lane as an extra sidewalk.

They also get their hackles up over the 81 cyclists out of 7,182 riders — just over 1% — who rode on the sidewalk; something tells me a lot more drivers than that parked in the bike lane. And of course, when they describe an average of four near-collisions an hour, they fail to note who was at fault, absurdly implying that the cyclists were to blame in every case.

In a textbook example of pot calling kettle black an editorial today, the paper says “far too many cyclists are clueless, boors or bullies,” and calls for a continued crackdown on New York cyclists.

You have to admire a publication with such a firm commitment not to let facts or rationality sully their pages.

Meanwhile, some New York cyclists consider the city’s separated bike lanes “deathtraps;” however, the Wall Street Journal notes that the number of riders killed in them totals exactly zero.

And much-maligned NYDOT Commissioner Janette Sadik-Khan joins the board of Occidental College; could this be a first step in coming back home to Los Angeles?

Pretty please?

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Will Campbell shares a photo of the ghost bike for shooting victim Manuel Santizo. LACBC wants your support for bike lanes on the soon-to-be-widened North Spring Street Bridge. LAPD bike cops could soon be zipping around on e-bikes. Streetsblog notes that removing Brentwood and the Westwood condo corridor reduces the effectiveness of the planned Wilshire Bus Rapid Transit lane by 40% — not to mention putting cyclists, who would share those lanes, at continued risk in some of the most dangerous sections of the boulevard. HuffPo offers a biking route from Echo Park to Venice Beach. Gather some friends together make your own Santa Monica CicLAvia. Help take CicLAvia to South L.A. Dancer ala Mode says her new career as a bike advocate began when someone stole her bike. Next time you need your Penny Farthing fixed, Flying Pigeon can handle the job.

Rick Risemberg visits the new separated bike lanes in Long Beach; Mihai and Gary Kavanagh seem impressed as well. A Monrovia High student nears a perfect season in the SoCal high school mountain bike league. Great bike photos from the Claremont Day of Champions. Bicycling’s ride of the day is our own Mt. Baldy. Long Beach’s biking expats Russ Roca and Laura Crawford are the proud owners of Bike Radar’s website of the week. A 17-year old OC cyclist riding on the 405 Freeway gets a good talking to from the police. A San Diego cyclist suffers a life-threatening injury after being doored by a driver getting out of her parked car.

A comprehensive beginners guide to bicycling. How bike economics can help beat the energy crisis. Wired looks at the culture of bike messengers. Complete Streets means the freedom to get around the way you want. A bike hating Tucson driver considers switching sides. Former president George W. Bush rides with the Wounded Warrior Project. Illinois police will now track dooring incidents, after originally saying they couldn’t. Minnesota reminds drivers to share the road after the state suffers its first cycling fatality of the year. A new campaign identifies bike-friendly businesses in New York; something tells me the Post won’t be one of them. Mo Rocca says when the U.S. becomes a third world country, we’ll all be riding bikes; hey, works for me.

Male drivers are twice as likely to have distracted-driving collisions as women. A London cabbie starts a campaign against high-intensity headlights, saying they put cyclists and others at risk by blinding drivers. An 81-year old UK man is killed in a collision with a cyclist. BoJo will be giving Will and Kate a tandem for a wedding present. Pharma Lotto rider Phillipe Gilbert wins three classics in a single week, though some question if the Schleck brothers handed the last one to him. Tel Aviv is the latest city to suffer a bikelash over bike lanes. South Jakarta gets its first bike lanes, though it looks more like motorcycle parking in the photos.

Finally, New York state police pepper spray a drunk cyclist. And a member of New York’s Transportation Alternatives board of directors says cyclists need to show we’ll use bike lanes responsibly; if drivers were held to that standard, no new roads would ever be built.