The 2012 legislative session did not substantially advance the interests of cycling in Maryland. Last year saw the passage of House Bill 363, which created a new crime of vehicular negligent homicide, after years of lobbying by cyclists, AAA, victims families, and the elected states attorneys. And 2010 was a banner year, with both the creation of the 3-foot passing law and repeal of the long-hated mandatory shoulder use rule.

This year, the General Assembly rejected Governor O’Malley’s proposal to end the sales tax exemption for gasoline, which means that many transportation projects are likely to proceed more slowly than planned—including those that help cycling. The Purple Line will be threatened unless the Legislature provides funding next year. The Legislature also declined to give police the power to stop a driver for talking on a cell phone. But the news was not all bad:

• A Senate bill to repeal the negligent homicide statute was soundly rejected (S.B. 942);
• The House Environmental Matters Committee gave an unfavorable report to a bill that would have allowed automobiles to cross the double yellow line to pass bikes (H.B. 1397); and
• The House failed to act on a proposal to legalize cycling on all sidewalks statewide except for those in Gaithersburg and Baltimore (H.B. 946).

While each of these bills were poorly conceived, the sponsors had good intentions and it may be possible to accomplish their objectives without the problems their bills would have caused. Over the next few days, I’ll comment on the fate of those three bills and possible next steps.

(Jim Titus is affiliated with several Maryland cycling groups. The opinions expressed herein are Jim's alone, and do not reflect the views of any organization with which he is affiliated.)

As part of a long running campaign to make road users aware of their own influence on road safety the Dutch Ministry for infrastructure and the environment recently launched a new series of commercials. These ads run on national television.

It is very clear who is held responsible here. Drivers are directly addressed to reflect on their excuses for speeding.

There is no excuse for speeding when another person’s safety is at stake.

[B' Spokes: I will also note my ongoing efforts to correct the State's summaries of this law, some have been successful and some have not, such as this is still a good link: http://www.marylandroads.com/MHSO/BikeSafety_LawCard.pdf


To highlight bits of Jim's article for emphases:]

• If the highway is too narrow for the driver to legally pass with the required clearance. This probably only applies to narrow highways, such as one-lane bridges and narrow roads where cars must slow and pull partly off the road to pass in opposite directions. But Bike Maryland believes that it also applies to no-passing zones (double yellow lines) on standard 2-lane roadways , because it thinks that the legislature inserted the word “highway” when it meant “lane”.  This assumption prompted Bike Maryland to sponsor HB 1397 which would have allowed cars to cross the double yellow line to pass bikes.  That way, our Baltimore allies reasoned, the exception to the 3-foot rule will no longer apply because it will be legal to pass with the required clearance.  Previous posts on this blog have discussed why many cyclists did not support that bill. MDOT also opposed the bill, albeit for different reasons. After the session, some of the advocates had an email colloquy with MDOT on whether the three-foot bill does or does not apply to the typical 2-lane road.    I asked MDOT for its position on that question, but so far, MDOT has not responded,

These four exceptions have been widely publicized, though few drivers probably undestand what they mean and no one knows what the final one means.

Between the ambiguous exceptions, and the exceptions to(the (bike lane and keep right) exceptions, Maryland has a law that is too confusing to explain to student drivers.  Fortunately, the Motor Vehicle Administration appears to be sticking to the simplest approach:  Drivers should pass cyclists with at least three feet.  This was always MVA's recommended best practice, and the fact that a court can not convict a driver for passing with less clearance in some situations does not change the clearance with which a reasonable driver will pass.

(Jim Titus is on the board of directors of WABA from Prince Georges County, The opinions expressed herein do not necessarily represent the views of WABA.)

http://www.thewashcycle.com/2012/04/in-maryland-3-foot-law-still-requires-cyclists-to-be-vigilant.html