A thought about our 3' safe passing bill

In the State's Drivers' Manual it says the following:

"A pedestrian does not have the right of way to cross a roadway outside of a crosswalk. A pedestrian who crosses a roadway outside of a crosswalk must yield to any vehicle, although a driver must always avoid hitting the pedestrian."

That is to say even if the pedestrian is not crossing in a legal manner motorists must do their best avoid hitting the pedestrian. But in our safe passing bill the cyclist must be riding lawfully, that is to say as far right as practicable and if police and/or the courts or even possibly the motorist feel that the cyclists should be further right then their is no obligation for a 3' passing distance.

This years 3' safe passing distance adds these two exceptions:

(I) THE BICYCLE, EPAMD, OR MOTOR SCOOTER RIDER FAILS TO OPERATE THE VEHICLE IN CONFORMANCE WITH § 21–1205(A) OF THIS SUBTITLE (“RIDING TO RIGHT SIDE OF ROADWAY”) OR § 21–1205.1(B) OF THIS SUBTITLE (“ROADWAY WITH BIKE LANE OR SHOULDER PAVED TO SMOOTH SURFACE”); OR
(II) A PASSING CLEARANCE OF LESS THAN 3 FEET IS CAUSED SOLELY BY THE BICYCLE, EPAMD, OR MOTOR SCOOTER RIDER 10 FAILING TO MAINTAIN A STEADY COURSE.

In other words "but the cyclist swerved" would be a codified legal excuse as would be "but the cyclists was not riding as far right as possible."

State's Drivers' Manual: <a href="http://www.mva.maryland.gov/Resources/DL-002B.pdf">http://www.mva.maryland.gov/Resources/DL-002B.pdf</a>;

This years bill: <a href="http://mlis.state.md.us/2010rs/bills/sb/sb0051t.pdf">http://mlis.state.md.us/2010rs/bills/sb/sb0051t.pdf</a>;
Last years bill: <a href="http://mlis.state.md.us/2009rs/bills/sb/sb0428t.pdf">http://mlis.state.md.us/2009rs/bills/sb/sb0428t.pdf</a>;
Note: All cap bolded text is the additions. Brackets [] indicated deletions.