Maryland Legislation Final Outcomes
By Washcycle
Some good news. Among other things, cyclist in Maryland will no longer be required to use the shoulder just because one is present. And while criminally negligent driving that results in a death won't be a misdemeanor, negligent driving that results in a death may result in a $1000 fine and a 180 suspension of a driver's license.
SB 189, suspension of driver's license for reckless or negligent driving that leads to a fatality: Passed.
HB 282, Declaring that it is the policy of the State that the Maryland Department of Transportation shall work to ensure that there is an appropriate balance between funding for specified transportation projects for pedestrians and bicycle riders and specified highway construction projects and place increased emphasis on specified transportation projects: Passed.SB 624, removing the mandate that bicyclists ride on a shoulder when one is present and allowing a bicyclist to cross a street in a crosswalk when riding on the adjacent sidewalks is legal, and requiring vehicle drivers to yield to cyclists in a crosswalk: Passed.SB 870, Making it a misdemeanor for a person to cause the death of another as a result of the person's driving, operating, or controlling a vehicle or vessel in a criminally negligent manner: Failed.
The last bill is the three feet passing bill. As Contrarian points out it's pretty weak. I don't agree that it makes things worse because of part 1 that still requires due care. But the exceptions make it worthless beyond the symbolism. There is now a 3 feet law, but it has no teeth.
(a) Notwithstanding any other provision of this title, the driver of a vehicle shall
(1) Exercise due care to avoid colliding with any bicycle, EPAMD, or motor scooter being ridden by a person; AND
(2) WHEN OVERTAKING A BICYCLE, AN EPAMD, OR A MOTOR SCOOTER, PASS SAFELY AT A DISTANCE OF NOT LESS THAN 3 FEET, UNLESS, AT THE TIME:(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 FAILING TO MAINTAIN A STEADY COURSE.(III) THE HIGHWAY ON WHICH THE VEHICLE IS BEING DRIVEN IS NOT WIDE ENOUGH TO LAWFULLY PASS THE BICYCLE, EPAMD, OR MOTOR SCOOTER AT A DISTANCE OF AT LEAST 3 FEET.
So if the lane [Law says Highway, which is all lanes] is too narrow for safe passing, you can go ahead and pass in an unsafe manner. I'd like to see LAB not give them credit for this poor law. This is not a three feet passing law. It's a sham. Though I do like that the MSM is reporting it without caveats. It helps if people believe they always have to give three feet.
Legally, bikes do have a right to the roadways, in most cases in most jurisdictions. Those rights have been expanded in D.C. and Maryland where a 3-foot rule has been passed. That rule directs drivers to give cyclists a 3-foot buffer. Harrison cites that as a national trend.
http://www.thewashcycle.com/2010/04/maryland-legislation-final-outcomes.html