Tag Archives: 3 foot law

A simple reminder.


A bike, riding far to the right is not an inconvenience. It is a courtesy. To you the driver. If you cannot pass them safely and legally, do not pass them. When you do, you become the reason there are riders that will not keep to the right explicitly to prevent you from making a dangerous pass.

To be clear, both riders are doing as the legally are allowed.

The relevant law is 40-6-294 – Riding on Roadways and Bicycle Paths

The law itself is pretty clear. Paragraph A defines the “hazards to safe cycling” as used in the later paragraphs, but essentially states that anything that can be deemed a hazard, shall be.

Paragraph B and the associated subsections define the where to ride as “As Far Right As Practicable” which for clarity does not mean “Possible”. The subsection all define the exceptions to the need to keep far right ( above and beyond what the rider deems as practicable ). These exceptions are important to know, and while most should be common sense: turning left, traveling at traffic speeds and passing other vehicles.

However, there are two exceptions that need to be examined specifically.

There is a right turn only lane and the person operating the bicycle is not turning right

This is a big one, because it precludes an action that many, perhaps even most drivers believe is courtesy, and should be practiced by road cyclists. In essence, it says that a bicycle may NOT use a right turn lane to give up space to a passing driver if they are not turning. Worse, though is that under 40-6-291

Notwithstanding the provisions of Code Section 40-6-50, any person operating a bicycle may ride upon a paved shoulder; provided, however, that such person shall not be required to ride upon a paved shoulder.

A cyclist may ride on a paved shoulder, though they are not required to, but if that shoulder becomes a right turn lane, they have to move from the shoulder, into the travel lane until the turn lane ends.

This violates the single most important rule of road safety: Move Predictably.

The lane is too narrow to share safely with a motor vehicle

An exception that essentially undoes the foundation of “Far Right As Practicable”, because there are virtually no bike usable roads in the state that meet the width required to “share safely with a motor vehicle”.

How wide would that lane need to be to meet that criteria?

Well, to answer that question, we need to know the maximum width of a motor vehicle, which is 8 feet 6 inches. We also need to know the width of a bicycle, which is 2 feet 6 inches. That says that the absolute bare minimum would be 11 feet, but that does not address the legal definition of safe passing distance, which is 3 feet. The quick math shows 14 feet as the minimum width required to ALWAYS meet that criteria.

But extend that a step further. The average width of a motor vehicle in the US is a little above 6 feet, largely courtesy of the rise of SUV and truck sales, and assume that the cyclist is willing to ride on the white line reducing their effective width to 1 foot 3 inches. Even at those numbers, most roads have lanes that are just 11 feet wide.

Meaning that a cyclist is legally within their right to ride pretty much anywhere in the lane they need to create a safe space to ride.

Last but not least, there is NO stipulation for single file

In fact, the laws that establish two abreast as the legal way for bicycles to ride do not even provide a local override stipulation as the sidewalk use law does, so even the ‘single file’ signage that has been placed in some areas of the state have no legal basis, nor is there language to allow a county, city, or public works department to enforce single file on bicycles.

The entire law is posted below for your perusal.

a. As used in this Code section, the term “hazards to safe cycling” includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle.

b. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when:

  1. Turning left;
  2. Avoiding hazards to safe cycling;
  3. The lane is too narrow to share safely with a motor vehicle;
  4. Traveling at the same speed as traffic;
  5. Exercising due care when passing a standing vehicle or one proceeding in the same direction; or
  6. There is a right turn only lane and the person operating the bicycle is not turning right; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road.

c. Persons riding bicycles upon a roadway shall not ride more than two abreast except on bicycle paths, bicycle lanes, parts of roadways set aside for the exclusive use of bicycles, or when a special event permit issued by a local governing authority permits riding more than two abreast.

d. Whenever a usable bicycle path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such bicycle path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the bicycle path has become inadequate due to capacity, maintenance, or other causes.

e. Bicycle paths subject to the provisions of subsection (d) of this Code section shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such bicycle paths shall provide accessibility to destinations equivalent to the use of the roadway.

f. Any person operating a bicycle in a bicycle lane shall ride in the same direction as traffic on the roadway.

Can Bicycles Pass Cars on the Right?

This is a surprisingly common question from drivers any time the discussion of bicycles on the roads comes up. Unfortunately, while the law is fairly clear on this, it seems to confuse a lot of drivers (and cyclists too). So, let us delve into this in detail and evaluate just what the law means and intends. There are several parts to this discussion, and a couple of different laws that come into play here, so we will need to deal with a few different situations to illustrate the issues.

There are really 3 scenarios that exist and raise this question.

Road with a Bike Lane

When there is a bike lane, there should be no doubt here. If a bike is using a bike lane, it is no different than a car in a seperate lane. It should move as far forward as the traffic in that lane allows.

That said, just because there is a bike lane present, a cyclist is NOT required to use it.

Road with a Shoulder

This is where the confusion begins. If there is not a bike lane, does that change things? Well, looking to the law we get a clear answer from 40-6-291.

40-6-291

(b) Notwithstanding the provisions of Code Section 40-6-50, any person operating a bicycle may ride upon a paved shoulder; provided, however, that such person shall not be required to ride upon a paved shoulder.

Meaning that where there is a shoulder a bicycle may use it, but they may not be required to use it in the same way as they are given the option regarding the use of a bike lane when it is present. Given that, yes, they absolutely can pass on the right using a shoulder as if it is a bike lane.

Road without a Shoulder

This case is the one where things become a little less clear. Part of the confusion stems, oddly enough, from the very same 3′ law designed to protect cyclists on the roads. For the purpose of this discussion we are going to use the version of the the 3′ law that becomes effective July 1st.

40-6-56. Safe distance defined; application to bicyclist.

(a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows:

(1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times.

(b) Any violation of this Code section shall be a misdemeanor punished by a fine of not more than $250.00.

When people hear and relate to the 3′ law, the common perception is that it applies to cyclists as well, and that a bicycle must also give a car ot truck that same 3′. The wording of the law however is quite clear. The explicit use of the “motor vehicle” designation as well as specifically addressing as a motor vehicle passing a bicycle and never in the reverse context.

So, no a bike does not have to give a car 3′ feet, and as there is an expectation of shared space, there is no prohibiton from a bike passing a car in the shared lane, any more than there is for a car to pass a bike, given that it can be done safely, and without leaving the roadway or paved portion of the shoulder, something that is a common occurence with cars going around left turning cars, which is, I might add, also illegal.

Things a Bike Cannot Do

All of that said, there are things that a bicycle cannot do to pass traffic at a stop control.

  • A cyclist cannot leave the road and ride down the grass/dirt area next to the roadway.
  • A cyclist (over the age of 12) cannot use a parallel sidewalk ( unless it is a designated multi-use path ).
  • A cyclist may not hold onto a vehicle in the roadway for stability or to be pulled along.
  • A cyclist may not create an impact with a vehicle ( ‘flip the mirror’ ) in order to get past.
  • A cyclist may not use a right hand turn lane to filter forward.
  • A cyclist may not use a right hand turn lane to give space to allow cars to pass.

Things a Car Cannot Do

There are a couple of common behaviors that are also not legal to be aware of.

  • A driver cannot move over to block a bike lane to prevent filtering.
  • A driver cannot move over to block a shoulder to prevent filtering.
  • A driver cannot allow a passenger to ‘door’ a filtering cyclist.
  • A driver cannot throw things out the window at a filtering cyclist.

Conclusion

The reality is, there are few situations where a cyclist cannot legally filter forward, and in truth, statistically speaking filtering forward is the safest and least disruptive model for cyclists to follow. However, there are caveats to this. Groups generally should not filter. Many cyclists will elect not to filter when they know that the far side of an intersection presents a pinch point that places them at an elevated risk for a crash.