Tag Archives: bicycles

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.

House Bill 353 and Changes Effective July 1

While House Bill 353 may not seem like a big deal, it really is for both cyclists and drivers. Unfortunately, it does not include a large education budget, so getting the word out about these changes is going to fall heavily upon the cyclists in the state of Georgia. So, let us discuss what it means, how it affects drivers and cyclists, and how we can get the word out.

What is HB 353

In short, it is a bill that alters the wording of 40-6-56, the “Three Foot Law” as adopted in 2011 for clarity and detail. In order to understand the changes, we need to first look at the original wording.

40-6-56. Safe distance defined; application to bicyclist. as of 2011

(a) As used in this Code section, the term “safe distance” means not less than three feet.

(b) Notwithstanding any provision of this article to the contrary, when feasible, the operator of a motor vehicle, when overtaking and passing a bicycle that is proceeding in the same direction on the roadway, shall leave a safe distance between such vehicle and the bicycle and shall maintain such clearance until safely past the overtaken bicycle.

What this means is really pretty simple. When passing a bike, on a roadway ( note roadway, not lane, so even in a bike lane, the safe passing space is 3 feet ). This seems clear cut and in need of no clarification, and yet, it does.

Why?

Because sadly, there remains confusion regarding the legality of crossing a double yellow lane marking in order to accommodate the required 3 feet of safe passing space.

That is where HB 353 matters.

40-6-56. Safe distance defined; application to bicyclist. as of July 1, 2021

(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.

There are some big changes here, and they will need to be spelled out to drivers, and to a lesser degree, law enforcement. The expansion of (a) for clarity and detail is much needed, instead of just codifying 3 feet, it details exactly HOW to apply the concept of safe passing. Starting with a requirement for a lane change if possible, which includes crossing the double yellow line ( under the existing obstruction laws that already apply for mail carriers, garbage trucks and similar ). It then continues to clarify how to safely pass when a lane change is not possible. Adopting language aligned with the successfully implemented in the Spencer Pass Law ( 40-6-16 ) regarding the passing of emergency vehicles on the roadways from 2017, when changing lanes and giving the required 3 feet of space, it codifies a speed reduction, 25 mph or speed limit – 10 mph, whichever is greater.

Finally, it also codifies, at a state level the maximum penalty for violating the statute, making this a far easier statue to enforce.

Conclusion and What Comes Next

What this means for cyclists is that the burden is now on us to educate, and get the word out to drivers, to law enforcement, to family and friends. As things stand, the 3 foot law is poorly understood, and this new law is going into effect with relatively little awareness of the upcoming change. To actively educate and promote this new law should reside with all road cyclists.

For convenience, linked is a publicly available post regarding the details of the law for sharing to non-cycling communities, one we need to disseminate as widely as possible: