Support Cycling in Texas
Join BikeTexas
Become a member & have your voice heard
Share the Road, Y'all
Order the TX license plate for bicycle safety
Build Texas Trails!
Order the TX license plate for multiuse trails
Donate to the Cause
Safety & Education
SafeCyclist Certification
Free training to teach the SafeCyclist Curriculum
Educational Resources
Resources for teachers and community members
SRTS Event Handbook
Events Calendar
Mon, May 21 7:00pm -
9:00pm
Atmos Building, Midland International Airport, Midland, TX
Permian Basin Bicycling Association Monthly Meeting
Wed, May 23 6:30pm -
8:30pm
BikeTexas Office - 1902 E. 6th St., Austin, TX 78702
ACA Monthly Meeting
Sat, Jun 2
All over Texas!
National Trails Day
Wed, Jun 6 6:00pm -
9:00pm
BikeTexas office
Defensive Cycling Class
Fri, Jun 8 6:30pm -
7:30pm
Chamber of Commerce, Tyler
Tyler Bicycle Club Monthly Meeting
Safe Passing Bill
Programs; Advocacy; Safe Passing; Ordinance FAQ
Thursday, 17 December 2009
Back to Safe Passing; HOME
1. What protections does this ordinance provide?
This Safe Passing Ordinance will establish a standard safe passing distance of 3 ft (or 6 ft for Commercial Vehicles) that only applies when road conditions allow. It also prohibits the "right hook" (turning dangerously in front of a vulnerable road user) and failing to yield when making a left turn at an intersection.
2. What are the penalties for violating this ordinance?
This is up to each community that passes the Ordinance. However, the Safe Passing Ordinance establishes the breaking of traffic laws by a bicyclist, or other vulnerable road user, as a defense to prosecution.
3. Why do we need this ordinance?
Sadly, approximately 50 cyclists, 400 pedestrians and 500 motorcyclists are killed every year in Texas. Many of those fatalities could be prevented if this law were enacted.
4. Who are “vulnerable road users”?
"Vulnerable road users" include a pedestrian, runner, physically disabled person, child, skater, construction and maintenance worker, tow truck operator, stranded motorist, equestrian, and person operating a bicycle, motorcycle, or unprotected farm equipment.
The group of vulnerable road users can be subdivided in a number of ways such as the amount of protection in traffic (e.g. pedestrians and cyclists) and the amount of task capability (e.g. the young and the elderly).
5. Why do vulnerable road users require additional protection?
Vulnerable road users are allowed to use the roadway by law in Texas, but vulnerable road users do not have the same (armor) protection as motorists.
6. How are the safety distances determined? Why 3 feet for cars and 6 feet for commercial/large trucks?
The safety distances are consistent with existing safe driving practices. Currently the Texas Commercial Driver’s handbook recommends commercial vehicles allow six feet because of the wind effect of a tractor trailer that can pull a cyclist three feet closer.
7. What do other states do?
16 states have a law protecting vulnerable road users and requiring 3ft passing clearance.
Alabama, Arizona, Arkansas, Connecticut, Florida, Illinois, Maine, Minnesota, New Hampshire, Oklahoma, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin.
8. Is there a presumption of liability?
No. The Safe Passing Ordinance has no effect on traditional notions that a person is “innocent until proven guilty”.
9. Can a motorist pass a vulnerable road user in a no passing zone?
First, the Safe Passing Ordinance will establish a standard safe passing distance of 3 ft (or 6 ft for Commercial Vehicles) that only applies when road conditions allow. If road conditions do not allow, the Safe Passing Bill has no effect on passing in no passing zones. Second, current Texas law provides that a cyclist moving slower than traffic shall ride as near as practicable to the right edge of the road way and that a cyclist may not obstruct the normal flow of traffic.
Current Texas law does not provide an exception to allow passing in a no passing zone. A motorist must wait until the no passing zone ends to pass another road user, including a tractor, cyclist, or other slower-moving legal road users.
Texas law concerning safe passing requires a “safe passing distance”. The Safe Passing Ordinance defines a “safe passing distance” as 3 ft.
PROGRAMS | ADVOCACY | EDUCATION | TRAILS | SHARE THE ROAD | BIKETEXAS STORE
BIKETEXAS BIKENEWS | EDUCATIONAL RESOURCES | JOIN | DONATE
© 2010 BikeTexas and BikeTexas Education Fund
