Thursday, November 20, 2014

Bob Mionske on the 3-foot passing law

From Slowtwitch -- The narrative on our reader forum last week troubled me. Taken at face value it seemed a California Highway Patrol officer predisposed against cyclists interpreted the state's new 3-foot law as a way to take it out on a cohort he doesn't like. Of course, there may be more to the story (there often is). Happily, if this officer is cyclist-averse, he's likely in the small minority. I interviewed the CHP about this incident and about California's 3-foot law in general.

Then I turned to Bob Mionske for his take. Bob is an Olympic cyclist and the dean of bicycle accident attorneys. More than that, he's an expert on the rights of cyclists under the law. While California is not a state in which Mr. Mionske practices he's well acquainted with the elements of California's Motor Vehicle Code pertaining to cyclists.

SLOWTWITCH: With the advent of the 3-foot minimum buffer afforded bicyclists by a motorist when passing, a conflict created by the vehicle code can arise, and arose via a citation written in a rural part of San Diego County last week. When the Legislature passed the new 3-foot law there was no corresponding modification of Vehicle Code Section 21460, which restricts motorists from crossing a double yellow. My question: If, on a rural 2-lane road, an officer gives a motorist a citation for part of the vehicle crossing the double yellow in order to grant the cyclist room, assuming there was clearly sufficient room to do so without peril from an oncoming vehicle, what is the likeliest scenario in a courtroom if the motorist decides to contest this citation?

BOB MIONSKE: Technically, it's against the law. [Continue reading ...]

Poster's note:  Delaware too has no legal exception allowing drivers to cross the double yellow line to pass bicyclists.

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