[image-1]Ohio hopes to join the 37 states and the District of Columbia that have a mandatory minimum of three feet of separation between motor vehicles and bicycles when passing.
On May 26, the Ohio House passed Bill 154 (78-15), brought by the Ohio Bicycle Federation (OBF) with a provision mandating a minimum of three feet of distance, a distance endorsed by the American Automobile Association and the League of American Bicyclists, between bicyclists and passing motor vehicles. The bill will now go on to the Ohio Senate for a final vote before the end of the year.
Of the 37 states with a minimum of three feet for passing, South Dakota currently has the most specific parameters regarding passing laws, requiring “a three foot separation…if the posted limit is 35 miles per hour or less and a minimum of six feet separation if the posted limit is greater than 35 miles per hour.” Pennsylvania has set the highest standard, requiring four feet at minimum to pass.
Seven states—Washington, Oregon, Montana, Missouri, South Carolina, New York, and Vermont—do not have an explicitly stated minimum. Rather, they require a “safe distance” which varies state to state. Currently, Ohio is one of 13 states (15 including Guam and Puerto Rico) to not have a law on the books at the state level mandating a minimum distance to pass.
The bill, comprised of three provisions, was originally brought before a court in 2013. One provision allows cyclists to go through a red light if the signal detector failed to detect them. (A similar law allowing a “soft stop” was recently passed in San Francisco.) Another provision, which has since been passed separately as part of an omnibus transportation bill in 2013, changed the definition of a “bicycle” to incorporate pedal driven, human powered vehicles with more than two or three wheels.
If passed by the state Senate, the impact of the current law has larger than standard implications in Cleveland.
The City Planning Commission recently reignited criticism from planners and bicycle advocates when they painted a buffer, which is traditionally placed between the designated bike lane and motor vehicle traffic to create a protected bike lane, between the bike lane and the curb on Prospect Ave.
Similar designs have drawn criticism in the past. This unorthodox template does not follow any design from the Chicago Bike Lane Design guide, a primer created by Chicago Department of Transportation, which Cleveland uses as a touchstone.
Steve Magas, affectionately known as “The Bike Lawyer,” a lawyer based in Cincinnati and member of the Ohio Bicycle Federation, worked closely to craft the bill and move it through the court. Magas has been closely involved in litigation and committed to advocacy for bicyclists for 30 years.
“Ten and 20 years ago you couldn’t get politicians to spell ‘bike,’” he said.
Though initially hesitant because of enforceability concerns, Magas now sees a law mandating a minimum of three feet as a victory in a long fought battle for safety.
In Ohio, “there are about 1,500 bicycle-motorist accidents annually, a low number compared to other states but one that could improve,” said Magas.
Though high profile cases such as the death of two bicyclists in Brecksville late last year, the death of five in Kalamazoo, and the death of Sylvia Bingham in
Cleveland in 2009, may deter bicycling, Magas evokes a saying about shipwrecks and plane crashes:
“Shipwrecks or plane crashes make the news, but 99.95 percent of cast offs and take offs go off without a hitch.”
He hopes to see Bill 154 through the Ohio Senate and on the Governor’s desk before the end of the year. If the bill does not find its way to the Governor’s desk before December 31, Magas and the OFB will have to start all over.
This article appears in Jun 8-14, 2016.
This is good. More motorists need to respect bicyclists right to be on the road. But, it’s a two way street. Bicyclists should not ride 4 wide especially on a road that is 55 MPH and in a no passing zone. This puts them and the motorists in danger. This has happened on Baumhart Road and, on Gifford Rd which is a country road.
Bicycle operators are permitted to ride “no more than two abreast” – but – they are also permitted to take the full lane wherever the lane is too narrow to for a bike and motor vehicle to share the lane side by side…
Often, Ohio’s 55 mph roads are too narrow to be shared side-by-side. Smart cyclists ride well into the lane to discourage passing by motorists who don’t want to change lanes. This doesn’t “put them in danger” but rather minimizes the risk and danger to cyclists. Passing too closely to a bicycle can lead to catastrophic consequences and a riding position that allows motorists to perceive the cyclist from far away and then forces the motorist to change lanes provides a measure of safety. When the cyclist is too close to the white line the motorist often perceives a space to the left of the cyclist which might be available for passing within the lane…too often they are wrong.
We have hd 5 fatal crashes in Ohio in 2016, Three cyclists were killed by passing cars in broad daylight… those motorists are being prosecuted.
I am all for safety and 3 + feet when a car needs to pass. And for heaven sakes drivers, when it’s a hill, wait until you have full view of the other lane of traffic.
Most people come upon maybe a few bicyclists a year. It’s not that big of a deal to wait that few more seconds for a safe opportunity to pass. I cycle and drive a car, and passing cyclists is just about as easy as tying your shoes. If you can’t keep your cool when in the presence of cyclists, then you’re the one with the problem. I do just fine with it.