Changes to Maryland Cycling Laws Effective Oct 1

[7rider]

From: http://waba.org/blog/2010/09/changes...fective-oct-1/

As October 1 approaches and the numerous bicycle-related laws passed by the 2010 Maryland General Assembly and signed into law by Governor O’Malley are set to take effect, we wanted to take a moment to reflect on those bike advocacy successes and, more importantly, to ensure that cyclists are aware of the changes.

1. Three Foot Passing

Maryland law now requires motorists to “pass safely at a distance of not less than three feet” when overtaking a cyclist unless: (a) the cyclist is not riding on the right or in the bike lane/shoulder as required by § 21-1205, or (b) the roadway is too narrow to allow three feet. Previously, it was widely assumed that the duty to pass safely meant three feet, but the new law clarifies that it does mean three feet in some situations and does not mean three feet in others. With this law, it becomes more important to “take the lane” whenever it is too narrow to safely share side-by-side, because otherwise you do not have the legal right to the 3-foot buffer.

2. Requirement to Ride in the Shoulder Repealed

As of October 1, cyclists will no longer be required to ride in the shoulder where a smooth shoulder is provided and there is no bike lane. However, Maryland remains one of only five states to require that cyclists ride in the bike lane where provided. Removal of the shoulder-riding requirement is a significant step forward, but further advocacy is needed on the requirement to ride in a provided bike lane.

3. Crosswalks “Rules of the Road”

The change in law also attempted to clarify some of the rights of cyclists in crosswalks–but many of those rights are still unclear.

* In jurisdictions where the local government has legalized riding on sidewalks (most of Montgomery County other than Gaithersburg) the bill gives cyclists the right to ride in any crosswalk. Moreover, at a signalized intersections, cyclists legally in the crosswalk now have the same right of way as pedestrians over cars with a green signal, or a car turning right on red.

* The bill did not give cyclists the same rights of way as pedestrians in crosswalks without a signal.

* In jurisdictions where riding on the sidewalk is illegal (most of Maryland including most of Prince Georges County), the bill did not provide for a right to ride in crosswalks.

4. Balanced Funding for Cycling & Walking

The law requires that the Maryland Department of Transportation ensure an appropriate balance of funding for retrofitting existing facilities for cyclists and pedestrians alongside funding for new highway construction, as well as requiring “increased emphasis” on “increas[ing] accessibility for the greatest number of pedestrians and bicycle riders” in transit-oriented areas.

5. Sidewalk and Bicycle Path Construction

This amendment to the existing law requiring the state to fund bicycle pathway construction or reconstruction as part of a project (if included in the project) requires the state to give higher funding priority to sidewalk or bicycle pathway construction projects where their absence is “a substantial public safety risk or significant impediment to pedestrian access.”

Together, these changes to Maryland law represent an elevation of cycling as a means of transportation in Maryland. Credit is due to One Less Car, the Baltimore Bicycling Club, and the Maryland advocates and legislators who pushed these changes. We look forward to seeing the improvements, both on the roadways and in the budgets, starting October 1.

[Zen]

That's some good news.
I need to mark this for reference

On a related (and not good news) note-
http://frederickbicyclecoalition.com...alted/#respond

[beccaB]

Michigan has some good news to share as well, from the League of Michigan Bicyclists-

LMB is pleased to report that our vulnerable roadway user and drivers education curriculum bills passed out of the House Transportation Committee today. Bills 4958 and 4959 will create enhanced penalties for drivers who injure or kill a bicyclist, while 4960 will require the Michigan drivers education curriculum to include better classroom instruction on the laws pertaining to bicyclists and emphasize awareness of the operation of bicycles on Michigan roads.

We see these bills as as an excellent complement to our recent complete streets victory and an important next step towards enhancing the safety of bicyclists on Michigan roadways. We sincerely thank all of the organizations who have thrown their support behind these bills, as well as all of the individual bicyclists that contacted House Transportation Committee members over the past few days. We would like to especially thank the Michigan Trails and Greenways Alliance, Michigan Mountain Biking Association and Program to Educate All Cyclists for working closely with us to insure that these bills successfully passed out of Committee today. A number of Michigan bike shops also demonstrated support by signing a joint letter which was organized by LMB. Our sincere gratitude also goes out to Jason Lummis of Pickney who provided moving testimony at the hearing, back brace and all, only weeks after being the victim of a near death hit-and-run incident while riding his bicycle.

The bills now await action on the House floor. We are asking supporters to now write their individual Representatives to urge them to vote in favor of HB 4958, 4959 and 4960. You can find your Representative's contact info at www.house.mi.gov/find_a_rep.asp. Please continue to cc john@LMB.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it on any email communications that you send. Testimonials from bicyclists who have been personally injured by automobile drivers as well as family members or friends of cyclists who have been killed on Michigan roads are especially powerful.

[ny biker]

The Post is saying that cyclists are required to ride on the shoulder if it is smoothly paved:

http://www.washingtonpost.com/wp-dyn...007176_pf.html

[ny biker]

The Oxon Hill club has posted this summary on its website.

Regarding the three-foot law:

Motorists must pass at a distance of three feet, with important exceptions:

- If Bicyclist fails to ride to the right
- If Bicyclist is in a Bike Lane does not keep a steady course
- If the roadway is not wide enough for the motorist to pass legally at a distance of three feet.

Regarding riding on the shoulder:

Bicyclists no longer required to ride on the shoulder. However, when riding at a speed less than the speed of traffic, bicyclist must still ride as near to the right of the roadway as practicable and safe, except when:

- Making or attempting a left turn
- Riding on a one-way street
- Passing a stopped or slower-moving vehicle
- Avoiding pedestrians or road hazards
- The right lane is a right-turn only lane
- Operating in a lane that is too narrow for a bicycle and another vehicle to travel safely side-by-side within the lane
- When riding on a sidewalk, where such riding is permitted, a bicyclist may ride in a crosswalk to continue on their route.

Motorists are required to yield right of way to a bicyclist operating lawfully in a crosswalk at a signalized intersection.