Any piece of safety legislation for cyclists that has people talking about getting the Attorney General to rule just what the heck does it mean, is just wrong.
Any "safety" legislation that MDOT promotes as (paraphrased) if you can't safely pass a cyclist you can still legally pass, is just wrong.
The law as written: § 21-1209. Throwing object at bicycle, motor scooter, or EPAMD. (a) Drivers to exercise due care.- Notwithstanding any other provision of this title, the driver of a vehicle shall: .(1) Exercise due care to avoid colliding with any bicycle, EPAMD, or motor scooter being ridden by a person; and .(2) When overtaking a bicycle, an EPAMD, or a motor scooter, pass safely at a distance of not less than 3 feet, unless, at the time: ..(i) The bicycle, EPAMD, or motor scooter rider fails to operate the vehicle in conformance with § 21-1205(a) of this subtitle ("Riding to right side of roadway") or § 21-1205.1(b) of this subtitle ("Roadway with bike lane or shoulder paved to smooth surface"); ..(ii) A passing clearance of less than 3 feet is caused solely by the bicycle, EPAMD, or motor scooter rider failing to maintain a steady course; or ..(iii) The highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least 3 feet.
This is the most offending piece of the law that should be repealed: ..(iii) The highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least 3 feet.
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