The Safe Passing Bill: An Update
Attorney
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I recently wrote Motorists: Share the Road and Give Clearance to Cyclists about The Safe Passing Bill, which as a cyclist I personally believe is of great importance. I thought I would give an update on the bill and present some of the regulations associated with the bill.
The 2009 Safe Passing Bill was filed in the Senate as SB 488 by Rodney Ellis (D-Houston) and John Carona (R-Dallas) and in the House as HB 827 by Linda Harper-Brown (R-Irving). The bill protects “vulnerable road users” including pedestrians, runners, physically disabled, children, skaters, construction and maintenance workers, stranded motorists, equestrian, cyclists, motorcycles, and unprotected farm equipment. The bill requires more than three feet passing distance (six feet by commercial vehicles) when a motorist passes a “vulnerable road user.” It includes penalties for harassing, throwing an object, turning dangerously in front of a vulnerable road user, and failing to yield when making a left turn at an intersection.
A violation of this law is punishable as a misdemeanor. If the violation results in property damage the violation is punishable by a fine not to exceed $500. If the violation results in bodily injury the violation is a Class B Misdemeanor punishable by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.
A study done by the The Royal Society for the Prevention of Accidents (ROSPA) shows that in 2007 there were 136 reported casualties, 2,428 reports of a cyclist being seriously injured, and 13, 631 reports of being slightly injured. That totals to be 16,695, and that is only the cases that have been reported. Unfortunately, 60% to 90% of cycling accidents are not reported.
ROSPA posted some interesting statistics about cycling accidents:
- 90% occur in urban areas
- 75% happen at, or near, a road junction
- 80% occur in daylight
- 80% of cyclist casualties are male
- About one quarter of the cyclists killed or injured are children
- Around three quarters of cyclists killed have major head injuries.
Some of the most common cycling accidents are:
- Child cyclist playing or riding too fast
- Cyclist and motorist going straight ahead
- Cyclist turning right from a major road and from a minor road
- Motorist emerging into path of cyclist
- Motorist turning across path of cyclist
- Cyclist riding into the path of a motor vehicle, often riding off a pavement
- Cyclist overtaking
On April 21st the 2009 Safe Passing Bill (SB 488) was passed by the Texas State Senate, and on May 5th, the Senate version of the Safe Passing Bill (SB 488) passed the House Transportation Committee. It was then sent to the Local and Consent Calendar to be scheduled for a vote on the House floor. The Senate version has replaced the House version, due to a problematic amendment for cyclists. In the upcoming weeks SB 488 may receive a vote on the House floor. As these results become known I will continue to provide updates.