Feb 15, 2012

Four Feet to the Wind

Each riding season I have about five close run-ins with motorists, usually from either inattentive, distracted drivers or angry, wacko drivers. This happens even though I try to ride as much as possible to the right of the white line--meaning, I try to ride on the shoulder, not in the driving lane despite that bikes have the same right to the driving lane as any other vehicle.

These run-ins with motorists range from mere shouts, to laying on of car horns, to aggressively close pass-bys with the engines gunning loudly--sometimes so close that I feel the heat of the car.

About once each season a car will pass me from behind, and then as soon as it passes, it will make a right hand turn into my path leaving me in danger of slamming into the side of the car and going under the car's wheels. This is called "the right hook."

In my riding career this right hook has happened (in a life-threatening way) four times--Once in the late 1990s, for instance, I was riding north on Kahekili Highway at the Valley of the Temple Shopping Center intersection and a motorist nailed me with a right hand turn. The diplomatic driver who was following in the car behind and saw it all said to the driver and to me (as I was lying on the road) that "you two just came together," which was his way of not taking sides. I think back on it now and say to myself what a beautiful spot in which to die.

To help in these situations the Pennsylvania General Assembly passed legislation signed into law by the Governor on February 2, 2012 amending Title 75 (Vehicles) of the Pennsylvania Code.

House Bill 170 provides these protections to "pedalcycles" (bicycles, 'bents, even unicycles!):
  • "The driver of a motor vehicle overtaking a pedalcycle proceeding in the same direction shall pass to the left of the pedalcycle within not less than four feet at a careful and prudent reduced speed." Translation: Cannot crowd a car into a bike's personal space--and have to pass at a safe speed!
  • "No turn by a driver of a motor vehicle shall interfere with a pedalcycle proceeding straight." Translation: Cannot pass then turn hard right into the path of a bike!
Will this new law dissuade drivers from pulling the same old shenanigans?

Probably not. 

Most drivers in this state have no concept of what the law requires, let alone are they willing to obey the traffic law if it conflicts with their interests. You don't need to ride a bike to know that one! 

What it will do is provide after-the-fact legal recourse. For example, the doctrine of negligence per se will be available to riders now. Couple this new law with full tort insurance (not limited tort), and a bike rider now has more arrows in the quiver should something bad happen. Thank you, government.

The new law takes effect on April 1st. Just in time for warmer weather out with the pedalcycle!

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