(Updated March 26, 2010)
Mississippi passed the John Paul Frerer Bicycle Safety Act in 2010, making it the 15 state in the nation that requires drivers to give bicyclists at least three feet of space when passing.
Bills in 9 other states were either rejected, pigeon-holed in committees, or watered down.
Interestingly, the first jurisdiction to pass a 3-foot passing law in 2010 was the city of Boise, Idaho.
Although difficult to enforce, these laws sound like a good idea to me. They enable manuevering room for cyclists and reduce the air turbulence caused by passing vehicles.
Bicycle advocates are working to get these laws passed state by state. Bills passed in three states in 2009, although the governor of one of those states -- Gov. Rick Perry of Texas -- refused to sign the bill into law.
The 14 states with 3-foot laws are: Arizona, Arkansas, Colorado, Connecticut, Florida, Illinois, Louisiana, Maine, Minnesota, Mississippi (effective July 2010), New Hampshire, Oklahoma, Tennessee, Utah and Wisconsin. (Connecticut, New Hampshire enacted in 2008; Colorado and Louisiana in 2009.)
Five others recommend 3 feet in driver's manuals.
Five states had 3-foot laws in state legislatures in 2009 -- Colorado, Iowa, Maryland, Rhode Island, Texas and Washington. Here's the breakdown with links:
3-foot clearance
Arizona: "When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet ..." Sets fines if violation causes death or injury. (Doesn't apply if bicyclist is not using an adjacent bike lane or bike path.) Enacted in 2000.
Arkansas: "... pass to the left at a safe distance of not less 3 feet..." Sets fines in case of death or injury. Enacted in 2007.
Colorado: The law requires motorists give bicycles at least 3 feet or risk a $110 fine. Also states anyone who throws an object at bicyclist be charged with class 2 misdemeanor, which carries a $250 to $1,000 fine and 3 to 12 month jail sentence. (Enacted in 2009; went into effect Aug. 5)
Connecticut: "... safe distance means not less than three feet when the driver of a vehicle overtakes and passes a person riding a bicycle." (Enacted 2008)
Florida: "... must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle." See also Florida Bicycle Law guide published by the Florida Bicycle Association. Enacted 2006.
Illinois: "... leave a safe distance, but not less than 3 feet..." Enacted 2007.
Louisiana: Motor vehicle operator "shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet and shall maintain such clearance until safely past the overtaken bicycle." Also includes anti-harassment provision. See "Louisiana governor signs 3-foot rule"
Maine: "... exercise due care by leaving a distance between the motor vehicle and the bicycle of not less than 3 feet ..." See also Bicycle Coalition of Maine: New Bicycle Laws. Enacted 2007.
Mississippi: Requires 3 feet when passing, and forbids throwing objects at bicyclists from cars. Enacted 2010.
Minnesota: " ... shall leave a safe distance, but in no case less than three feet
clearance, when passing the bicycle or individual ..." Enacted 2004.
New Hampshire: "... the distance shall be deemed to be reasonable and prudent if it is at leat 3 feet when the vehicle is traveling at 30 mph or less, with one additional foot of clearance for every 10 mph above 30 mph." (Enacted 2008)
Oklahoma: "... exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three (3) feet until the motor vehicle is safely past the overtaken bicycle." Enacted 2006
Tennessee: Creates a subsection known as "Jeff Roth and Brian Brown Bicycle Protection Act of 2007 ... shall leave a safe distance between the motor vehicle and bicycle bof not less than three feet and shall maintain such clearance until safely past the overtaken bicycle." Enacted 2007
Utah: "An operator of a motor vehicle may not knowingly, intentionally, or recklessly operate a motor vehicle within three feet of a moving bicycle, unless the operator of the motor vehicle operates the motor vehicle within a reasonable and safe distance of the bicycle." Enacted 2006
Wisconsin: "... shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle or electric personal assistive mobility device..." Enacted 1973 (!). See also Safety and Consumer Protection: Motorist reminders... "Leave at least three feet when passing bicycles, more room at higher speeds."
Cities
Boise, Idaho: City Council passes law requiring that cars leave 3 feet of space when passing a bicycle (also must yield to bicycles in intersections and cannot cut-off cyclists when turning) Also illegal to throw objects at bicyclists or otherwise harass them. (added Jan. 13, 2010)
Special note
South Carolina enacted a law in 2008 that requires a "safe operating distance" (not 3 feet per se).
Drivers' manuals
Kentucky: "Pass a cyclist only when it can be done safely, and give ample room (3 feet) between your car and the cyclist. ... Give the cyclist extra room if your vehicle has extended outside review mirrors." -- page 66
Washington: "Space for bicyclists: ... Allow three feet of space when overtaking or passing a bicyclist..." -- pages 78 and 79.
Kansas: "When passing a bicyclist use extreme caution and pass four feet to the left of the bicyclist." -- page 24.
Texas: Although there's no guidance for automobile, it is recommended that trucks and other large vehicles give six feet of clearance. "You should always allow at least six feet to the left of the two-wheeled vehicle when you are passing." -- page 15-20.
Louisiana: Page 64.
-- Both Safe Route Connection.org and Arizona Bike Law blog had information that I relied upon in creating this list. The Safe Route Connection website has a state-by-state list of vehicle passing laws related to bicycles.
Bills submitted for 2010
Iowa -- Senate File 117 Passed by the Senate in 2009, but stalled in the House. A subcommittee is revamping the 3-foot bill to include provisions to protect "vulnerable users" by adding enhanced fines. More at Sioux City Journal.
Maryland -- Senate Bill 51 Requires motorists to pass bicycles by "not less than 3 feet;" also makes it illegal to throw an object at a bicyclist. Also, motorists crossing a bike lane to turn must yield the right of way to bicyclists.
Missouri -- House Bill 1250 requires a driver to pass a bicycle at a distance not less than 3 feet. See other bicycling bills at BikeMoFed.
Ohio (announced Sept. 28, 2009) Senate Bill 174 requires a motor vehicle overtaking a bicycle to maintain a safe passing distance between the motor vehicle and bicycle of not less than three feet. It eliminates the current requirement for the operator of an overtaken vehicle, including a bicycle, to give way to the right in favor of the overtaking vehicle at the latter's audible signal.
South Dakota -- Senate Bill 70 requires a 3-foot gap when passing a bicycle. Refered to the Senate Transportation Committee on Jan. 20. The South Dakota Bicycle Coalition is bird-dogging this bill.
Virginia -- Senate Bill 566 and House Bill 1048 (HB 1048 defeated) requires motorists give bicyclists at least three feet. The bills also outlaw tailgating and create a a new Class 3 misdemeanor of Careless Driving — to counter the difficulty of charging motorists with Reckless Driving when they kill or injure cyclists. More details at Virginia Bicycling Federation and at Richmond Sunlight (SB 566 and HB 1048).
State laws under consideration in 2009
Colorado (passed and signed into law)
Louisiana (passed and signed into law)
Texas (passed, but Gov. Nick Perry vetoed)
Washington (not resolved)
Previously under consideration
Hawaii: SB 2892 -- For any motor vehicle passing a bicyclist, a safe distance shall be not less than 3 feet, except that a bicyclist may reasonably leave a bicycle lane to avoid debris or other hazardous conditions. Check status.
New Hampshire: HB 1203 -- The distance shall be presumed to be reasonable and prudent if it is at least 3 feet when the vehicle is traveling at 30 miles per hour or less, with one additional foot of clearance required for every 10 miles per hour above 30 miles per hour. Check status at Bike-Walk Alliance of New Hampshire or QuickBill search.
New Jersey: The state legislature passed a 3-feet-to-pass bill on June 25; it's under consideration by the Senate transportation committee.
Ohio: HB 390 -- "When the operator of a vehicle or trackless trolley overtakes a bicycle or other slow vehicle, the operator shall pass at a distance of not less than three feet between the vehicle or trackless trolley and the bicycle or other slow vehicle." Check updates at Ohio House bill status
South Carolina: HB 3006 -- "An operator of a motor vehicle shall allow a safe operating distance between the motor vehicle and a bicycle when passing and overtaking a bicyclist." This bill passed the House and became SB 0354. Check Palmetto Cycling Coalition for updates. (Passed out of Senate committee on April 23, 2008 -- The State.)(Signed into law June 10, 2008 -- AP)
Vermont: H.578 -- "An operator of a motor vehicle that is passing a bicyclist proceeding in the same direction shall exercise due care by leaving a distance between the motor vehicle and the bicyclist of not less than three feet while the motor vehicle is passing the bicycle. Additionally, the operator of a vehicle that passes a bicyclist proceeding in the same direction may not make a right turn at any intersection or into any highway or driveway unless the turn can be made with reasonable safety." Also S. 275. Check status at Vermont bill tracking.
Washington: HB 2732 -- "The driver of a vehicle approaching a pedestrian or bicycle that is on the roadway or on the right-hand shoulder or bicycle lane of the roadway shall pass to the left at a safe distance, of no less than three feet, to clearly avoid coming into contact with the pedetrian or bicyclist...." Check for updates at Washington legislature bill search or Bicycle Alliance of Washington bill watch.
-- This list of 3-foot passing bills considered in state legislatures was compiled in part with information provided by the National Bike Summit published by League of American Bicyclists.
See also "Six states seeking 3-foot clearance for bicycles")
