Search Results for: solid center line

Jul 21 2016

ADVOCACY SUCCESS – NEW LAW ALLOWS MOTORISTS TO CROSS SOLID CENTER LINE TO PASS BICYCLISTS

On October 1st it will be legal for motorists to cross the solid center line to pass slower-moving bicyclists. This is a big advocacy win for BWNC and the NC bicycling community as we have been advocating for this change for many years; read the BWNC discussion here.

This provision is contained as Section 5.5a of House Bill 959: DOT Proposed Legislative Changes and reads as follows:

(e) The driver of a vehicle shall not overtake and pass another on any portion of the highway which is marked by signs, markers or markings placed by the Department of Transportation stating or clearly indicating that passing should not be attempted. The prohibition in this section shall not apply when the overtaking and passing is done in accordance with all of the following:

1) The slower moving vehicle to be passed is a bicycle or a moped.

2) The slower moving vehicle is proceeding in the same direction as the faster moving vehicle.

3) The driver of the faster moving vehicle either (i) provides a minimum of four feet between the faster moving vehicle and the slower moving vehicle or (ii) completely enters the left lane of the highway.

4) The operator of the slower moving vehicle is not (i) making a left turn or (ii) signaling in accordance with G.S. 20-154 that he or she intends to make a left turn.

5) The driver of the faster moving vehicle complies with all other applicable requirements set forth in this section.

This new law is great for motorists especially as many pass in this manner already and now can do so legally. As bicyclists, we want motorists to pass us – and of course the motorist still needs to have assured clear distance ahead and only pass when safe.

The newly stipulated four-feet distance between the faster moving vehicle passing the slower moving (bicycle) vehicle in this scenario is an improvement over the current requirement for all vehicles to pass with a minimum two-feet distance clearance, which for bicycles is unacceptably too narrow to be safe. We believe that these new passing stipulations open the door to considering changing lanes to pass as the preferred default passing mode on all public roadways, including those with solid centerlines.

Viewers can read the full version of the bill here.

Aug 25 2014

Safe Passing and Solid Centerlines

Change Lanes to Pass — Graphic by Keri Caffrey

Update: Since the time this article was written, the State Legislature has legalized passing a bicyclist in a no-passing zone when done safely with no oncoming traffic and adequate sight distance, passing at a distance of at least four feet or moving completely into the next lane. See § 20-150. Limitations on privilege of overtaking and passing.

Narrow two-lane state roads are important travel routes for commuting and recreational bicyclists in North Carolina. Every day thousands of motorists pass bicyclists on these roads without incident. When there is little or no shoulder and the travel lane is narrow, competent drivers recognize that there isn’t room to pass within the bicyclist’s lane, and so they wait until the oncoming lane is clear of traffic for an adequate distance before moving into the next lane to pass. In many places where this occurs, a solid yellow centerline is striped to discourage passing of other motor vehicles. Traffic engineers place this striping where there is not adequate distance to safely pass a motor vehicle that is traveling near the maximum posted speed limit. But in the real world, drivers recognize that the distance required to pass a slow moving bicyclist is a small fraction of this distance, and invariably ignore the striping in favor of weighing the safety and convenience of passing under the existing conditions. Drivers routinely cross solid centerlines to pass bicyclists safely, and police routinely ignore this as long as the passing driver does not create a danger for oncoming traffic. Does this mean that it is legal?

Law enforcement officers are often asked this question – and are often uncomfortable responding. In states lacking clarifying language in the traffic laws, police may struggle to find legal support for ignoring solid centerlines when conditions are clearly safe for passing. Some states – Colorado, Maine, Mississippi, Ohio, Pennsylvania and Wisconsin, for example – have traffic laws explicitly allowing drivers to cross a solid centerline to pass a bicyclist under safe conditions. BikeWalk NC recommends that North Carolina adopt similar language. In the meantime, police in NC are in the same position as those in states such as Florida and Texas, where police have turned to the laws that govern driving around disabled vehicles and fallen trees to justify not ticketing prudent drivers. In North Carolina, this is § 20-146 (a)(2):

§ 20-146. Drive on right side of highway; exceptions.
(a) Upon all highways of sufficient width a vehicle shall be driven upon the right half of the highway except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard….

N.C. Highway Patrol 1st Sgt. Brian Gilreath provided the following explanation quoted in the 8/19/2014 Citizen-Times:

As long as you don’t affect the movement of oncoming traffic — that’s where common sense comes in — you’re allowed to go left of center to avoid hazards and obstructions in the roadways,” Gilreath said. “Take for example if a farmer drops a bale of hay in the roadway, and you need to go around it. Even though you’re left of center, you have not violated the law. […] An officer would have a hard time convincing a judge that you’re supposed to ride behind a bicyclist for 10-15 miles…. [Citizen Times, 8/19/2014]

This aligns with the pragmatic interpretation that the Florida Department of Law Enforcement approved for the Florida Bicycle Law Enforcement Guide:

The prohibition of passing in a no-passing zone does not apply when an obstruction exists making it necessary to drive to the left of the center of the highway [§316.0875(3)]. Thus, when a cyclist is traveling so slowly as to constitute an “obstruction,” a motorist may cross the center line in a no-passing zone to pass the cyclist if the way is clear to do so, i.e., when it can be seen that any oncoming traffic is far enough ahead that the motorist could finish passing before coming within 200 feet of an oncoming vehicle.

Police in Austin Texas, a state with similar passing laws, produced a video showing how to pass bicyclists by waiting until it is safe to cross a solid centerline.

BikeWalk NC hopes that other police officers in NC will leverage this interpretation of § 20-146 so that they can have more practical and meaningful discussions about safe passing techniques on narrow roads by focusing on traffic conditions and sight distances. However, explicit clarifying language in the passing law is preferred for bicyclists, tractor drivers, and other slow moving vehicle operators, because such users don’t want to be framed as “obstructions.” Slow moving vehicles are legitimate traffic, and in some cases, bicyclists aren’t slow-moving. A more nuanced, realistic alternative is needed for North Carolina’s one-size-fits-all no-passing-zone law.

Oct 01 2016

It’s October 1st – New Bike Laws Become Effective Today!

In addition to the important provision that allows vehicles to cross the solid center line to pass slower moving vehicles (a big win for the BWNC and the NC bicycling community), House Bill 959: DOT Proposed Legislative Changes modifies other bicycle safety laws. These new laws will become effective today, October 1st, 2016:

Allowing vehicles to pass slower-moving bicycles and mopeds in a no-passing zone when all safety requirements are met (and with a very good four foot distance specified- read more here)
Legalizing the commonly-used right-hand turn signal for right turns (read here)
Extending motorcyclists’ legal protection as vulnerable road users to bicyclists (read here)
Updating requirements for a rear light or reflective gear on bicyclists at night (we recommend a rear light – read here for BWNC specific recommendations and here for new rear light requirement)
Revising the definitions of autocycles and mopeds, and including a new definition for electric assisted bicycles (read here)

Viewers can read the full version of the bill here. BWNC supports the bike safety modifications in the bill and believes that implementation will add to the safety of bicyclists and motorists on public roadways. Thank you all for your comments last December 2015 on NCDOT’s report on the House Bill 232 Bike Safety Law Study report. We believe that the legislature included only the non-controversial parts of NCDOT’s recommendations because all of you spoke up and helped BWNC communicate our position and concerns. NCDOT received about 1,000 comments and the legislature received 1,000s of comments on the HB44 anti-Road Diet Bill last session, so together, we heard reference to a “bicycle movement.”

BWNC was disappointed that the final version removed the provision directing NCDOT to develop a safety education program for motorists and bicyclists. The removal likely happened because the timelines were too tight and there was no new funding. However NCDOT has committed to working with BWNC to develop a comprehensive motorist and bicyclist education program. The education program could help both motorists and bicyclists understand the rules of the road, thereby reducing conflicts.

BWNC is also thankful for NCDOT’s assistance in adding a definition of electric assisted bicycles to the bill so that e-bikes would not be classified under motorcycle laws. BWNC worked closely with NCDOT’s Division of Motor Vehicles and with House and Senate Transportation Leaders – Representatives Torbett, Iler and Shepard and with Senators Rabon and McKissick. Without the electric assisted bicycle definition and exemption from motorcycle laws, “e-bikes” would have been categorized as motorcycles and subject to all those rules and requirements. We believe that without this definition and exemption, “e-bikes” would not be able to be used on our roads, as they could not meet all the specifications of motorcycles. People for Bikes provided expertise from a national perspective and helped answer many questions about this still evolving technology.

Jul 18 2016

Bike Law Changes in House Bill 959 Improve Public Roadway Safety

Allowing vehicles to pass slower-moving bicycles and mopeds in a no-passing zone when all safety requirements are met (and with a very good four foot distance specified- read more here)
Legalizing the commonly-used right-hand turn signal for right turns (read here)
Extending motorcyclists’ legal protection as vulnerable road users to bicyclists (read here)
Updating requirements for a rear light or reflective gear on bicyclists at night (we recommend a rear light – read here for BWNC specific recommendations and here for new rear light requirement)
Revising the definitions of autocycles and mopeds, and including a new definition for electric assisted bicycles (read here)

Nov 05 2018

Change Lanes to Pass- A Lesson in Safety

Consensus building around a better paradigm for bicycling safety

by Steven Goodridge

A driver pulling a wide trailer nearly sideswipes a bicyclist in Petaluma, California

The Problem

Unsafe close passing, especially at high speeds, is one of the most common safety concerns expressed by bicyclists who use our state’s roadways. Beyond just frightening bicyclists, unsafe close passing contributes to a large share of car-overtaking-bicycle collisions. Although darkness, impaired driving and distracted driving are factors in many overtaking-type collisions, a growing body of evidence including video recordings and personal injury investigations shows that attempted same-lane passing of bicyclists may be the most common overtaking-collision failure mode, particularly in daylight.

Same-lane passing of bicyclists is a flawed concept of operations. Most marked travel lanes are too narrow to allow a motor vehicle to pass a bicyclist within in the same lane at safe distance. On rural roads, travel lanes are typically about ten feet wide. A Ford F-150-based pickup or SUV will almost certainly strike a bicyclist if attempting to pass entirely within a ten-foot lane, as shown below.

Wider, twelve-foot lanes found on some newer roads provide more maneuvering space for large trucks and buses, but don’t allow such vehicles to pass bicyclists within the same lane.

Safe Passing

The space occupied by a bicyclist fluctuates as the bicyclist maintains balance. This operating space is at least four feet wide, and preferably five feet wide, according to the AASHTO Guide to the Development of Bicycle Facilities.

Safety advocates recommend a bare minimum of three feet of separation between a bicyclist and an overtaking motor vehicle (more distance is required as speeds increase). For a motorist to pass at least three feet away from the bicyclist’s dynamic operating space, on most roads the driver must move across the left lane line and well into the adjacent lane.

Movement into the adjacent lane requires that a motorist yield to any vehicles already using that lane, which often requires slowing, looking, and waiting until conditions are appropriate. It is important that this thought process begin early, so the motorist has time to decelerate to the bicyclist’s speed if need be. A driver whose concept of operations is a same-lane pass will often approach the bicyclist at high speed until the lack of space becomes apparent at close distance, which is often too late.

Changing motorists’ default concept of operations from “same-lane” to “next-lane” passing is essential to improving bicyclist safety on the roads we have. Whether the motorist must move three feet, five feet, or completely into the next lane for a safe pass, the motorist must be prepared to look and wait for traffic in the next lane to clear, and this mental process needs to start as soon as they see the bicyclist.

Messaging

Public messaging can influence public behavior, but to be effective it must be targeted, clear, and actionable. Past efforts by state and local DOTs to improve motorist-overtaking behavior through slogans and signage have had mixed results.

The most visible messaging to date is the “Share the Road” slogan and signage. “Share the Road” has been widely criticized by bicycling safety advocates as poorly targeted, ambiguous, and unactionable. It allows two completely opposite interpretations, same-lane and next-lane passing, as lampooned by cartoonist Bikeyface:

“Three Feet to Pass” and other “N-feet” messaging, signage, and laws seek to quantify a safer distance for passing of bicyclists, contrasted to the minimum two-foot legal requirement for passing closed vehicles. While public understanding of safe distance is important, “N-feet” messaging does not address the flawed concept of same-lane passing that contributes to high-speed overtaking crashes. For instance, California’s 3-feet law provides an exception that allows for closer passing in narrow lanes, and police in California have buzz-passed bicyclists and harassed them for not riding far enough to the right to facilitate a safe same-lane pass despite inadequate lane width to do so.

Many knowledgeable bicyclists leverage the defensive practice of lane control – riding near the center of the travel lane, and/or riding two abreast – to deter unsafe same-lane passing in narrow lanes. The general effectiveness of this practice has garnered it support by many in the traffic engineering profession and has resulted in new traffic control devices that encourage and support it. The ITE Traffic Control Devices Handbook provides guidance to install shared lane markings, aka “sharrows,” in the center of the usable width of a travel lane when that shared width is too narrow to facilitate safe same-lane passing. Lane-centered sharrow markings can be found on many roads that are popular with bicyclists but feature narrow lanes.

The “Bicycles May Use Full Lane” sign is another common treatment used to convey the legitimacy of lane control by bicyclists on narrow-laned roads. A study of message effectiveness conducted by George Hess and M. Nils Peterson found that both motorists and bicyclists understood the meaning of “Bicycles May Use Full Lane” sign better than shared lane markings and “Share the Road” signage in terms of where bicyclists may operate within marked travel lanes.

The “Bicycles May Use Full Lane” sign has not been without controversy. Some in the traffic engineering profession have objected to use of the sign, for reasoning varying from misunderstandings of the state’s slower-vehicles stay-right law (which treats marked travel lanes and unmarked roadways differently) to concerns that, as a white regulatory sign, it incorrectly implies a legal prohibition against using any part of the bicyclist’s lane when overtaking (motorcyclists are the only users in North Carolina who enjoy statutory protection against any side-by-side use of their lane by another motorist). Advocates with BikeWalk NC are confident that these misunderstandings and concerns will eventually be put to rest. However, the “Bicycles May Use Full Lane” sign and discussion are tangential to the key actionable message that needs to be delivered to the motoring public: how and when to overtake safely.

Change Lanes to Pass

A clearer message to describe best practice for passing bicyclists on ordinary roads is “Change Lanes to Pass.” Performing this safely involves three simple steps:

Slow Down. Don’t run into the bicyclist from behind while preparing to take action.
Look and Wait until Safe. Other traffic is likely to be using the adjacent lane. Wait until it is clear.
Change Lanes to Pass. Move across the lane line to ensure there is adequate separation from the bicyclist.

A yellow “CHANGE LANES TO PASS” warning plaque could accompany the standard bicycle warning sign (MUTCD W11-1) for roadside use. Most existing “SHARE THE ROAD” plaques are installed on roads with narrow lanes and could be directly replaced with a “CHANGE LANES TO PASS” plaque; however, sight distance may be a consideration when determining where to locate such signs.

Solid Centerlines

A significant obstacle to public promotion of lane-change passing has been the prevalence of solid centerlines on most of the narrow rural roads used by bicyclists. Many police officers and other public officials have considered these markings to be inviolable, but in practice most motorists do cross solid centerlines to pass in-lane bicyclists when the clear sight distance is sufficient for safety. Engineering policies for marking dashed centerlines assume that the vehicle being passed is moving at near the maximum posted speed limit; this requires a much longer clear sight distance than when passing a slow moving bicyclist. Because many locations that allow safe next-lane passing of bicyclists are marked with solid centerlines, North Carolina recently joined many other states in modifying the passing law to allow passing of bicyclists in such locations when all other legal conditions for safe passing are met.

NC General Statute subsections § 20-150 (a) through (d) define limitations on when passing is permitted based on clear sight distance, oncoming traffic, and other safety factors. Subsection (e) restricts passing in designated no-passing zones. In 2016 subsection (e) was modified to allow passing a bicyclist if all of the other safety conditions are met and the driver provides at least four feet of clearance or completely enters the next lane. This legal change brought the passing law into alignment with the routine behavior of prudent motorists, and opened the way for police and other public officials and motorists to begin a substantive dialog about recommended practices for passing bicyclists on narrow two-lane roads.

Recent Messaging

Since the 2016 change in the passing law, NCDOT has begun incorporating “change lanes” into numerous bicyclist safety messages, including an update to the Driver Handbook and materials produced by the Watch for Me NC and Vision Zero programs.

BikeWalk NC advocates that this progress continue with actions including the following:

Phase out “SHARE THE ROAD” plaques in favor of “CHANGE LANES TO PASS” plaques
Educate law enforcement about changes to the passing law and recommended technique for passing bicyclists
Produce motorist education/PSAs on safe passing practices
Update driver education curriculum
Change-lanes-to-pass law

When public understanding and support for safer passing of bicyclists has grown sufficiently, it may become politically possible to pass legislation in North Carolina to require it. A few states including Delaware, Kentucky and Nevada require motorists to change lanes to pass bicyclists under some circumstances, such as when there is more than one lane serving the direction of travel. A change-lanes law makes it easier to identify unlawful passing maneuvers, and any overtaking collision with a bicyclist in the same lane becomes prima facie evidence of a violation by the motorist. However, there is a danger that without sufficient public understanding and support, pushing for new legal restrictions on motoring behavior near bicyclists could result in the attachment of new restrictions on where and how bicyclists may ride – for instance, prohibiting effective defensive practices such as lane control. For this reason, advocates with BikeWalk NC believe that a comprehensive safe passing education campaign should be pursued before further legislation on passing in our state.

Although roadway engineering modifications such as well-designed and maintained bike lanes and wide paved shoulders can often eliminate the need for motorists to change lanes to pass bicyclists, many or even most roads where unsafe close passing occurs are unlikely to see modifications due to the expense. Most are two-lane roads where the state or municipality does not own wide enough right-of-way to add to the pavement width. “Change lanes to pass” is a necessary part of any long-term strategy to support safe and pleasant bicycling on our road system.