Advocacy

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.

 

 

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 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.

 

 

House Transportation Committee Chairs John Torbett, Frank Iler, and Phillip Shepard and HB232 bill sponsor Representative Jeter are working to improve bicyclist safety and reduce conflicts between motorists and bicyclists by proposing the adoption of many of the valuable recommendations from the HB232 Bicycle Safety Law Study conducted this past fall.   We believe that implementation of House Bill 959: DOT Proposed Legislative Changes will add to the safety of all bicyclists and motorists on public roadways.

Readers can view the entire proposed committee substitute here, but a few of the main points include:

• Legalizing the commonly-used right-hand turn signal for right turns
• Extending the motorists’ legal protection as vulnerable road users to bicyclists
• Requirements for lights or reflective gear on bicyclists at night (we recommend more specific requirements)
• Allowing vehicles to pass slower-moving bicycles and mopeds
• Requiring the DOT to provide educational programs for bicyclists and motorists
• Revising the definitions of autocycles, mopeds, and electric assisted bicycles

BikeWalk is especially excited about the directive to educate motorists and bicyclists about the best practices on the roads. We think that if motorists are educated about best practices when encountering bicyclists, such as changing lanes to pass, and bicyclists follow the laws and best practices, conflicts will decrease. BWNC hopes to be able to work with the DOT and many of you on this education program moving forward, as we believe a grassroots approach will be more effective and less costly. Either way, more funding, is needed to implement this education program.

The bill also adds a definition for electric assisted bicycles, or “e-bikes.” BikeWalk NC worked with the NCDOT (DMV) to add this specific language, because otherwise, e-bikes would be classified as motorcycles, unable to meet those requirements, and thus not be allowed on our roads. BikeWalk NC would like to thank the NCDOT and DMV for working with us to recommend modifications to the legislature and to People for Bikes for helping us understand the emerging technologies, federal exemptions in place, and how other states are addressing e-bikes.

The desired language for defining e-bikes and other bike safety law provisions were added to HB959 through a Proposed Committee Substitute (PCS) that was discussed by Senate Transportation Committee members on May 24. Revised House Bill 959 was introduced on the House floor today and could be heard as soon as tomorrow (May 26) . Please let us know if you have concerns/comments about these changes or let the legislators know directly.

The NCDOT HB232 report deviated in a couple areas from the recommendations of the state-wide expert panel that they established. BWNC opposes the areas where NCDOT deviated (i.e. requiring permits for group rides and requiring cyclists to ride to the right of center on some roads). Fortunately, the House Transportation Chairs did not include these items where there is not agreement. However, the Chairs have repeatedly stated that they plan to revisit and propose more changes in the long session (Spring/Summer 2017). In the meantime, we all need to work on communicating the benefits of being able to easily and safely walk and bike in North Carolina to our state’s leadership. Find your legislator here and let them know why cycling is important to you and our state.