Brief Description: Providing additional limitations for vehicles passing pedestrians or bicyclists.

Sponsors: Representatives Grant, Walsh, Wallace, Rodne, Wood, Morrell, Lovick, Williams, Jarrett, Kilmer, Simpson, Kessler, Chase and Dickerson.

Hearing Date: 2/23/05

Staff: David Munnecke (786-7315).

Background:

Currently, when a vehicle overtakes and passes another vehicle, the passing vehicle must pass to the left at a safe distance and is prohibited from returning to the right side of the roadway until safely clear of the overtaken vehicle.

Vehicles are forbidden from driving on the left side of the roadway, from the driver's perspective, when: (1) approaching or upon the crest of a grade where the driver's view is obstructed; (2) within one hundred feet of an intersection or railroad crossing; (3) the view is obstructed upon approaching within one hundred feet of a bridge, viaduct or tunnel; or (4) the left side is not clearly visible and free of oncoming traffic for a sufficient distance to permit overtaking and passing without interfering with oncoming traffic.

Summary of Bill:

The driver of a vehicle passing a pedestrian or bicyclist on the right shoulder of the roadway, from the perspective of the driver, must pass at a safe distance to the left. In determining a safe distance, the driver must take into account a variety of considerations including the width and condition of the shoulder and roadway, the age and condition of the pedestrian or bicyclist, the weather, and the time of day. The driver must also be safely clear of the overtaken pedestrian or bicyclist before returning to their original position on the roadway.

The driver of vehicle may also not drive on the left side of the roadway, from the perspective of the driver, when doing so would put the vehicle within a hazardous distance of a bicyclist or pedestrian who is within view and approaching from the opposite direction.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.