Read first time 01/14/2005.   Referred to Committee on Transportation.

     AN ACT Relating to limitations for vehicles passing pedestrians or bicyclists; amending RCW 46.61.110, 46.61.120, and 46.61.125; and adding a new section to chapter 46.61 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.61.110 and 1965 ex.s. c 155 s 17 are each amended to read as follows:
     The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
     (1) The driver of a vehicle overtaking ((another vehicle)) other traffic proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken ((vehicle)) traffic.
     (2) 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 to clearly avoid coming into contact with the pedestrian or bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken pedestrian or bicyclist.
     (3) Except when overtaking and passing on the right is permitted, ((the driver of an)) overtaken ((vehicle)) traffic shall give way to the right in favor of ((the)) an overtaking vehicle on audible signal and shall not increase ((the)) speed ((of his vehicle)) until completely passed by the overtaking vehicle.

Sec. 2   RCW 46.61.120 and 1965 ex.s. c 155 s 19 are each amended to read as follows:
     No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing ((another vehicle)) other traffic proceeding in the same direction unless authorized by the provisions of RCW 46.61.100 through 46.61.160 and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any ((vehicle)) traffic approaching from the opposite direction or any ((vehicle)) traffic overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching ((vehicle)) traffic.

Sec. 3   RCW 46.61.125 and 1972 ex.s. c 33 s 2 are each amended to read as follows:
     (1) No vehicle shall be driven on the left side of the roadway under the following conditions:
     (a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event ((another vehicle)) other traffic might approach from the opposite direction;
     (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
     (c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel;
     (d) When a bicycle or pedestrian is within view of the driver and is approaching from the opposite direction, or is present, in the roadway, shoulder, or bicycle lane within a distance unsafe to the bicyclist or pedestrian due to the width or condition of the roadway, shoulder, or bicycle lane.
     (2) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in RCW 46.61.100(1)(b), nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.61 RCW to read as follows:
     Nothing in RCW 46.61.110, 46.61.120, or 46.61.125 relieves pedestrians and bicyclists of their legal duties while traveling on public highways.