The Chainlink

Dumb question- 3-feet rule enforcement

My apologies if this has already been posted, but I searched for it and couldn't find it. Is there any way to see how many citations have been issued to motor vehicle operators for violation of the 3-foot law?

 

I would like to know, because especially now that the city council is looking at additional laws on cyclists (specifically, the cell phone law) I wonder how often laws designed to *protect* cyclists are enforced. My guess is, not often.

 

Any thoughts?

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Permalink Reply by Michael J Blane on September 16, 2011 at 9:47am

Here's a linke to the law:

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0231

 

Here's the quote:

(d) The operator of a motor vehicle overtaking a bicycle or
individual proceeding in the same direction on a highway shall
leave a safe distance, but not less than 3 feet, when passing
the bicycle or individual and shall maintain that distance
until safely past the overtaken bicycle or individual.
(Source: P.A. 76-1586.) 



Will V. said:

I do drive a car as well as bike . . . on two wheels to my right.

Anyway, we're not legally entitled to a 3-foot door zone buffer, but we are entitled to have cars pass us safely.

 

Permalink Reply by Larry on September 16, 2011 at 10:04am

I had a guy try to run me off the road last year, staring me down the whole time....   A few stoplights later, he did it again, but I did not turn to look at him, as the right side of Glenview Road in that stretch was really broken up, but I felt the heat of his engine and the air movement from his mirror....  When I called the police, the officer that showed up told me that I had no business riding in the street and that I should have been on the sidewalk....  When I mentioned that it was illegal for me to be on the sidewalk, he told me that I was wrong....  I tried to mention the three foot law and he cut me off....  Also, I got the vanity plate of the car, but there was a sticker in between the two words and I was unsure if there was a space there or not, but according to the officer, that would not have been enough to run the plate with even if the guy had done something wrong....  A few calls to the department to complain got me nowhere....  So, in that case, even the officer seemed ignorant of the law.... 

 

I do have a "3 Feet Please" jersey....  I have noticed that when I wear it in the suburbs or out riding in the country, cars do tend to give me a little bit more space....  When I wear it in the city, it seems to make me more of a target....

 

On a related note, I rented a bike for a few days down in Phoenix in March....  When I rode out of the city, the country roads have signs ever few miles to remind drivers that they have a three foot law in Arizona....  I have NEVER seen any signs reminding drivers here about the law....  Not only are most motorists unaware  of the law here, I have spoken with many cyclists who are also unaware of it....  We (as members of the cycling community and citizens of this state) need to make others more aware of the law and insist that police officers are aware of and enforcing it!!!!

Permalink Reply by Erik Swedlund on September 16, 2011 at 10:09am

In further reply to Will V., from the same source as Michael posted, I do believe we are legally entitled to a door zone buffer, be it three feet or more or some reasonable amount. The key phrases in this section are "as close as practicable and safe" and exception 3, "when reasonably necessary to avoid conditions including . . . parked or moving vehicles".

 

    (625 ILCS 5/11-1505)  (from Ch. 95 1/2, par. 11-1505)
    Sec. 11-1505. Position of bicycles and motorized pedal
cycles on roadways -Riding on roadways and bicycle paths. (a)
Any person operating a bicycle or motorized pedal cycle upon a
roadway at less than the normal speed of traffic at the time
and place and under the conditions then existing shall ride as
close as practicable and safe to the right-hand curb or edge of
the roadway except under the following situations:
    1. When overtaking and passing another bicycle, motorized
pedal cycle or vehicle proceeding in the same direction; or
    2. When preparing for a left turn at an intersection or
into a private road or driveway; or
    3. When reasonably necessary to avoid conditions
including, but not limited to, fixed or moving objects, parked
or moving vehicles, bicycles, motorized pedal cycles,
pedestrians, animals, surface hazards, or substandard width
lanes that make it unsafe to continue along the right-hand curb
or edge. For purposes of this subsection, a "substandard width
lane" means a lane that is too narrow for a bicycle or
motorized pedal cycle and a vehicle to travel safely side by
side within the lane.
    4. When approaching a place where a right turn is
authorized.
    (b) Any person operating a bicycle or motorized pedal cycle
upon a one-way highway with two or more marked traffic lanes
may ride as near the left-hand curb or edge of such roadway as
practicable.
(Source: P.A. 83-549.)



Michael J Blane said:

Here's a linke to the law:

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0231

 

Here's the quote:

(d) The operator of a motor vehicle overtaking a bicycle or
individual proceeding in the same direction on a highway shall
leave a safe distance, but not less than 3 feet, when passing
the bicycle or individual and shall maintain that distance
until safely past the overtaken bicycle or individual.
(Source: P.A. 76-1586.) 



Will V. said:

I do drive a car as well as bike . . . on two wheels to my right.

Anyway, we're not legally entitled to a 3-foot door zone buffer, but we are entitled to have cars pass us safely.

 

Permalink Reply by Mike Keating on September 16, 2011 at 10:13am
This isn't a "dumb question" at all. In fact, I think it is a very interesting question and I addressed it at length in a post at www.ILBicycleLaw.com. Hit this link for the post on the subject. Ride Safe!
Permalink Reply by David Lieb on September 16, 2011 at 10:25am
I find that a detectable percentage of drivers, presumably ones whose jobs provide annual update courses on new laws, DO know about the 3' law and observe it. The trucks from Dayton Freight (which I see regularly when pedaling in Des Plaines where their hub is), Pace buses, The Eagle trucks that haul the mail between cities, as well as a number of miscellaneous drivers I have not identified are examples that come to mind. Many others do not, but it is still much better than a mere five years ago. Do I expect all traffic to observe this? NO. In fact, I would rather have a vehicle pass me one foot away than have them generate a backup of vehicles who will all be upset at the vulnerable cyclist as they go by. I would also prefer to have them pass me than to have them perched on my left shoulder where they are unable to take any effective evasive action should I fall in front of them for whatever reason. IMHO, the 3' law should mean that if someone hits me there is a law that has been provably broken. We need to get some precedents in place for this, but I am no volunteering ;-)
Permalink Reply by Madopal (16.5 mi) on September 16, 2011 at 10:26am
The worst case I've seen of signage is up on St. Mary's road and nearby in Lake County.  They had originally put those genial, non-specific "Share the Road" signs up, and now immediately after each one is a sign stating that cyclists may not ride more than two abreast, punctuated with "It's the Law!" and the corresponding IL law number.  Of course, there are no such signs for the 3 foot rule.  I've been tempted to make them up with something to the effect of "It's ALSO the law that..." to see if drivers are affected at all by it.

Larry said:

On a related note, I rented a bike for a few days down in Phoenix in March....  When I rode out of the city, the country roads have signs ever few miles to remind drivers that they have a three foot law in Arizona....  I have NEVER seen any signs reminding drivers here about the law....  Not only are most motorists unaware  of the law here, I have spoken with many cyclists who are also unaware of it....  We (as members of the cycling community and citizens of this state) need to make others more aware of the law and insist that police officers are aware of and enforcing it!!!!

Permalink Reply by Kristi Erickson on September 16, 2011 at 10:33am

I don't think most drivers are aware of the 3 feet law and have never been asked to check their mirrors before opening doors. Instead of throwing money at making laws that aren't enforced or arguing over tracking a problem that we know exists and has serious consequences, what about a Public Service Announcement Campaign - like the old days of "give a hoot, don't pollute" - "be a dear, check your mirror"

Let's stop wasting time and making lawyers richer - let's be effective.

Permalink Reply by Mike Keating on September 17, 2011 at 7:21pm
Before clever slogans, many minor vehicle deaths resulted in deaths because of the driver being impaled by the steering column. Or because there were inadequate seatbelts or none at all. If not for trial lawyers insurance companies and corporate America would stand unchecked by the rest of us. I'm proud of what I do. I'm proud of the fact I make this state safer for bicyclists. I'm one of them. And I don't need a catchy slogan to effect change. I make it happen. 

Kristi Erickson said:

I don't think most drivers are aware of the 3 feet law and have never been asked to check their mirrors before opening doors. Instead of throwing money at making laws that aren't enforced or arguing over tracking a problem that we know exists and has serious consequences, what about a Public Service Announcement Campaign - like the old days of "give a hoot, don't pollute" - "be a dear, check your mirror"

Let's stop wasting time and making lawyers richer - let's be effective.

Permalink Reply by Bike Bloke on September 16, 2011 at 11:58am
Right from the time it passed I suspect charges under the 3ft law will only ever be brought when there's been a crash - after one of the events it is supposed to prevent. No surprises there!
Permalink Reply by Joe on September 16, 2011 at 12:06pm

The problem is none of the laws are enforced. If you look at the whole Chicago code, it's also illegal for a vehicle to make a right in front of you just like a bus. I've had multiple times when a car passes you and immediately cuts over braking hard to make a turn, no turn signal.

 

When does the campaign start for driver education? There's plenty of time being spent telling me what I can and cannot do and that I'm always in the wrong.

 

http://www.chicagobikes.org/bikelaws/?show=search&chapter=22&am...

 

Permalink Reply by Jeff Blumenthal on September 16, 2011 at 12:25pm

Based on my experience, especially on Lawrence Avenue, I was under the impression that it was the 3 millimeter rule.

 

Three feet!  Time to start making Citizen's arrests.

Permalink Reply by Davo on September 16, 2011 at 3:00pm

I would totally by one of those "3 Feer Please" t-shirts". IMO unfortunately this law will only be inforced if there is an accident. Much like the driving while on the phone or texting laws."

 

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