On February 27, 78-year-old cyclist Bent Rasmussen was killed in an incident involving a school bus in Sparta, NJ. Initially, police believed the bus’ side-view mirror hit Rasmussen, throwing him several feet and inflicting the fatal head injuries. Police now believe that the experienced cyclist “lost control of his bicycle as the bus was passing him.” In either case, Rasmussen’s death is only one incident that might have been prevented or ameliorated by adopting “safe passing” legislation.

As a member of the state sponsored Bike and Pedestrian Advisory Committee, Tri-State has been working to craft legislation that would protect cyclists and pedestrians by requiring a minimum distance of a half lane (approx. 6 feet) for cars and trucks passing non-motorized road users. Senate Bill 2737, introduced in April by Senators Oroho and Stack, calls for a minimum 3-foot clearance for motorists passing cyclists. While S2737 is a good start, 3 feet leaves only a small margin of error given variations in traffic conditions, speed limits and experience level of the cyclist. “Half the width of the lane” is also easier for motorists and observing law enforcement to estimate.

But even a 3-foot requirement was received with skepticism at last week’s meeting of the Senate Transportation Committee, which put the bill on hold.  “I can see myself driving down Bergenline Avenue in Hudson County and there is absolutely no way that three feet would work, certainly not a half lane, you are just in such a heavily congested area,” Committee Chair Nicholas Sacco said. “Again, the roads are built for cars and for driving.” (Audio of the hearing is available here, with testimony on the safe passage bill beginning at 15:42.)

Other senators suggested that safe passing laws would be difficult to enforce.  TSTC’s Zoe Baldwin, who testified at the Senate meeting, drew an analogy to automotive laws requiring safe following distances or signaling 100 feet before a turn. She said that while everyday enforcement of these offenses may be rare,  they serve other important purposes like providing legal recourse after a collision and guaranteeing that new drivers learn proper passing in driver’s education classes. The Bicycle Coalition of Greater Philadelphia and the New Jersey Bicycle Coalition also support safe passage legislation.

The legal relationship between motorists and cyclists in New Jersey is complex. For example, Title 39 — the NJ statute governing motor vehicles and traffic — does not include bikes under the legal definition of “vehicles,” but includes cyclists under the definition of “drivers.”

Bike fatalities doubled in 2008, and about 27% of all NJ’s traffic fatalities were pedestrians and cyclists. As more people take to two wheels, the state will have to do more to clarify the legal rights and responsibilities of both motorists and cyclists as they share the road.