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SB 553 ‘Bicycles and Traffic Safety” Advances in Indiana Legislature
Posted by Paul Taylor on February 17, 2009
The bill that modernizes the Indiana cycling law has been approved by a Senate committee and sent to the Senate floor. In my opinion, this is a great day for Hoosier cyclists.
Prior to approval, some of the more controversial parts were removed, while leaving non-contentious and important provisions intact. Among the provisions retained were:
- the definition of Bicycle Lanes, and how they should be treated by both motorists and cyclists;
- provision to allow a cyclist to proceed through a red-light if the bike is unable to trigger the traffic control sensor;
- codification of hand signals routinely used by cyclists (including allowing a right turn to be signaled by extending the right arm);
- requirement of a red tail-light at night;
- cyclists have all the rights and responsibilities of pedestrians, but must yield to pedestrians;
- several minor ‘clean-up’ provisions, (for example a biker may now carry a whistle, may stand up and pedal, and child seats and tag-alongs are legal);
- increased penalties when a motorist causes bodily injury to a bicyclist.
The provisions removed were:
- motorist must allow 3 foot clearance when passing a bike;
- cyclist must carry identification on their person;
- mandatory helmets for children on bikes;
- the proposed ‘no-liability’ provision;
- the new crime of harassing a cyclist.
For more details see
Henry Scott said
Thanks for the update and hard work on this, Paul. Can you elaborate about what made the 3′ passing rule so controversial, given that similar measures have already passed in other states?
Paul Taylor said
One of the Senators on the committee had a problem with the 3 foot rule. I don’t recall her exact words, but in essence it was something like this:
“If I must give three foot clearance, then I must cross the center-line, making myself liable to an oncoming car.”
It apparently never occurred to her that she had an alternative: slow down and wait until there was no oncoming car. She spoke after the public comment period had ended, so I had no right of rebuttal.
At least she doesn’t think bikes belong on the sidewalk.
Adam Bee said
Nice job!
I’m sad to see the 3′ passing provision go seeing as how that is standard nearly everywhere else. I wonder how the senator passes slower cars, tractors, or buggies?
On balance, though, I think we’ve gotten down to the core of the best stuff. This is truly a bill that I think everyone can really get behind! Exciting stuff! Thanks for all your hard work!
Joe Canarecci said
Its a fine step, but I like others think objections to a 3′ passing rule are…objectionable. Especially in a 12′ lane when most cars are ~6′ wide:) I also can’t imagine justifying the removal of making harassment a criminal act, maybe the burden of proof or something?
Its nice to see some real action happen both statewide and locally in the community though, no matter how broad or focused it turns out to be at least its all progression.
Jim Moffitt said
Great work! I’m sorry to see the omission of the 3-foot rule too. Though in consolation I believe there are all-ready laws that do protect cyclists from Reckless Endangerment. (http://en.wikipedia.org/wiki/Endangerment).
k.sawyer negro said
Makes me feel a little safer on the road!
Paul Taylor said
Thirteen states currently have a 3′ passing law
1 Arizona
2 Arkansas (2007)
3 Connecticut (2008)
4 Florida
5 Illinois
6 Kentucky, not in law books but in Rules of the Road
7 Maine (2007)
8 Minnesota
9 New Hampshire (2009)
10 Oklahoma
11 Tennessee (2007)
12 Utah
13 Wisconsin
Two states have a 2′ rule
1 North Carolina
2 Virginia
Details are at http://www.safe-route.org/laws/passing.php
Three states (that I know of) have a 3′ rule moving through the legislature:
1. Maryland,
2. Colorado,
3. Indiana.
Paul Taylor said
The bill passed the Senate by a vote of 38-11 on Monday, 2/23, and has been referred to the House of Representatives. In the House, the bill is being sponsored by Rep. Ryan Dvorak (Democrat, South Bend) and is being co-sponsored by Rep. Tim Neese (Republican, Elkhart).
Paul Taylor said
On Feb 24, Senator Joseph C. Zakas (Republican, Dist. 11 – Granger) was added as a second coauthor.
Paul Taylor said
In the House of Representatives, the bill has been assigned to the ‘Committee on Roads and Transportation’. We are trying to get the 3′ rule put back in, and I am optimistic.
No date is yet set for the bill’s hearing; also, no confirmation that the 3′ provision will be added back in.
Adam Bee said
Sounds great!
Evan Miller said
Paul, I found this discussion after googling bicycle right-of-way laws in Indiana. I’m biking in Goshen and 2x in the last 5 days I’ve been passed within what seems like 6 inches by big trucks on an industrial road. Both times it scared the daylights out of me. Where do we stand on this 3′ rule? All the provisions SB553 retains are nice, but they won’t do me any good if I’m dead.
Paul Taylor said
SB 553 did not pass. Both the Senate and the House passed versions of the bill which were essentially the same, except the House version included the three foot rule, and the Senate did not. In the reconciliation process, the 3′ rule was dropped, and the bill was sent to the floors of both chambers, but did not come up for a vote.
The Legislative Task Force has already met with legislators to plan the 2010 version of the bill. It will be very similar to last year’s and will include the 3′ provision. The bill will also have a new provision: motor vehicles may pass a bicycle in a ‘no passing zone’, when it is safe to do so. We think this may remove some of the opposition to the 3′ rule.
I might add that your Rep. Wesley Culver, of Goshen, voted in favor of the bill.