Text of the proposed Safe Passing Ordinance

AN ORDINANCE ADDING A NEW SECTION 12-1-35 OF THE CITY CODE
RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR
VULNERABLE ROAD USERS, AND CREATING AN OFFENSE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

PART 1. Section 12-1-35 of the City Code is amended to read:
§ 12-1-35 VULNERABLE ROAD USERS.
(a) In this section, a Vulnerable Road User means:
(1) a pedestrian, including a runner, physically disabled person, child, skater,
highway construction and maintenance worker, tow truck operator, utility worker, other
worker with legitimate business in or near the road or right-of-way, or stranded motorist
or passenger;
(2) a person on horseback;
(3) a person operating equipment other than a motor vehicle, including, but not
limited to, a bicycle, handcycle, horse-driven conveyance, or unprotected farm
equipment; or
(4) a person operating a motorcycle, moped, motor-driven cycle, or motor-assisted
scooter.
(b) An operator of a motor vehicle passing a vulnerable road user operating on a highway
or street shall:
(1) vacate the lane in which the vulnerable road user is located if the highway has
two or more marked lanes running in the same direction; or
(2) pass the vulnerable road user at a safe distance.
(c) For the purpose of Subsection (b)(2), when road conditions allow, safe distance is at
least:
(1) three feet if the operator’s vehicle is a passenger car or light truck; or
(2) six feet if the operator’s vehicle is a truck, other than a light truck, or a
commercial motor vehicle as defined by Texas Transportation Code Section 522.003.
(d) An operator of a motor vehicle that is making a left turn at an intersection, including
an intersection with an alley or private road or driveway, shall yield the right-of-way to a
vulnerable road user who is approaching from the opposite direction and is in the
intersection, or is in such proximity to the intersection as to be an immediate hazard.
(e) An operator of a motor vehicle may not overtake a vulnerable road user traveling in
the same direction and subsequently make a right-hand turn in front of the vulnerable
road user unless the operator is safely clear of the vulnerable road user, taking into
account the speed at which the vulnerable road user is traveling and the braking
requirements of the motor vehicle making the right-hand turn.
(f) An operator of a motor vehicle may not maneuver the vehicle in a manner that:
(1) is intended to cause intimidation or harassment to a vulnerable road user; or
(2) threatens a vulnerable road user.
(g) An operator of a motor vehicle shall exercise due care to avoid colliding with any
vulnerable road user on a roadway or in an intersection of roadways.
(h) It is an affirmative defense to prosecution under this section that at the time of the
offense the vulnerable road user was acting in violation of the law.