SB488 - aka the new "3 foot passing" law

2009 is Texas' 81st legislative session, and in this session it looks like we have a chance of reviving the 3-foot passing rule that petered out and died last time. This go-round it's called SB 488. It was written and submitted by Senator Rodney Ellis of Houston, and deals with a bit more than just the 3-foot passing issue. Here's the full text of the bill:

  	81R2615 SLB-F
  	By: Ellis, Carona 	S.B. No. 488
  	

                             A BILL TO BE ENTITLED
                                    AN ACT
  	relating to the operation of a motor vehicle in the vicinity of a
  	vulnerable road user; providing penalties.
  	       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  	       SECTION 1.  Subchapter B, Chapter 545, Transportation Code,
  	is amended by adding Section 545.428 to read as follows:
  	       Sec. 545.428.  VULNERABLE ROAD USERS. (a) In this section,
  	"vulnerable road user" means:
  	             (1)  a pedestrian, including a runner, physically
  	disabled person, child, skater, highway construction and
  	maintenance worker, 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; or
  	             (3)  a person operating equipment other than a motor
  	vehicle, including a bicycle, motorcycle, horse-driven conveyance,
  	or unprotected farm equipment.
  	       (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 purposes of Subsection (b)(2), the operator is
  	presumed to have passed the vulnerable road user at a safe distance
  	if the distance between the operator's vehicle and the vulnerable
  	road user is more than:
  	             (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
  	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 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 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)  A person may not open the door on the side of a vehicle
  	that is adjacent to moving traffic unless it is reasonably safe to
  	open the door without interfering with the movement of traffic,
  	including vulnerable road users. A person may not leave a door open
  	on the side of a vehicle that is adjacent to moving traffic for a
  	period longer than necessary to load or unload passengers or goods.
  	       (i)  A person may not harass, taunt, or throw an object or
  	liquid at or in the direction of any vulnerable road user.
  	       (j)  A violation of this section is punishable under Section
  	542.401 except that:
  	             (1)  if the violation results in property damage, the
  	violation is a misdemeanor punishable by a fine of not to exceed
  	$500; or
  	             (2)  if the violation results in bodily injury, the
  	violation is a Class B misdemeanor.
  	       (k)  It is a defense to prosecution under this section that
  	at the time of the offense the vulnerable road user was a person
  	operating a bicycle in violation of Section 551.103 or
  	551.104(b)(2).
  	       (l)  If conduct constituting an offense under this section
  	also constitutes an offense under another section of this code or
  	the Penal Code, the actor may be prosecuted under either section or
  	both sections.
  	       SECTION 2.  This Act takes effect September 1, 2009.

Overall this is pretty awesome sounding, now let's just hope it can get passed. Thanks for letting me know about this Katie!

One thing I do want to point out is the bit under point (k), in that if the "vulnerable road user" is a cyclist and isn't following the letter of the law as it pertains to bicycling (front flashy, rear reflector, following all vehicular traffic laws), then the aggressor looks to get off scott-free. I'm also curious about limiting the charge to a Class B Misdemeanor if bodily injury occurs. WTF?!? Regular assault is either a Class A Misdemeanor or a Third Degree Felony, and assault with a deadly weapon is a Second Degree Felony with a minimum jail term of 2 years. Why would they classify it as anything different in the context of "vulnerable" road users? I'm going to look into this further, but that bit sounds kinda strange.