Legislative Alert: HB 1030

It’s officially official. HB 1030 is a bicycle related bill that will work its way through the South Dakota Legislature this winter. Riders will want to pay attention to this bill. When laws are scrutinized anything can happen to them. Additions, deletions, omissions. The last time a bicycle bill was in the legislature South Dakota was close to becoming the first state in the union to legislate cyclist wardrobe – and that was on a 3 foot passing bill.

This year HB 1030 is mostly a 3 foot passing bill. Notably this bill seems to have originated with the Department of Transportation. My sense is a change to law recommended by state staff is more likely to be successful.

Part I

The bill will introduce a new section into the books that reads:

“The driver of any motor vehicle overtaking a bicycle proceeding in the same direction shall allow a three foot separation between the right side of the driver's vehicle, including any mirror or other projection, and the left side of the bicycle. The driver of the motor vehicle shall maintain that separation until safely past the overtaken bicycle. A violation of this section is a Class 2 misdemeanor.”

I’m pretty ok with adding this into law. I do recommend adding the word MINIMUM in the sentence “shall allow a three foot separation.” Many riders say 3 feet isn’t enough and adding this word implies more is better.

Part II

The bill will amend an existing law. The bold portion indicates the amendment:

A person operating a bicycle shall give a continuous signal of intention to turn right or left during the last one hundred feet traveled by the bicycle before turning. The signal shall also be given while the bicycle is stopped waiting to turn. A signal by hand and arm need only be given intermittently if the hand is needed in the control operation of the bicycle. No driver of a bicycle may overtake another vehicle on the right if the overtaken vehicle is signaling to make a right turn.

I am always happy to point out the most dangerous place to ride is to the right of a right turning vehicle. How do you know vehicle is turning right? You don’t. This amendment would make it illegal to ride to the right of a right turn signaling vehicle. I say don’t ride to the right of any vehicle.

I’m neutral on this amendment while pointing out my personal standards are more strict than this amendment would require.

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So write your state representatives. Get them early. They don’t start real work till Monday. Tell them this weekend what you think of HB 1030. Surprise them by showing them you care.

Find your reps now!!!