RE: SB 70, Three Feet Safe Passing Legislation

Dear Members of the Senate Transportation Committee,

Thank you for considering the proposed legislation that would define the minimum safe distance for a motor vehicle to pass a bicyclist on the left.

It was late in the afternoon on August 21, 2003 and I was biking on hiway 89 between Custer and Sylvan Lake. There were three of us biking and I was bringing up the rear. An RV pulling a trailer with protruding fenders passed me and the fender caught my bike. I do not remember anything about the accident or my three week stay at the hospital in Rapid City. I was taken by ambulance to the Custer Hospital and then air lifted to Rapid City. I had a severe concussion, eight multiple broken ribs, dislocated shoulder, broken scapula, and a punctured lung.

I was on pain medication for over six months and suffered from deep depression. I basically spent two years in hell. But the sun did come up again and I am now 99% cured.

If the driver of the RV had been aware of a minimum standard for safely passing a bicyclist, my accident might have been prevented. However, what I am now really concerned about, is my desire to help prevent unnecessary crashes from happening in the future.

I have worked with young people for over 40 years and have always been concerned about their safety. There are a lot of young bikers and their safety has to be important to all of us. If a simple law like the 3′ rule saves one life it will be well worth it. I certainly hope this law will get your support and pass.

Sincerely,
Larry Luitjens

I was grinding up highway 1806 near the west end of Oahe Dam one morning, riding with a friend who was ahead quite a ways. I was right of the fog line on a gravelly shoulder, making 10 or 11 mph, and probably wondering to myself what kind of friend passes his gravity-enhanced riding buddy with a cheery “see ya.” 

Nearing the top, I saw the cab of a semi passing, probably doing 50 mph up the grade. It seemed like he was giving me plenty of room until a monstrous tractor tire whizzed by less than a foot from my left shoulder, followed quickly by another. 

Had I moved a few inches toward the traffic lane to avoid one of the many breaks in the shoulder pavement, I would have been tagged from behind by a jagged lug of a tire extending an easy 5 feet beyond the transport trailer.

By Jessica Giard, SDBC Board Secretary

When I think of the need for a 3-foot law, I think of South Dakota’s rural roads. These roads are what make this state great for long-distance bicycling and touring by bicycle. Scenery is unmatched. And, as a cyclist, you experience that unmatched scenery unlike you would in a vehicle. And, that, I think, is a huge magnet for bicycle tourists.

BUT these rural roads tend to have little to no shoulder, and cyclists are likely to share the road with motorists unaccustomed to safely sharing the road. These may even be the type to honk at you for using the road (if not more egregious acts), but wouldn’t think twice of a pedestrian walking on the side of the road.

Living in Chamberlain, one road that fits this bill is Highway 50 heading north out of Chamberlain. I’ve driven it, and I’ve cycled it. Some of you have, too. Following the Missouri River, the scenery is both amazing & challenging.

I have been told I’m crazy for bicycling that road. Maybe I am, especially considering the non-existent shoulder, the heavy spring & summer recreational traffic (RVs and trailered boats) and people driving the hills & curves too fast.

But, here’s the thing. Roads like Highway 50 – which connect South Dakota’s rural communities – are exactly why a 3-foot law should be considered. These are the roads that carry bicycle tourists across the state. These are roads that the pockets of communities of bicyclists in South Dakota’s communities use for riding.

Until all the highways in South Dakota are built with wide shoulders and lanes meant for sharing, a 3-foot law will serve as a standard, objective measure to keep cyclists and motorists safely sharing the road.

The existing law does not provide a solid enough measure of what safe passing of a cyclist is. By standardizing 3 feet – which some say isn’t enough – is a start to support a campaign to safely share the road with South Dakota’s growing bicycling community.