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Possible Safe Passing Rule for San Antonio Cyclists

By Beth Janicek

On Wednesday, the City Council committee in San Antonio voted unanimously to send a 'safe passing' ordinance to the full council for a vote next month. The ordinance reflects the legislation overwhelmingly passed last year by the Texas House and Senate, that requires drivers to change lanes to avoid 'vulnerable road users' when possible, or to give them three feet of clearance when passing. Surprisingly, Gov. Rick Perry vetoed the bill, prompting a handful of municipalities, including Austin and Helotes, to put ordinances on their books identical to the state version. Perry said that the legislation

'contradicts much of the current statute and places the liability and responsibility on the operator of a motor vehicle when encountering one of these vulnerable road users.'

San Antonio's council could consider the safe passing ordinances as early as February 4^th. Richard Varn, the city's chief information officer and an avid cyclist said,

'If passed by the City Council, the ordinance would be the foundation of an educational campaign to raise drivers' awareness that they must legally share the road.'

However, the SAPD agrees with Gov. Perry, and believes that existing laws are sufficient to protect cyclists and pedestrians. Deputy Chief Mike Burns also questioned the enforceability of the proposed law.

According to a Texas Department of Transportation report, in 2008, 50 Texas bicyclists were killed and another 274 suffered incapacitating injuries. In Texas about 400 pedestrians are killed every year. Looking at these statistics, it is obvious to me that existing laws are not sufficient to protect cyclists and pedestrians.

Since I enjoy running and cycling, I have been following the 'safe passing' ordinance from the beginning. See my previous blogs on the subject:

Motorists: Share the Road and Give Clearance to Cyclists – May 11, 2009

The Safe Passing Bill: An Update - May 18, 2009

Bill to Make Road Safer for Cyclists is Vetoed – June 24, 2009

Meeting Tonight in San Antonio for Cyclists to Voice Their Concerns – October 14, 2009

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on January 21, 2010 (boomark / email).