Hi Kasey,

Here are some suggested bullet points for the 4-foot passing law.

The 4-foot passing requirement: 

• creates an easily visualized distance for police to enforce and for motorists to employ when passing bicyclists;
• increases awareness that bicyclists are legitimate road users;
• establishes a bicyclist's right to space and improves interactions with motorists (previously, motorists may have been unsure of the minimum distance required to safely pass a bicyclist);
• can lead to an increase in the number and types of bicyclists within the community;
• may help support implementation of Complete Streets policies;
• is consistent with 3 or 4-foot passing requirements in adjoining states, PA, MD and TN.  (Note: I don't know whether OH, VA, KY, NC have considered 3 or 4-foot passing requirements).

In the past 10 years, there has been a strong trend among states to enact laws that require a motorist to allow a definite minimum distance, usually 3-feet when passing a bicycle.  The graph on p. 10 of 
WV Connecting Communities Legislative Agenda:  Proposed Bicycle Legislation Changes indicates that there is tremendous momentum for 3 or 4-foot passing laws.  

Concerning your question about law enforcement needing a law on the books when a cyclist is hit, 17C-7-3 already says, "The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle." but here it gets sticky because according to 17C-1-2, a bicycle is not a vehicle however, according to 17C-11-2, a bicyclist shall be granted the same rights as applicable to the driver of a vehicle.  

As I said several times before, I added the 4-foot law to the legislative agenda because the WVCF favored a 3-foot law when we talked several years ago after the first annual WV cycling symposium (and PA has passed a 4-foot law since).  At that time, I argued that 17C-7-3 already gave police the law that they needed to cite motorists that pass bicyclists too closely.  I also argued that the safe passing distance increases with the difference in speed between the motor vehicle and the bicycle.  3-feet is not enough when the motor vehicle is traveling more than 25-mph faster than the bicyclist; especially when the motor vehicle is a coal truck.  Nevertheless, the nation is going with 3 or 4-foot passing rules and that's probably the strongest argument for WV having one too.

Frank

On Mar 25, 2013, at 12:55 PM, Kasey Russell wrote:

Frank -- I am adding bullet points for not having mandatory side paths
and adding the 3/4 foot passing requirement. I am referencing the
number of states for precedence but do you have a couple of talking
points in favor of a 3 or 4 foot passing rule? Like, law enforcement
needs a law on the books when a cyclist is hit or this gives us more
visibility for driving safely around cyclists?
Thanks for your help!
Kasey