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UK 'interested' in minimum passing distance law, says government

Could cyclists have the same protection in law here as in Australia?

A legal safe passing law in the UK might come under consideration in the future, according to the minister for roads and cycling, whp said the Government was "interested" in a law.

Robert Goodwill made the surprising claim in an answer to a Parliamentary Question from Alberto Costa, Tory MP for South Leicestershire.

The question tabled was “To ask the Secretary of State for Transport, with reference to the Government's response on the e-petition entitled, ‘To introduce a permanent, minimum passing distance when overtaking cyclists’, what assessment his Department is planning of cycle passing spaces in South Australia and by when he plans to complete that assessment.”

To this, Mr Goodwill responded: “The introduction of a legally enforceable minimum passing distance between cyclists and other vehicles in South Australia is relatively recent. As a result, there is limited information available regarding the impacts both positive and negative following this change in the law. As with other changes of this type introduced overseas, we remain interested in the change and are keeping it under review.

The Highway Code already has a requirement for motorists to give cyclists plenty of room when overtaking.”

This ‘plenty of room’ definition was the subject of the e-petition, started by a Tony Martin, who stated: "The lack of a clear specification may result in a personal decision what a "plenty of room" means in terms of distance. Therefore, introducing a minimum legal passing distance when overtaking cyclists will considerably reduce the number of cyclist casualties, aiding in a safe cycling practice. Suggestion of 3.28 ft (1 m) when overtaking cyclists on roads with speed limits up to and including 30mph. On roads with higher speed limits, the minimum passing distance should be 4.9 ft (1.5 m).”

According to BikeBiz, in response to Martin's petition the Government said it "currently does not have plans to legislate on a set minimum space e.g. 1 metre on roads with a speed limit of up to 30mph when overtaking a cyclist."

The answer added: "This type of legislation would be extremely difficult to enforce and the Government does not believe that it would add to the existing rules and guidance, including those set out in the Highway Code, which advises drivers to give cyclists “at least as much room as you would when overtaking a car”.

However, "we are keeping this position under review," said the Government and is "interested in learning from the experience of places where legislation of this type has been introduced. One example is South Australia, where since 25th October 2015, drivers are required to give a minimum of one metre when passing a cyclist where the speed limit is 60km/h (37.3mph) or less or 1.5 metres where the speed limit is over 60km/h (40mph). The penalty for drivers caught disobeying this rule is a $287 (£148) fine, plus a $60 (£31) victim of crime levy and 2 demerit (penalty) points."

The Government said it "will take time to understand the benefits and impacts of this legislation on cyclists and other road users.”

A number of countries have laws relating to a legal minimum passing distance. As of February last year, drivers in Tasmania have been obliged to allow one metre between their vehicle and a cyclist on roads up to and including 60km/h, and 1.5 metres on roads above 60 km/h with a public information film getting the message across in memorable and entertaining fashion.

Here in the UK, BikeBiz editor Carlton Reid produced a video in which Chris Boardman explained how to safely overtake a cyclist. The video, which also featured cycling club Exeter Wheelers and master driving instructor Blaine Walsh, demonstrated how much room a cyclist or group of riders need, and why they might need it.

 

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24 comments

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philwolsey | 7 years ago
0 likes

Part cross the white line.

Spain found minimum distance unenforceable so they added:

1. When overtaking, your driver's-side wheels must cross to the far side of the central white line.

2. If another cyclist is coming towards you from the other direction when you wish to start your manoevre, you must wait for them to pass before you begin.

These rules are based on clear, binary metrics (no tape measure necessary), making them easy to observe and v. enforceable. I cycled on Fuerteventura in sparsely populated areas (i.e. no witnesses) and these rules were meticulously observed, making me feel much safer. Until segregated cycling nirvana arrives in the year 3000 (by then I shall be very old), this seems to me to be a sensible alternative.

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kie7077 | 7 years ago
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'Plenty of room'

 

surprisesurprisesurprise

 

That's what ****s say when they pass by within 6 inches 'I gave you plenty of room'.

Why can't these a***holes just sticking their f**king pens on a pice of f**king paper and write a f**king law that says to give us an actual measured amount of space.

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yagi | 7 years ago
1 like

> give cyclists “at least as much room as you would when overtaking a car”

Does this mean the gap between them or the space taken up on the road? A 50cm gap might be ok between cars, but a cyclist needs more. At least change the Highway Code to make it unambiguous.

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brooksby replied to yagi | 7 years ago
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yagi wrote:

> give cyclists “at least as much room as you would when overtaking a car” Does this mean the gap between them or the space taken up on the road? A 50cm gap might be ok between cars, but a cyclist needs more. At least change the Highway Code to make it unambiguous.

A lane is just a long chain of vehicles of differing widths. A bicycle legally 'holds' a section of the lane the length of the bike, as I understand it. Hence why you can legally hold primary position. It just happens that a bike is narrower than a car and can if it wishes move over a bit to facilitate cars overtaking.

So, the Highway Code guidelines surely mean "overtake as if it was actually a car there, that you were overtaking ".

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Rich_cb replied to brooksby | 7 years ago
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brooksby wrote:

So, the Highway Code guidelines surely mean "overtake as if it was actually a car there, that you were overtaking ".

Therein lies the problem with the current rules/guidance. They are open to interpretation, so in order to prosecute you have to both have evidence an unsafe pass took place and convince a jury that said pass was "unreasonable". This is obviously subjective so makes prosecution much more difficult (as recent cases have shown).

Whilst a minimum passing distance may not be easy to enforce it would be a lot easier to enforce than the current rules and so would be an improvement.

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cdamian | 7 years ago
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This already exists in Spain, but with no enforcement at all.

There are some rumours that undercover police on bicycles will be fining cars for overtaking too close, but this is not going to make any impact.

Speeding, ignoring red lights (by cars and motorcycles) and similar offenses are also not policed.

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johnrawlins replied to cdamian | 7 years ago
1 like

cdamian wrote:

This already exists in Spain, but with no enforcement at all.

/quote]

I agree that the rule is not enforced in Spain. But the government is putting up a lot of road signs reminding drivers to leave 1.5m of space and I believe that the message is getting through to even the dimmest of drivers.

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IanW1968 | 7 years ago
1 like

We've got infra structure, it's called the road.  

Strict Liability is the key to improving road safety but given the power insurers and road haulage companies have over goverments its very unlikely. 

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Fifth Gear | 7 years ago
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The only effective solution to cycling safety is the provision of safe and convenient segregated infrastructure which results in significant cycling uptake. There is no point in wasting time on legislation which will simply not be enforced such that cycling remains a small minority pursuit. Direct action is the only way to ensure that the authorities provide the funding and expertise to make cycling safe and increase uptake. Everything else is a waste of time which has now been going on for decades.

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Paul J | 7 years ago
2 likes

I can't help but shudder at anything that wants to make the cycling experience more like Australia.

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antigee replied to Paul J | 7 years ago
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Paul J wrote:

I can't help but shudder at anything that wants to make the cycling experience more like Australia.

agree the cynic in me says that the Dft selecting South Australia (a huge state with a tiny 1.7million population, mostly in Adelaide)  is odd when plenty of more comparable European countries have minimum passing distance laws AND presumed liability  - they aren't mutually exclusive concepts!

Here in Aus' presumed liability is barely on the agenda

Likewise segregated infrastructure and minimum passing laws aren't mutually exclusive - all part of a list of reasonable but non carcentric and therefore politically difficult demands

 

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antigee | 7 years ago
1 like

but how interested? - referring to a trial that is only just starting could be seen as just kicking the issue into the long grass - I wrote to the Petitions Committee pointing out that the Dft should really be looking urgently into the outcome of the older and evaluated trial in Queensland – sadly the email was returning saying I should approach the Dft directly or my MP – anyway here is the text of my email (posted in a previous thread so look away now if read before):

--------------------------------------------

 ...........The Queensland Government commenced a similar trial in April 2014 and confirmed in April 2016 that the trial was considered successful and the law has now become permanent.

http://www.abc.net.au/news/2016-04-07/cyclist-one-metre-rule-to-stay-in-...

Possibly this trial was unique in that there was an evaluation of the law’s impact by The Centre for Accident Research & Road Safety - Queensland University of Technology, available in full here :

http://eprints.qut.edu.au/94655/1/Final_Report_TMR_170316.pdf

The conclusion section of the Executive Summary is lengthy. This section suggests a generally positive outcome:

“....Despite the problems of practical implementation, drivers reported being more aware of bicycle riders when driving on the road than 12 months ago. Most riders and drivers surveyed had observed motorists giving bicycle riders more room when overtaking than they used to. However, there was no reported change in empathy for bicycle riders or in incidents of harassment between motorists and bicyclists. Thus it appears that drivers have become more aware of cyclists and leave them more room, but their attitudes towards cyclists have not necessarily changed. The level of observed compliance with the new rule was relatively good....”

Of course the big question is does a minimum passing distance law make the roads safer?

From page 69 of the report:

“Analyses of uncleansed preliminary police data showed that during the two years prior to the commencement of the MPD trial, the number of serious (fatal and hospitalisation) bicycle-related crashes per month showed no statistically significant trend but that from the commencement of the trial until October 2015 there has been a statistically significant decreasing trend. This has resulted in an estimated 48.5 fewer serious bicycle crashes in the post-commencement period than would have been expected based on extrapolation from the pre-trial trend.”

The report go on to suggest that other sources of data need to be looked to get a clearer picture of the impact of minimum passing distance road rule on serious bicycle crashes and car on car crashes but that the data is not yet available.

The population of Queensland is less than 5million. 

Obviously there are a lot of differences in terms of road layout, population densities, travel mode, weather etc to the UK but if this level of reduction in serious injurious/deaths  is near correct then for the UK this could  translate to a very significant number of  reductions in deaths and serious injuries .

-----------------------------------

Think enforcement arguments are valid and cyclists in Queensland seem generally disappointed with very limited enforcement but I’d say the success has been in generating public debate about how to deal with safely passing cyclists – ok so some drivers will never learn but if the reduced casualty rate works out then it could be a simple move in the right direction.

Plenty of other non-enforced road rules out there? 20mph zones, Give way and Stop lines – believe since I moved (temporarily) to Aus’ the UK has a tailgating rule? – what these road rules do is change attitudes (for some drivers – the others either haven’t got or shouldn’t have licenses)

PS  in Tasmania (a State not a country) the minimum safe passing distances are only advisable not a points/fine offence – believe what the road rule change did in Tasmania was clarify that drivers can and should if safe cross single or double lines to pass cyclists plus a good ad’ campaign and have added cycling related questions in the driving test.

Not all states have minimum passing laws – I live in Victoria,  it is currently being reviewed by a parliamentary committee.

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Initialised | 7 years ago
4 likes

Strict Liability would be more effective and would have the same effect but would also help motorcyclists, horse riders and even car drivers where they collide with a lorry or bus.

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hicki35 replied to Initialised | 7 years ago
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Initialised wrote:

Strict Liability would be more effective and would have the same effect but would also help motorcyclists, horse riders and even car drivers where they collide with a lorry or bus.

I seriously think this would be the best answer to the problem. Needs to be campaigned for more vigorously.

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hicki35 replied to Initialised | 7 years ago
0 likes
Initialised wrote:

Strict Liability would be more effective and would have the same effect but would also help motorcyclists, horse riders and even car drivers where they collide with a lorry or bus.

I seriously think this would be the best answer to the problem. Needs to be campaigned for more vigorously.

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Yorkshire wallet | 7 years ago
3 likes

Worst offenders for passing distance on my trip to work are often the slowest. Most of the tear-arses usually give me room, it's the fuckers driving Civics or a Jazz, often wearing flat caps you have to watch out for. Not a clue how near they are most of the time. This sort of law would be pointless against these people as they really don't know what they're doing in the first place. 

Then again, I work with a narcoleptic who falls asleep at his desk all the time. Still allowed his licence though as the doctor thinks his pills work. Frightening who's on the road. 

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brooksby | 7 years ago
6 likes

OK, so that is the carrot (introducing minimum safe passing distance); I wonder what the stick will turn out to be (what price will cyclists have to pay for this?)...

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ron611087 replied to brooksby | 7 years ago
4 likes

brooksby wrote:

OK, so that is the carrot (introducing minimum safe passing distance); I wonder what the stick will turn out to be (what price will cyclists have to pay for this?)...

NSW introduced fines large enough to reduce their budget deficit if a cyclist got within 100m of a bicycle without a helmet. They would have gone for hanging but they couldn't make any money out of that.

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vonhelmet | 7 years ago
7 likes

Interested in passing a law, maybe, but they won't be at all interested in enforcing it.

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ron611087 replied to vonhelmet | 7 years ago
10 likes

vonhelmet wrote:

Interested in passing a law, maybe, but they won't be at all interested in enforcing it.

It's unenforceable.  The only time the passing distance is beyond doubt is if the motorist hits the cyclist. 

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brakesmadly replied to ron611087 | 7 years ago
4 likes

ron611087 wrote:

It's unenforceable.  The only time the passing distance is beyond doubt is if the motorist hits the cyclist. 

Yep, which is why it's a good idea. No messing about arguing which offence (if any) the driver can be charged with. They clearly broke the passing distance law which could then easily lead to further charges. Has to be better than now when a string of excuses gets them off the hook.

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I love my bike replied to brakesmadly | 7 years ago
1 like

mbrads72 wrote:

ron611087 wrote:

It's unenforceable.  The only time the passing distance is beyond doubt is if the motorist hits the cyclist. 

Yep, which is why it's a good idea. No messing about arguing which offence (if any) the driver can be charged with. They clearly broke the passing distance law which could then easily lead to further charges. Has to be better than now when a string of excuses gets them off the hook.

Except that if there's no practical way of actually measuring & therefore enforcing the distance, it doesn't matter what it is! Even 1mm would do the job!

Well, maybe not for single track roads where the national speed limit applies. Passing bicycles could be illegal. Would it be reasonable to require cars to back up for miles if they met a bicycle coming the other way?

What about cycle lanes? How much wider than the min passing distance would they have to be?

In short, no new knee-jerk law please.

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ianrobo replied to brakesmadly | 7 years ago
0 likes

mbrads72 wrote:

ron611087 wrote:

It's unenforceable.  The only time the passing distance is beyond doubt is if the motorist hits the cyclist. 

Yep, which is why it's a good idea. No messing about arguing which offence (if any) the driver can be charged with. They clearly broke the passing distance law which could then easily lead to further charges. Has to be better than now when a string of excuses gets them off the hook.

true but the real answer is better enforcemnet of current laws and of course harsher sentences for some awful crimes. Careless driving should be scrapped and dangerous driving to cover all offences up to including life in prison where bad enough. Anyone convicted of this kind of offence should expet a min one year ban.

Then see attitudes change.

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DrG82 replied to ron611087 | 7 years ago
0 likes

[/quote]

It's unenforceable.  The only time the passing distance is beyond doubt is if the motorist hits the cyclist. 

[/quote]

I saw a vid recently (probably linked to via road.cc but I can't find it now) where a cop had a untrasonic distance gague rigged to a pannier rack and was measuring as people passed him.

He was only giving out warnings to offenders though.

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