Governor Markell signed SB 38, Delaware’s “three foot passing” bill. With the signing of this bill, Delaware becomes the nineteenth state to have a passing law to protect cyclists. The law not only provides additional legal protection, it provides an important educational opportunity.
Delaware’s law reads as follows:
“The driver of a motor vehicle, when approaching a bicyclist traveling in the same direction, shall ensure the safety and protection of the bicyclist by:
a. Proceeding with caution and yielding the right-of-way by making a lane change into a lane not adjacent to that of the bicyclist, if possible, with due regard to safety and traffic conditions, if on a roadway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or,
b. Proceeding with caution and reducing the speed of the vehicle to a safe speed and leaving a reasonable and prudent distance by providing a minimum of three feet of clearance while passing such bicyclist, if changing lanes would be impossible or unsafe.”