Right-of-way laws usually prioritize more vulnerable travelers, but a recently introduced bill in South Dakota drastically bucks that trend. Per House Bill 1073, if a car approaches a cyclist within a no-passing zone, without a road shoulder at least three feet wide, "the [cyclist] shall stop the bicycle, move the bicycle off the roadway, and allow a faster vehicle to pass." That’s right: If a car is trying to pass you, you will be obligated to stop, dismount, and walk your bike.
If passed, the bill would also rescind cyclists' ability to take lanes without shoulders.
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The bill brings up a whole host of questions: If another cyclist overtakes you, do you need to come to a complete stop? Does a slow-moving tractor need to stop to let a speedy cyclist pass? If you’re in a group ride… Wait, can you even be in a group ride in this scenario? What if a horse passes you, and you want to pass back? (And then, what if you startle the horse?)
South Dakota isn't alone in introducing bills that, at face value, seem a little rash and unreasonable. For instance, a lawmaker in Missouri recently proposed cyclists be required to fly flags 15 feet above the ground, to “increase visibility.” Bills like this rarely pass, but they do show a scary anti-cyclist sentiment within select groups of lawmakers—and remind us that lobbying for things like better bike lanes and laws that protect riders is incredibly important work.
Eleven representatives and three senators are backing this bill, which will have a hearing tomorrow. If you live in South Dakota, now might be a good time to let your representatives know what you think of all this.
