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In a bolt of bipartisanship, the Chautauqua County Legislature recently approved a local law that will require drivers to leave a minimum of three feet when passing non-motorists.
The law is aimed at cyclists, but also includes pedestrians, those on horses and Amish buggies, among others. State law requires drivers to use "due care" but does not attach a measurement to that standard.
We think there's a reason for that choice – how does one use the 3-foot law preventatively? Police aren't carrying tape measures, and even if they did they can't use one while moving if they see a possible violation. There's no way to enforce the local law unless it is applied retroactively when there is an accident – at which point the law has already failed to live up to its intent. In some situations it's not possible to give three feet of space, especially in cities where road space is tight. Even areas with bike lanes usually don't give three feet of space between the bike lane and travel lane, which means drivers can be violating the local law even if they're sharing the road as intended.
Using the state's "due care" standard gives law enforcement the ability to cite drivers for not exercising due care without attaching a measurement they can't take in the first place. Police officers using the "due care" standard know a violation when they see one without having to try to measure the distance between a vehicle and a pedestrian or cyclist.
The real impact of the county's three-foot law is symbolic – and we agree with Legislator Tom Nelson that more should be done to protect cyclists and pedestrians. Too many drivers aren't paying proper attention to those around them who are ultimately defenseless. We have seen too many accidents involving pedestrians and cyclists to say that everything is hunky dory when it comes to sharing the roads.
There will also have to be a public education push. Not everyone pays close attention to the Chautauqua County Legislature, so for this law to have the effect legislators want it to have the county will have to spend time and money to make sure the public understands the law and its intent. Drivers aren't the only ones who need to be educated, by the way. Drivers shouldn't face a three-foot law violation when cyclists are riding down the middle of the road or in the wrong lane of traffic. The idea of safely sharing the road that drove the three-foot law and the push for Safe Streets for All in Jamestown are sound. But drivers aren't the only ones who share the burden of safe travel.
We can debate whether or not the three-foot law can be enforced. We can't debate the need to do a better job of sharing the road.