article by Beata Schusta
For cyclists, being overtaken too close for comfort by a motorist is unfortunately a common, if not daily, occurrence. Apart from being a scary experience for the cyclist that contributes to people thinking twice before hopping on their bikes, this behavior also poses a grave risk of accidents that get significantly more severe as speeds get higher.
Some countries have tried to counteract this frequent phenomenon by passing safe lateral passing distance laws. These provisions can usually be found in highway codes.
The concrete approach varies from country to country. For example, Ireland punishes the endangerment of cyclists (suggesting that ths endangerment means 1m under 50km/h and 1.5m over). Some highway codes require different distances based on whether the maneuver takes place in a town or not, acknowledging the greater danger for cyclists at higher speeds. Belgium prescribes only 1 m in towns and 1.5 m outside of them, while Germany requires a more generous 1.5 m in towns, and 2 m outside. The most commonly used distance in national highway codes is 1.5 m.
The consequences for breaking the law also vary from country to country and case by case. In Germany, drivers are commonly fined only €30, €80 if endangering vulnerable groups. Careless drivers in the UK are usually fined about £100 (about €115) – but in exceptional cases, they may be fined up to £5,000 pounds (about €5,850). In countries that employ a points system for driving infractions, such as Germany and the UK, drivers are often also threatened with a varying amount of points in the register.
Even if there is no doubt as to whether the letter of the law seeks to protect cyclists, uncertainties and deficits in enforcement remain. Some police forces have employed creative solutions, like riding a bicycle themselves and stopping drivers that fail to respect the safe minimum distance. But more often than not, welcome and necessary changes to the law have little effect because local police do not make the enforcement of cyclist safety a priority. Following a change in policy, activist groups in Austria have taken matters into their own hands and started measuring lateral distances themselves. The results are discouraging, but they confirm what many cyclists already know from experience: Two-thirds of drivers do not keep the legally mandated distance when overtaking.
At EU level, the Cross Border Enforcement Directive is currently being reviewed. This directive enables the exchange of information between Member States regarding traffic offenses committed with vehicles registered in another Member State. Put simply, it means that offenses “follow the offender home”, and they receive their fine or points incurred in another member state at home. Currently, the directive covers offenses like speeding and drunk driving, but the European Commission wants to include “dangerous overtaking” in the future. This should of course also include dangerous overtaking of cyclists.
In many countries in Europe and worldwide, there are no minimum overtaking laws at all and the legislative situation still leaves much to be desired for the adequate protection of cyclists.
Legislation must then also be accompanied by corresponding enforcement action that drives home the point that failure to comply is not a trivial offense, but a matter of life or death for the cyclist. One interesting tool could be allowing users to upload video evidence, as a way to report and prosecute cases of dangerous overtaking.
Of course, ideally, drivers should be educated on the importance of safely passing cyclists before they even get their license – here there is also a European dimension. The Driving License Directive is being updated at the moment, as well. Also, overtaking cyclists should be a particular skill learned if taking a driving test, which the European Cyclists’ Federation is pushing for in new legislation.
This article was originally written by Beata Schusta, Policy Intern with the European Cyclists’ Federation, and reposted with its permission.
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