Maryland's 3 foot passing law

Baltimore Spokes has a great breakdown of Maryland's 3 foot passing law, and how many of the summaries in the media - including probably the one I gave - are substandard. I've reporduced some of it here, but there is more if you're interested.

lets break down the new bits
(2) When overtaking a bicycle, an EPAMD, or a motor scooter, pass safely at a distance of not less than 3 feet, unless, at the time:

Poor summary: When overtaking a bicyclist, motorists must pass at a distance of three feet, with important exceptions:

Better summary: Motorists must pass safely at a distance of not less than three feet when overtaking a cyclist unless:

Discussion: It's not exactly 3' for passing and passing safely is important too.

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(i) The bicycle, EPAMD, or motor scooter rider fails to operate the vehicle in conformance with § 21-1205(a) of this subtitle ("Riding to right side of roadway") or § 21-1205.1(b) of this subtitle ("Roadway with bike lane or shoulder paved to smooth surface");

Poor summary: If the bicyclist fails to ride to the right,
Poor summary: If the bicyclist is in a Bike Lane, [note that the "fails to operate in conformance with" clause is mistakenly dropped.]

Better summary: If the cyclists is riding in an unlawful manner, [(alternate:) If the cyclist is riding against traffic,]

Discussion: § 21-1205(a) is ride to the right with exceptions that include making a left turn, hazards and a lane too narrow to share, so basically they want to give a lawful cyclist protection and exclude cyclists riding against traffic. § 21-1205.1(b) is the mandatory bike law with exceptions such as hazards and not paved to a smooth surface (frequent complaint of the Roland Ave bike lane.) (full text of these laws at the end of this article.) This was meant to be a continuation of a lawful cyclist but poor summaries has has introduced a problem, do you or do you not give 3' to a cyclist in a bike lane or shoulder? The correct answer is you give '3 feet to any lawfully riding cyclists, period. I will assert that a driver may not be aware of conditions that would make the cyclist ride further left so they still must pass with at least 3' unless they are darn sure no exceptions apply or better yet just tell motorists that 3' passing does not apply to a clear cut case of wrong way riding and let the police sort out the details in other cases.

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(ii) A passing clearance of less than 3 feet is caused solely by the bicycle, EPAMD, or motor scooter rider failing to maintain a steady course; or

Poor summary: If the bicyclist doesn't keep a steady course,

Better summary: Clearance of less than 3 feet is caused solely by the bicyclist,

Discussion: Clearly a motorist should not be held responsible for violating 3' if it is caused by the cyclist but to imply it's fine to pass an erratic cyclist with less then 3' is over the top on what's called for.

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(iii) The highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least 3 feet.

Poor summary: If the roadway is not wide enough for the motorist to pass legally at a distance of three feet.

Better summary: [nothing at all] [alternate: On one lane country roads (not two lanes,) the safe passing rules are different so the three foot rule is not applicable.]

Discussion: All this says is the driver cannot be charged with a 3' violation, it does not say the driver cannot be charged with reckless endangerment or failure to yield or other appropriate violation(s). In short this is NOT permission for a motorist to pass under these circumstances. This section does not say yea or nay about driver behavior only that a 3' violation is not applicable under these circumstances.

Comments

[K.]

How is this law upheld, that is, if I am nearly hit (like I am every single day), by negligent motorists, can I call them in with their license plate number?
Or will it take me to be hit and unconscious to finally nail these jerks?

[washcycle]

Probably the latter, but theoretically a law enforcement officer could ticket a driver for unsafe passing if they saw it happen and decided to enforce that law.