Enforcing safe passing rules 'a challenge,' says Maine cycling group

Legislation ensuring vehicles pass cyclists at a safe distance is difficult to enforce but worth implementing, says the assistantdirector of an advocacy group in Maine, where such a law has been in place for nearly a decade.

"I think it's a considerable deterrent," said James Tassof the Bicycle Coalition of Maine.

Violators face not only finesbut also higher insurance rates, he said.

"It becomes the opportunity to raise consciousness about the need to drive in a safe fashion around bicyclists and [pedestrians] and other vulnerable users of the roadway."

Tass'scomments come as the New Brunswick government gives "serious consideration" to calls for a new law requiring motorists to stay a metre away from cyclists when passing them.

• Changes to protect P.E.I. cyclists expected 'in the coming year'
• 'Ellen's law' gets endorsement from Saint John city council

Cyclists in the provincerenewed their lobby efforts last monthfollowing the death of competitive cyclist EllenWatters.

Watters, 28, was injured in a collision with a car during a training ride in Sussex on Dec. 23 and died four days later.

"We're very sad to hear about the tragedy that occasioned the consideration of this new law and we hope one of the great things that come out of it is that the roads will become safer for all people who are not in cars," said Tass.

His group successfully lobbied for legislation adopted in 2007 that requires motorists to leave a distance of at least three feet (about 0.9 metres) while passing cyclists, or face a fine of $137 US.

The legislation was amended in 2015 tostatethat if a motorist hits a cyclist while passing, the collision is considered prima facie evidence of a violation, resulting in a fine of up to $250 US and the possibility of criminal charges.

"The idea behind that was really just to put some teeth into the three-foot law," said Tass.

Enforcement can be "a challenge," he admitted.

"Police officers need to seean unsafe pass in order to act on it and it can be difficult sometimes to really measure what threefeet or a metre look like from a motor vehicle that's moving, and sometimesin the opposite direction."

Videos offer 'actionable evidence'

As a result, a growing number of cyclists have video cameras on their bicycles so they can record their rides and have documented, "actionable evidence" ifsomeone passes them in an unsafe manner, said Tass.

Even if cyclists don't have proof of an unsafe pass,the Bicycle Coalition of Maine encourages them to contact police with any information they have about an incident, such as the make, model and licence plate number of the offending vehicle, so it gets documented.

That way, if the motorist is ever involved in another incident, there's a record on file, said Tass.

Graduated passing law recommended

If New Brunswick proceeds with legislation, Tass recommends the wording be clear that one metre is "the scant minimum" distance required to pass safely.

"You really might want to consider 1.5 metresat the minimum because if you think about it, being passed at say 120 kilometres per hour with only a metre distance between you and the passing vehicle is going to feel mighty uncomfortable," said Tass.

He also likes the graduated passing laws implemented in some states,where the faster a vehicle is travelling, the greater the required passing distance.

New Hampshire, for example, requiresthree feet for travel up 30miles per hour (about 48km/h), with one additional foot (about 0.3 metres) of clearance required for every 10 miles per hour (16 km/h) above that speed.

No update from province

Earlier this week, Saint John city council added its voice to the call for the so-called"Ellen's law,"which supporters say would make roads safer for cyclists acrossNew Brunswick.

Mayor Don Darling said the mayors of Fredericton and Moncton are also pledging support for this legislation.

I can tell you that government is aware of the proposed policy and is giving it serious consideration.- Elaine Bell, Department of Justice and Public Safety

CBC News requested an interview withNew Brunswick Minister of Justice and Public Safety DenisLandry.

Elaine Bell, director of communications for the department, responded with an emailed statement.

"The safety and security of New Brunswickers on our roads and highways is a priority," she wrote.

"I can tell you that government is aware of the proposed policy and is giving it serious consideration. There are no further updates at this time."