Originally Posted by
merlinextraligh
No it doesn't. Even witout a 3 foot law, the motorist has an obligation to operate the vehicle in a safe manner, and to pass another vehicle only when it is safe to do so. I can think of several traffic laws buzzing a cyclist breaks just on the top of my head; reckless driving, driving too fast for conditions, unsafe passing, etc. Also if you could prove intent, you've gone beyond a mere traffic violation to the crime of assault.
The 3 foot law gives an objective measure for what's too close in passing a cyclist, but it doesn't mean you can buzz cyclists without a 3 foot law in place.
I know you this is correct in the appreciation of the written laws, but I have to tell you all that the reality of this is that nobody, law enforcement most of all, give a crap about any of us getting buzzed or hit or killed for that matter. Once you are hit, it does not matter whose fault is it or what the law is. Your injuries or life will never compare to the ticket (if that much) the a-hole driver could get.
Just for my own amusement, I just got off the phone with the Sherif's department on my county. Let's get passed the strong defensive and ignorant attitude most law enforcement have along with the self entitled "I am always right" disposition. This conversation was the poster child for it!!! I was basically asking how should I pursue drivers that intentionally buzz me while riding appropriately and within the law, those that do it on purpose, and those endangering my life and the life of others. What it boiled down to is that unless they actually hit me, they will do nothing. At best, if I have a documented witness or more and can prove it was intentionally, it is a "he said-she said situation". Those are not pursued at all. The most that could ever come of me getting "buzzed by" a fast approaching vehicle is that if I stop on that spot when it happens, call the non-emergency number, wait for a deputy to come and take a report along with my witness's report, and this happens several times in the same spot it "might" be flagged and prompt them to "park a unit on that same spot" to check things out. If they don't see anything when they do, that is the end of it. It was also noteworthy to see how little he seemed to know about the rights of cyclists as vehicle operators on the road. If he, a "law enforcement agent" doesn't know crap about it, how are we to expect others to know or care?
In other words, not a darn thing will come out of it!!!!!!
So, be defensive, let it go, and if you must, get a gun with a concealed weapon's permit and use it for defense when the law is on your side and you feel threatened enough to defend yourself. Let it be know though that I am personally not a gun carrying advocate/supporter, and if anything, quite the opposite. Once someone is injured gain, it doesn't matter whose fault it was.