Yup, that's the biggest flaw in the FRAP laws -- lazy motorists who read what they want to read, IF they read it at all.
Indiana has FRAP -- and recently let an amendment die in legislature that would have corrected a lot of loopholes in bike traffic law, and would have added the 3' requirement. Not that it would have mattered, simply because half the drivers here are below MINIMUM intelligence, not just AVERAGE intelligence.