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HB 1030 & 1032 Promote Safety for Cyclists and Pedestrians

The Department of Transportation is proposing a couple bills to make South Dakota's roads safer for non-motorized travelers.

For cyclists, SD-DOT offers House Bill 1030. HB 1030 seeks to codify the three-foot separation that cars and trucks should give to bicycles. That three feet is measured from your mirrors and the 2x4 sticking out the side of your trailer, not just your wheels. DOn't give that wide berth, and HB 1030 will give you a Class 2 misdemeanor.

HB 1030 also inserts a provision for stupid bicyclists:

No driver of a bicycle may overtake another vehicle on the right if the overtaken vehicle is signaling to make a right turn.

If you need the law to tell you that maneuver is a bad idea... well, I'll just let Darwinian selection handle that problem.

For folks on foot, SD-DOT recommends House Bill 1032, which clarifies crosswalk rules. Right now, SDCL 32-27-1 says drivers "within a business or residence district shall yield the right-of-way to a pedestrian crossing the highway within any clearly marked crosswalk or any regular pedestrian crossing...." HB 1032 gets rid of the qualifier "within a business or residence district," making clear that drivers must yield to pedestrians at crossings on any road. HB 1030 strikes "yield the right-of-way to" and inserts "bring the vehicle to a complete stop for." Under HB 1032, you can't keep creeping up on those walkers; you need to stand on those brakes. HB 1032 extends the reach of the law by adding "entering or" between "highway" and "within." I'll be curious to see the exact definition and geometry of "entering," but I'd say that if I'm driving and I see a pedestrian on the sidewalk with feet in motion breaking the plane of the curb, HB 1032 says I must stop.

Finally, HB 1032 nicely clarifies that if you're driving toward a crosswalk, and a vehicle in front of you has stopped to let a pedestrian cross, you also need to stop. I guess we need to spell things out for some people.

7 Comments

  1. JeniW 2015.01.11

    I sometimes use a power wheelchair to go to the grocery store that is across the street from where I live. I cross at a corner. There is a sign to indicate people use that corner to cross the street, but no sidewalk markings.

    Several people in my neighborhood walk over to the store because it is so convenient. Most drivers do not stop, or even slow down. I cannot imagine that this bill will change anything.

  2. Tim 2015.01.11

    What does it say about the people of a state that the legislature feels the need to legislate basic manners and common sense?

  3. Megan 2015.01.11

    I've been run off the road while riding my bike. A large truck with two men in it tailgated me for about a mile just outside of Canton while I was riding out to Newton Hills. They finally got bored with torturing me and decided to pass me dangerously close. I took the ditch. Then the driver laid on his horn and they both flipped me off. It shook me up pretty badly.
    I've also witnessed plenty of times when drivers have passed me or my riding buddies too closely because they are either ignorant of the danger that causes or they don't care.
    It is a pity that courtesy needs to be codified into law, but it sure would be nice to feel at least somewhat safer on the road.

  4. Deb Geelsdottir 2015.01.11

    In MN those basic manners and common sense had to be legislated. Unfortunately, pedestrians and bicyclists still get killed while following the law.

    Legislation helps, but an active media campaign helps even more to remind people, especially about the pedestrians. It seems the most dangerous part for pedestrians is 4 lane streets. The car nearest the pedestrian stops, but the other car doesn't. As a driver, I sometimes find it difficult to see the pedestrian at night.

    Regarding bicycles, even dedicated bike lanes don't always work. The push now is for protected bike lanes. That means an actual barrier, rather than only a white line. The first ones in MN will be put in this summer. We'll see how it goes.

  5. caheidelberger Post author | 2015.01.11

    Maybe SD-DOT can hire Lawrence & Schiller to come up with a sexy media campaign to get drivers to give some love to pedestrians and cyclists.

  6. mike from iowa 2015.01.12

    Having lost my youngest bro crossing a street where there were no designated crosswalks,I'm happy to see pedestrians protected anywhere crossing streets,even South Dakota.

  7. leslie 2015.01.13

    jeniW, sorry to hear of your disability.

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