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This particular article focuses on the drivers, not the cyclists (who also have duties and responsibilities for riding safely on the road).
Bikes are vehicles and entitled to ride on most public roads just like cars, ORC § 4501.01(A)(K) The following speaks to what drivers should know and do around cyclists for responsible driving.
Avoid distraction: be aware!
The best tool for avoiding a crash with a cyclist or a pedestrian or a car or a fixed object is awareness of your surroundings. Keep your eyes on the road, look for what is up ahead, consider and look for bikes and pedestrians, adjust for sun glare and don’t get distracted!
Distracted driving occurs if you are late or in a hurry, you dropped something on the floor, you are taking an important phone call while driving, you are worried big time about something else, you use text-based communication for that reservation, you are searching for better music, you are lost or unsure where you are going, etc. Not only are these excuses likely violations of Ohio law that defines driving distracted an anything unnecessary to actual driving, ORC § 4511.991 they are dangerous and could be deadly in a distracted driving crash.
Being in the present moment and staying focused prevent distracted driving—awareness of your surroundings is KEY! Remember, you are driving a 2000-pound machine with numerous safety devices while a cyclist and a pedestrian have almost no protection. Who stands to lose the most? Obviously, the cyclist and pedestrian but it will also cost the driver in terms of civil and/or criminal and moral responsibility.
What are Ohio Laws for Motorists Sharing the Road with Cyclists?
Ohio’s minimum safe passing distance
In 2017 Ohio’s Three Feet Safe Passing law, ORC § 4511.27(A)(1) went into effect. When passing cyclists, drivers are required to be at least three feet away. In Cleveland this distance becomes a minimum of six feet, for a commercial motor vehicle/truck/unit/bus passing cyclists, Cleveland Ordinance § 431.03(b) Why? Because a cyclist needs room to move over to avoid road hazards, by the way, and you as a driver need the extra clearance. The faster you are driving, the more room you should give cyclists in traffic!
Crossing over a double yellow line to pass cyclists
A driver is legally allowed to safely cross a double yellow line to pass slower bikes, ORC § 4511.31(A)(B)(1)(2)(3) subject to these precautions:
- The cyclist is traveling at less than half the posted speed limit
- The motorists shall not exceed the speed limit while making the pass, and
- There is sufficient clear sight distance for the driver to make the pass safely
- Three Feet Safe Passing Distance and Legal Passing on a Double Yellow
Types of Bike Crashes We See in Our Bike Law Practice, and How Drivers Can Avoid Causing Them!
A right hook #1 occurs when a driver, failing to look behind them, turns right into an oncoming cyclist. The driver may think the cyclist is much farther back than where they last saw the cyclist, vs. where the cyclist actually is on the road.
Drivers should take care when passing cyclists and be sure not to turn right in front of them, either. This is called a right hook #2 and happens when a driver fails to gauge a cyclist’s speed and abruptly cuts a cyclist off, usually resulting in serious injury to the vulnerable cyclist and just a minor scratch on the driver’s car. With e-bikes on the road, what looks like a slow cyclist can really end up surprising a driver regarding the speed the e-bike can move—a class 3 e-bike can go 28 mph or even higher.
Left turns can also be problematic because a driver may not look for oncoming cyclists, or the cyclist is hidden behind a row of vehicles and, if the driver is not paying attention, comes into view when it’s too late.
Rear-enders are devastating to cyclists hit by a two-thousand-pound vehicle and often result in very serious injury. Drivers should pay attention to all the road in front of them, especially off to the right where cyclists normally ride. Even if a cyclist is riding on the berm, the cyclist could easily move back onto the road and into the path of the driver who is not watching or not aware that this could happen.
Distracted Driving and the Law
Driving while distracted is dangerous enough to be known as “the new drunk driving”!
Distracted driving includes non-hands-free texting and, as mentioned earlier, any activity not necessary to operating a vehicle, ORC § 4511.991 Ohio is moving toward making distracted driving a primary offense, i.e., allowing a police officer to cite a motorist who is distracted yet not committing any other traffic offense. Some cities, including Lakewood, have already written this into law, Lakewood Ordinance § 331.345
The most current legislation is Ohio House Bill 283 introduced in 2021. The stronger of the two distracted driving bills before our Ohio General Assembly, hopes are high that it will be enacted later this year and we will at long last see a distracted driving law cover a primary traffic offense.
What are Safety Benefits of Defensive Driving?
All types of drivers can benefit from driving defensively! One drives defensively by continually identifying what’s going on around your vehicle, including what other drivers, pedestrians and cyclists are doing, what’s going on up ahead, even areas where street repair might be needed so you can skirt around these hazards.
New habits should be developed behind the wheel. As a defensive driver you continually adjust to maximize visibility and space, giving you extra time to react, and often, to avoid a crash. Adding safe driving practices includes three key defensive driving habits:
- Looking Ahead: “Look up” higher than you normally do, while driving to the point down the road where your vehicle will be eight to twelve seconds in the future, to identify the most hazards
- Keeping Head & Eyes Moving: Turn your sense of sight into “radar” continuously moving left and right as you proceed down the road, “scanning” for anything that could pose the risk of a crash and giving you plenty of time to react; especially important in urban environments, parking lots, places where pedestrians and/or cyclists might be
- No Tailgating–Maintain Safe Following Distance: Ohio is in the top 10 in the U.S. for tailgating violations!
How Can a Motorist Avoid “Dooring” a Cyclist?
Dooring happens when a driver opens the door of their parked motor vehicle right into an oncoming cyclist, without looking to make sure the coast is clear of bike traffic.
Ohio law states that “No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic”, ORC § 4511.70(C) and as we know, bikes are traffic.
Dooring Hazard
A technique known as the Dutch Reach can make all the difference in protecting passing cyclists from injury, and yourself from a lawsuit.
We tend to open our driver’s side doors with our left hand but opening them with our right hand is so much safer. It causes the body to pivot, providing an automatic view of the blind spot and who/what might be coming along the road from behind. Give it a try, then make it a habit!
Beware the sun glare!
Early fall is especially dangerous for cyclists because drivers can be blinded by the setting sun. Drivers should be aware of sun glare and wear eye protection (polarized sunglasses) to increase visibility. A driver should never drive blind, even for a few seconds. Pull over and get your eyes adjusted so you can see what’s ahead.
Ken Knabe, Greater Cleveland’s Bike Attorney: Serves and protects injured cyclists from the ground, up! 14222 Madison Avenue, Lakewood, OH 44107 * 216-228-7200
Section 4501.01 | Motor vehicles definitions:
(A) “Vehicles” means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, low-speed micromobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.
(K) “Bicycle” means every device, other than a device that is designed solely for use as a play vehicle by a child, that is propelled solely by human power upon which a person may ride, and that has two or more wheels, any of which is more than fourteen inches in diameter.
Section 4511.991 | “Distracted” defined:
(A) As used in this section and each section referenced in division (B) of this section, all of the following apply:
(1) “Distracted” means doing either of the following while operating a vehicle:
(a) Using an electronic wireless communications device, as defined in section 4511.204 of the Revised Code, in violation of that section;
(b) Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
(2) “Distracted” does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of section 4511.84 of the Revised Code.
(3) “Distracted” does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals.
Section 4511.27 | Overtaking and passing of vehicles proceeding in the same direction:
(A) The following rules govern the overtaking and passing of vehicles or trackless trolleys proceeding in the same direction:
(1) The operator of a vehicle or trackless trolley overtaking another vehicle or trackless trolley proceeding in the same direction shall, except as provided in division (A)(3) of this section, signal to the vehicle or trackless trolley to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle or trackless trolley. When a motor vehicle or trackless trolley overtakes and passes a bicycle or electric bicycle, three feet or greater is considered a safe passing distance.
§ 431.03 Overtaking and Passing of Vehicles Proceeding in the Same Direction (a) The following rules govern the overtaking and passing of vehicles or trackless trolleys proceeding in the same direction: (1) The operator of a vehicle or trackless trolley overtaking another vehicle proceeding in the same direction shall, except as provided in division (a)(3) of this section, signal to the vehicle or trackless trolley to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle or trackless trolley. When a motor vehicle or trackless trolley overtakes and passes a bicycle or mobility device, three (3) feet or greater is considered a safe passing distance. (2) Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle at the latter’s audible signal, and the operator shall not increase the speed of the operator’s vehicle until completely passed by the overtaking vehicle. (3) The operator of a vehicle or trackless trolley overtaking and passing another vehicle or trackless trolley proceeding in the same direction on a divided highway as defined in Section 431.31, a limited access highway as defined in RC 5511.02 or a highway with four (4) or more traffic lanes, is not required to signal audibly to the vehicle being overtaken and passed. (b) The operator of a motor vehicle overtaking a bicycle or mobility device proceeding in the same direction on a roadway shall leave a safe distance, but not less than three (3) feet, when passing the bicycle or mobility device and shall maintain that distance, and shall not increase the speed of his or her vehicle, until safely past the overtaken bicycle or mobility device. The same requirements shall apply to the operator of a commercial motor vehicle, commercial truck, commercial unit, or bus, except that the safe distance shall not be less than six (6) feet. However, in the case of a bus operated by a transit authority that has implemented a training program that promotes safe bus operation while overtaking a bicycle or mobility device, that safe distance shall be not less than three (3) feet. (c) The operator of a motor vehicle overtaking a bicycle or mobility device proceeding in the same direction on a roadway shall vacate the lane in which the bicycle user is located if the roadway has two (2) or more marked lanes running in the same direction.Section 4511.31 | Establishing hazardous zones:
(A) The department of transportation may determine those portions of any state highway where overtaking and passing other traffic or driving to the left of the center or center line of the roadway would be especially hazardous and may, by appropriate signs or markings on the highway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible, every operator of a vehicle or trackless trolley shall obey the directions of the signs or markings, notwithstanding the distances set out in section 4511.30 of the Revised Code.
(B) Division (A) of this section does not apply when all of the following apply:
(1) The slower vehicle is proceeding at less than half the speed of the speed limit applicable to that location.
(2) The faster vehicle is capable of overtaking and passing the slower vehicle without exceeding the speed limit.
(3) There is sufficient clear sight distance to the left of the center or center line of the roadway to meet the overtaking and passing provisions of section 4511.29 of the Revised Code, considering the speed of the slower vehicle.
331.345 USING COMMUNICATIONS DEVICE WHILE DRIVING. (a) No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication, or to dial, talk, answer or listen for the purposes of making an audible communication. (b) Subsection (a) of this section does not apply to any of the following: (1) A person using an electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity; (2) A person driving a public safety vehicle who uses an electronic wireless communications device in that manner in the course of the person’s duties; (3) A person using an electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel; (4) A person using an electronic wireless communications device for the purpose of making or receiving a telephone call or for the purpose of navigation if the call or navigation is made or received using the device’s one-touch capability and the device is not handheld; (5) A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic or weather alerts; or data used primarily by the motor vehicle; (6) A person receiving wireless messages via radio waves; (7) A person using a device for the purpose of accepting or transmitting acceptance of a fare if the device is not handheld; (8) A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device; (9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data, if the terminal is not handheld; (10) A person using an electronic wireless communications device in conjunction with a voice-operated or and hands-free device feature or function of the vehicle. (c) No holder of a temporary instruction permit who has not attained the age of eighteen years and no holder of a probationary driver’s license shall drive a motor vehicle on any street, highway or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device. (d) Subsection (c) of this section does not apply to any of the following: (1) A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital, or health care provider, fire department, or other similar emergency agency or entity; (2) A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel; (3) A person using a navigation device in a voice-operated or and hands-free manner who does not manipulate the device while driving. (e) Whoever violates subsection (a) of this section on a first offense is guilty of a minor misdemeanor. Whoever violates subsection (c) of this section shall be adjudicated in accordance with juvenile court law and procedure. (f) (Reserved.) (g) As used in this section: (1) “Electronic wireless communication device” includes a wireless telephone; a text-messaging device; a personal digital assistant; a computer, including a laptop computer and a computer tablet; and any other substantially similar wireless device that is designed or used to communicate text or via voice, image or written word. (2) “Voice-operated or and hands-free device” means a device that allows the user to vocally compose or send, or to listen to a text-based communication or to dial, talk, answer or listen for the purposes of making an audible communication, without the use of either hand. (3) “Write, send or read a text-based communication” means to manually write or send, or read a text-based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail. (4) “Handheld” means within a person’s hand at the time of use.Section 4511.70 | Obstructing view and control of driver – opening door into moving traffic:
(C) No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
