HB 230
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 230 (Delegate Wells, et al.)
Environment and Transportation Judicial Proceedings
Vehicle Laws - Overtaking and Passing Bicycles
This bill authorizes the driver of a vehicle to drive on the left side of the roadway in a
no-passing zone to make the minimum adjustment necessary to overtake and pass, at a safe
distance, a bicycle traveling in the same direction while yielding to the right-of-way of the
bicycle and oncoming traffic. Passing and overtaking in this manner must be in accordance
with existing limitations on overtaking or driving on the left. A violation of the bill’s
provisions is a misdemeanor subject to an existing $500 maximum fine.
Fiscal Summary
State Effect: Potential minimal decrease in general fund revenues to the extent that fewer
citations are issued as a result of the exemption created by the bill. Enforcement can be
handled with existing resources.
Local Effect: Enforcement can be handled with existing resources. Revenues are not
affected.
Small Business Effect: None.
Analysis
Current Law:
No-passing Zones
The State Highway Administration may (1) determine those parts of any highway within
its jurisdiction where overtaking and passing or driving on the left of the roadway is
especially dangerous and (2) indicate the beginning and end of these zones with appropriate
signs or markings on the roadway. Where the signs or markings are in place and clearly
visible to an ordinarily observant individual, every driver of a vehicle must obey their
directions. Within a properly marked no-passing zone, a driver may not drive on the
left side of the roadway or on the left side of any pavement striping designed to mark the
no-passing zone. However, a driver may drive across the left side of the roadway in a
no-passing zone while making a left turn if it is safe to do so.
A violation of the no-passing rule is a misdemeanor subject to a maximum fine of
$500. The prepayment penalty established by the District Court for a violation is $90, and
the Motor Vehicle Administration (MVA) must assess one point against the driver’s license
upon conviction. If the violation contributes to an accident, the prepayment penalty is
$130, and MVA must assess three points against the license.
Passing and Overtaking Vehicles – Generally
The driver of a vehicle overtaking another vehicle that is traveling in the same direction
generally must pass to the left of the overtaken vehicle at a safe distance and may not drive
any part of his or her vehicle directly in front of the overtaken vehicle until safely clear of
the overtaken vehicle. Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle (1) must give way to the right in favor of the overtaking
vehicle on audible signal and (2) may not increase the speed of his or her vehicle until
completely passed by the overtaking vehicle.
Overtaking or Driving to the Left – Limitations
The driver of a vehicle may not drive to the left of the center of the roadway in overtaking
and passing another vehicle going in the same direction unless (1) authorized by law and
(2) the left side of the roadway is clearly visible and free of approaching traffic for a
sufficient distance ahead to permit the completion of the overtaking and passing without
interfering with the operation of any other vehicle approaching from the opposite direction
or any other vehicle overtaken. The overtaking vehicle must return to an authorized lane
of travel as soon as practicable and, if the passing movement uses a lane authorized for
vehicles approaching from the opposite direction, before coming within 200 feet of any
approaching vehicle.
Except on a one-way road, a driver may not drive on the left side of any roadway if (1) the
vehicle is approaching the crest of a grade or hill or on a curve in the highway where the
driver’s view is obstructed for such a distance as to be dangerous if another vehicle
approaches from the opposite direction; (2) the vehicle is crossing or approaching within
100 feet of any intersection or railroad grade crossing; or (3) the driver’s view is obstructed
while approaching within 100 feet of any bridge, viaduct, or tunnel.
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A violation of these provisions is a misdemeanor subject to a maximum fine of $500. The
prepayment penalty is $90, and MVA must assess one point against the driver’s license on
conviction. If the violation contributes to an accident, the prepayment penalty is $130, and
MVA must assess three points against the license.
Overtaking a Bicycle, EPAMD, or Motor Scooter
Exercising Due Care: The driver of a vehicle must exercise due care to avoid colliding
with any bicycle, electric personal assistive mobility device (EPAMD), or motor scooter
being ridden by a person. A violation is a misdemeanor subject to a maximum fine of
$500. The prepayment penalty for this violation is $290.
Minimum Passing Distance: When overtaking a bicycle, an EPAMD, or a motor scooter,
a driver must safely pass the bicycle, EPAMD, or motor scooter at a distance of at least
three feet unless, at the time, (1) the bicycle, EPAMD, or motor scooter rider fails to ride
to the right side of the roadway or in a bicycle lane that is paved to a smooth surface, as
required by the Maryland Vehicle Law; (2) a passing clearance of less than three feet is
caused solely by the rider’s failure to maintain a steady course; or (3) the highway is not
wide enough for the vehicle to lawfully pass at a minimum distance of three feet.
A violation is a misdemeanor subject to a maximum fine of $500. The prepayment penalty
is $80, and MVA must assess one point against the driver’s license. For a violation that
contributes to an accident, the prepayment penalty is $120.
Definitions
“Vehicle” means any device (except an EPAMD) in, on, or by which an individual or
property may be transported or towed on a highway, including a low-speed vehicle and an
off-highway recreational vehicle.
“Bicycle” means a vehicle that (1) is designed to be operated by human power; (2) has two
or three wheels, one of which is more than 14 inches in diameter; and (3) has a
drive mechanism other than by pedals directly attached to a drive wheel. “Bicycle” also
includes an electric bicycle, a moped, or an electric low-speed scooter.
Background: According to data provided by the District Court, in fiscal 2019, there were
a total of 908 citations issued statewide for unlawful driving on the left side of the roadway
or to the left of pavement striping in a posted no-passing zone. Of these, 314 were prepaid,
65 went to trial, and 529 remain open.
HB 230/ Page 3
In addition, in fiscal 2019, there were 10 citations issued statewide for failure to exercise
due care to avoid colliding with a bicycle, EPAMD, or motor scooter, and there were
four citations issued for failure to pass at a minimum three-foot distance.
According to preliminary data presented in the Maryland Department of Transportation’s
2020 Annual Attainment Report, 6 bicycle fatalities and 59 serious bicycle injuries occurred
on Maryland roads in 2018.
Additional Information
Prior Introductions: SB 354 of 2019, a similar bill, received an unfavorable report from
the Senate Judicial Proceedings Committee. Its cross file, HB 398, passed the House as
amended but received an unfavorable report from the Senate Judicial Proceedings
Committee. SB 268 of 2018, a similar bill, received a favorable with amendments report
from the Senate Judicial Proceeding Committee but was recommitted to the committee. Its
cross file, HB 222, received a hearing in the Environment and Transportation Committee
and was later withdrawn.
Designated Cross File: SB 199 (Senator Lee) - Judicial Proceedings.
Information Source(s): Judiciary (Administrative Office of the Courts); Department of
State Police; Maryland Department of Transportation; Department of Legislative Services
Fiscal Note History: First Reader - February 2, 2020
rh/aad Third Reader - March 13, 2020
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 230/ Page 4


Statutes affected:
Text - First - Vehicle Laws - Overtaking and Passing Bicycles: 21-305 Transportation, 21-307 Transportation
Text - Third - Vehicle Laws - Overtaking and Passing Bicycles: 21-305 Transportation, 21-307 Transportation