Sharing the Road Safely: New Washington Traffic Laws for Drivers and Cyclists

New Traffic Laws Take Effect January 1, 2020

PLEASE NOTE: This article is not intended to provide legal advice, and is no substitute for speaking with a licensed attorney.  If you have been seriously injured in an accident and have questions, please contact an attorney.  You can reach our office—the Law Office of Benjamin A. Pepper, PLLC—at (360) 733-3966 or via our website at https://bpepperlaw.com.

A growing number of bicyclists are using local and state roadways every day to get to and from work or school and for recreation and health.  Cities and counties are responding to the increased bicycle traffic by creating dedicated bike lanes or trails and including bicycles in their transportation infrastructure plans. 

Two current Washington statutes (referred to as “RCWs” for “Revised Code of Washington”) specify the key rights and responsibilities of cyclists on public roadways:

RCW  46.61.755  Traffic laws apply to persons riding bicycles.

(1) Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in RCW 46.61.750 through 46.61.780 and except as to those provisions of this chapter which by their nature can have no application.

(2) Every person riding a bicycle upon a sidewalk or crosswalk must be granted all of the rights and is subject to all of the duties applicable to a pedestrian by this chapter.

RCW 46.61.750  Effect of regulations—Penalty.

(1) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 through 46.61.780.

(2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein.

These laws mean that cyclists have a right to use public roadways, with a few exceptions, and in turn have most of the same responsibilities as drivers of motor vehicles.

Other laws address specific issues such as bicycle lighting, helmets, signaling etc.  More details about these and other Rules of the Road can be found on the Washington State Legislature website.

It is a reality that riding a bicycle on roadways also used by cars, pick-up trucks, and farm and commercial vehicles can be dangerous.  A cyclist has little protection if struck by a vehicle and is at risk even in a close encounter with a motor vehicle that does not actually result in a collision.  In 2018 in the United States, there were an estimated 857 cycling deaths and approximately 50,000 cycling accidents resulting in injuries to cyclists, most involving bicycles and vehicles.  Cyclists can do a number of things to avoid accidents with vehicles and, for that matter, accidents caused by other factors such as road and weather conditions, visibility, equipment failure, and alertness.  These safety measures include good equipment maintenance, proper lighting, and choosing safe routes to a destination.  Nonetheless, bicyclists—like pedestrians and other vulnerable roadway users—stand little chance in crashes with cars or trucks. 

New Washington Traffic Law

Effective January 1, 2020, new Washington laws will take effect that provide additional protection for cyclists and other vulnerable roadway users.  Governor Inslee signed SB 5723 on May 13, 2019.  It includes new laws as well as revisions to existing laws specifying how drivers must pass bicyclists, pedestrians, and other non-vehicular road users—and it increases fines for failing to obey such laws.  Section 1 of SB 5723 articulates its objective to improve safety for vulnerable roadway users such as bicyclists:

SB 5723: Increasing safety on roadways for pedestrians, bicyclists, and other roadway users.

AN ACT Relating to increasing safety on roadways for pedestrians, bicyclists, and other roadway users; amending RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, 46.61.205, 46.61.250, and 46.61.770; reenacting and amending RCW 43.84.092; creating a new section; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that a number of the collision types that have resulted in a high number of serious injuries and deaths of vulnerable roadway users can be associated with certain types of traffic infractions. To address the heightened risk to vulnerable roadway users when violations of these traffic infractions occur, the legislature intends to: (1) Introduce an additional fine as a penalty for drivers who commit these violations against a vulnerable roadway user; (2) modify when vulnerable roadway users may be passed by motor vehicles; and (3) clarify when and how pedestrians and bicyclists may use the roadway. To increase enforcement of all traffic infractions and offenses committed against vulnerable roadway users, the legislature intends for revenue that is collected from the new fine to be dedicated to the education of law enforcement officers, prosecutors, and judges about opportunities for the enforcement of traffic violations committed against vulnerable roadway users, with any remaining funds to be used to increase awareness by the public of the risks and penalties associated with these traffic violations. The goals of this act are to achieve a reduction in the frequency with which drivers violate traffic laws that endanger vulnerable roadway users and to encourage safe sharing of the roadway by drivers, bicyclists, pedestrians, and other vulnerable roadway users.

The following is not a complete presentation of all provisions of SB 5273 but rather focuses on the laws governing motor vehicles overtaking and passing bicycles, pedestrians, and other vehicles (Sec. 2) and laws for riding bicycles on roadways and bicycle paths (Sec. 9).  The remaining sections can be read here:  SB 5273.

Current laws do not provide specific requirements for drivers on how to pass cyclists or pedestrians, beyond the general requirement to do so in a safe manner to “clearly avoid coming into contact with the pedestrian or bicyclist.”  SB 5273, however, requires drivers to move into an adjacent lane on roads with two or more lanes in one direction, when practical, while passing a vulnerable user such as a cyclist.  On one-lane roads, drivers must give at least 3 feet of space to cyclists and other vulnerable road users.  Finally, on one-lane roads without 3 feet of space, drivers must pull into the oncoming lane to pass a vulnerable user, if that other lane is clear.

Section 2 of SB 5273 with deletions (crossed out) and additions (underlined) to current law specifies the rules for motor vehicles overtaking and passing bicycles and other vehicles:

Sec. 2. RCW 46.61.110 and 2005 c 396 s 1 are each amended to read as follows:

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction((, subject to those limitations, exceptions and special rules hereinafter stated)):

(1) The driver of a vehicle overtaking other traffic proceeding in the same direction shall pass to the left ((thereof))of it at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken traffic.

(2)(a) The driver of a vehicle approaching an individual who is traveling as a pedestrian or on a bicycle ((that)), riding an animal, or using a farm tractor or implement of husbandry without an enclosed shell, and who is ((on))traveling in the right lane of a roadway or on the right-hand shoulder or bicycle lane of the roadway, shall ((pass to the left at a safe distance to clearly avoid coming into contact with the pedestrian or bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken pedestrian or bicyclist)):

(i) On a roadway with two lanes or more for traffic moving in the direction of travel, before passing and until safely clear of the individual, move completely into a lane to the left of the right lane when it is safe to do so;

(c) The additional fine imposed under (b) of this subsection must be deposited into the vulnerable roadway user education account created in RCW 46.61.145.

(3) Except when overtaking and passing on the right is permitted, overtaken traffic shall give way to the right in favor of an overtaking vehicle on audible signal and shall not increase speed until completely passed by the overtaking vehicle.

Section 9 of SB 5723 with deletions (crossed out) and additions (underlined) to current law specifies rights and responsibilities of cyclists riding on public roadways:

Sec. 9. RCW 46.61.770 and 1982 c 55 s 7 are each amended to read as follows:

(1) Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except ((as may be appropriate)):

(a) While preparing to make or while making turning movements ((, or)) at an intersection or into a private road or driveway;

(b) When approaching an intersection where right turns are permitted and there is a dedicated right turn lane, in which case a person may operate a bicycle in this lane even if the operator does not intend to turn right;

(c) While overtaking and passing another bicycle or vehicle proceeding in the same direction; and

(d) When reasonably necessary to avoid unsafe conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicyclists, pedestrians, animals, and surface hazards.

(2) A person operating a bicycle upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe.

(3) A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane ((if such exists)).

(((2)))(4) When the operator of a bicycle is using the travel lane of a roadway with only one lane for traffic moving in the direction of travel and it is wide enough for a bicyclist and a vehicle to travel safely side-by-side within it, the bicycle operator shall operate far enough to the right to facilitate the movement of an overtaking vehicle unless other conditions make it unsafe to do so or unless the bicyclist is preparing to make a turning movement or while making a turning movement.

(5) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

Only time will tell whether these changes to the law achieve their purpose and reduce accidents, serious injuries, and deaths involving motor vehicles and bicycles.  Both drivers and cyclists should be aware of the changes, although one overarching principle is still most important:  Cyclists generally have the same rights as drivers, and in turn have the same responsibilities to obey traffic laws.  If both drivers and cyclists understand this principle and act accordingly, the roads will likely be safer for everyone.