This Blog Article follows my February 15, 2021 Article on Three Foot Law Protections for Cyclist in Ohio and Kentucky. The February 15, 2021 Article discussed Ohio’s Three Foot Law. This Article discusses Kentucky’s Three Foot Law.
KRS 189.340 (2) states:
(a) Vehicles overtaking a bicycle or electric low-speed scooter proceeding in the same direction shall:
- If there is more than one (1) lane for traffic proceeding in the same direction, move the vehicle to the immediate left, if the lane is available and moving in the lane is reasonably safe; or
- If there is only one (1) lane for traffic proceeding in the same direction, pass to the left of the bicycle or electric low-speed scooter at a distance of not less than three (3) feet between any portion of the vehicle and the bicycle or electric low-speed scooter and maintain that distance until safely past the overtaken bicycle or electric low-speed scooter. If space on the roadway is not available to have a minimum distance of three (3) feet between the vehicle and the bicycle or electric low-speed scooter, then the driver of the passing vehicle shall use reasonable caution in passing the bicyclist or electric low-speed scooter operator.
(b) The driver of a motor vehicle may drive to the left of the center of a roadway, including when a no-passing zone is marked in accordance with subsection (6) of this section, to pass a person operating a bicycle or electric low-speed scooter only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle or electric low-speed scooter safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of the roadway when otherwise prohibited under state law.
Unlike Ohio’s Revised Code 4511.27, Kentucky’s Three Foot Law includes a very clear prohibition on overtaking or passing a cyclist: “Vehicles overtaking a bicycle . . . proceeding in the same direction shall: . . . If there is only one lane for traffic proceeding in the same direction, pass to the left of the bicycle . . . at a distance of not less than three feet between any portion of the vehicle and the bicycle or electric low-speed scooter and maintain that distance until safely past the overtaken bicycle or electric low-speed scooter.”
Simple and straightforward, right? Yep. Whether in traffic court or a civil suit arising from an injured or killed cyclist, the minimum standard is three feet, period. End of story. A motorist is prohibited from passing a cyclist any closer than three feet.
In this era of GoPros and Cycliq’s Fly12 (front-facing light and camera) and Fly6 (rear-facing light and camera) many crashes and close calls are caught on film. These devices allow cyclists to document without question the manner in which the illegal pass took place, and unfortunately, how the vehicle-bicycle crashes occurred.
Cycliq’s website catalogs what remains a scourge on roads worldwide. This Cycliq Video entitled CLOSE PASS-APALOOZA will send shivers down your spine:
Perhaps it is my skeptical view of the world or my bias born of decades of experience in Kentucky and Ohio Courtrooms, but it is my view that litigants are not always as accurate as they could be (I am being charitable) or just plain misrepresent (you know where I am going) the moments leading up to a crash. A GoPro camera or Cycliq camera can often take all the speculation out of these events for a judge or jury. Simply stated, they are worth the extra money. Unfortunately, these cameras do not prevent crashes, but they can document them creating invaluable real-time evidence.
Unlike Ohio, Kentucky does not have an AFRAP statute like Ohio’s Revised Code 4511.55 specifically addressing cyclists.
So, the question of where the cyclist is riding is of paramount importance. A strict reading of KRS 189.340(2)(a) would require a three-foot buffer under all conditions when passing or overtaking a cyclist. Although untested, there is an argument that if the cyclist did not have a right to be on the roadway in the first instance, then KRS 189.340(2)(a) might not apply. If there is a crash with injuries or death as a cyclist is overtaken and struck by a motorist, the motorist may argue contributory negligence on the part of the cyclist for riding in an area where he or she did not have a legally protected right to ride.
For example, a cyclist is prohibited from riding in a roadway where there is a “designated bike lane” in Kentucky. This is a strict prohibition. 601 KAR 14:020 Section 7 states as follows:
Section 7. Operation of Bicycles. (1) A bicycle shall be operated in the same manner as a motor vehicle, except that the traffic conditions established in paragraphs (a) and (b) of this subsection shall apply.
(a) A bicycle may be operated on the shoulder of a highway unless prohibited by law or ordinance.
(b) If a highway lane is marked for the exclusive use of bicycles, the operator of a bicycle shall use the lane unless:
- Travelling at the legal speed;
- Preparing for or executing a left turn;
- Passing a slower moving vehicle;
- Avoiding a hazard;
- Avoiding the door zone of a parked vehicle; or
- Approaching a driveway or intersection where vehicles are permitted to turn right from a lane to the left of the bicycle lane.
Simply stated, unless one of the six exceptions in Section 7(b) apply; if there is a highway lane “marked for the exclusive use of bicycles, the operator of a bicycle shall use [that] lane[.]” 601 KAR 14:020 Section 7 makes the use of bike lanes on a highway mandatory.
Similarly, a cyclist is prohibited from riding within the right-of-way of a “fully controlled access highway.” 603 KAR 5:025 Section 4 states:
Section 4. Limitations. The following shall be prohibited within the right-of-way of a fully controlled access highway:
(1) Bicycles or motor scooters[.]
However, a cyclist is specifically permitted to ride within a shoulder of a highway. 601 KAR 14:020 sets forth permissive “may” language in Section 7(1)(a) with regard to the use of a highway’s shoulder:
(1) A bicycle shall be operated in the same manner as a motor vehicle, except that the traffic conditions established in paragraphs (a) and (b) of this subsection shall apply.
(a) A bicycle may be operated on the shoulder of a highway unless prohibited by law or ordinance.
I would contend that so long as the foregoing prohibitions (use of available “designated bike lane” and nonuse of right-of-way of a “fully controlled access highway”) are not at issue and the cyclist, at worst, is in the shoulder of a highway/roadway, Kentucky’s protective three foot buffer would apply.
Cycling accidents that occur as a result of a motorist passing or overtaking a cyclist are fraught with peril. If you are the victim of such an accident, do not hesitate to reach out to Chris at Carville Legal Counsel, LLC. We offer FREE consultations. Chris can be reached at [email protected] or 513 600 8432.