Maryland 2024 2024 Regular Session

Maryland Senate Bill SB315 Introduced / Bill

Filed 01/11/2024

                     
 
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0315*  
  
SENATE BILL 315 
R5   	4lr1960 
    	CF 4lr0829 
By: Senator Kelly 
Introduced and read first time: January 11, 2024 
Assigned to: Judicial Proceedings 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Vehicle Laws – Bike Lanes and Shoulders – Yielding Right–of–Way 2 
(Sarah Debbink Langenkamp Memorial Act) 3 
 
FOR the purpose of prohibiting a person from committing a violation that contributes to a 4 
crash of a certain provision of law governing the right–of–way of a bicycle, a motor 5 
scooter, or an electronic personal assistive mobility device lawfully in a designated 6 
bike lane or shoulder; and generally relating to yielding the right–of–way in a bike 7 
lane or shoulder. 8 
 
BY repealing and reenacting, with amendments, 9 
 Article – Transportation 10 
Section 21–1209 11 
 Annotated Code of Maryland 12 
 (2020 Replacement Volume and 2023 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Transportation 16 
 
21–1209. 17 
 
 (a) Notwithstanding any other provision of this title, the driver of a vehicle shall: 18 
 
 (1) Exercise due care to avoid colliding with any bicycle, EPAMD, or motor 19 
scooter being ridden by a person; and 20 
 
 (2) When overtaking a bicycle, an EPAMD, or a motor scooter, pass safely 21 
at a distance of not less than 3 feet, unless, at the time: 22 
  2 	SENATE BILL 315  
 
 
 (i) The bicycle, EPAMD, or motor scooter rider fails to operate the 1 
vehicle in conformance with § 21–1205(a) of this subtitle (“Riding to right side of roadway”) 2 
or § 21–1205.1(b) of this subtitle (“Roadway with bike lane or shoulder paved to smooth 3 
surface”); 4 
 
 (ii) A passing clearance of less than 3 feet is caused solely by the 5 
bicycle, EPAMD, or motor scooter rider failing to maintain a steady course; or 6 
 
 (iii) The highway on which the vehicle is being driven is not wide 7 
enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least 3 8 
feet. 9 
 
 (b) A person may not throw any object at or in the direction of any person riding 10 
a bicycle, an EPAMD, or a motor scooter. 11 
 
 (c) A person may not open the door of any motor vehicle with intent to strike, 12 
injure, or interfere with any person riding a bicycle, an EPAMD, or a motor scooter. 13 
 
 (d) (1) Unless otherwise specified in this title, the driver of a vehicle shall yield 14 
the right–of–way to a person who is lawfully riding a bicycle, an EPAMD, or a motor scooter 15 
in a designated bike lane or shoulder if the driver of the vehicle is about to enter or cross 16 
the designated bike lane or shoulder. 17 
 
 (2) (I) A PERSON MAY NOT COMMI T A VIOLATION OF PAR AGRAPH 18 
(1) OF THIS SUBSECTION T HAT CONTRIBUTES TO A CRASH. 19 
 
 (II) A PERSON CONVICTED OF A VIOLATION OF SUBPA RAGRAPH 20 
(I) OF THIS PARAGRAPH IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 2 MONTHS 21 
OR A FINE NOT EXCEED ING $2,000 OR BOTH. 22 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 
October 1, 2024. 24