New Massachusetts Bicycle Safety Law – Effective January 1, 2023
On Monday, January 1, 2023, Governor Baker signed into law Senate bill S3162 called “An Act to Reduce Traffic Fatalities” that, among other changes, greatly improves the safety of bicycle riders by:
- requiring drivers to maintain at least a 4-foot buffer between their cars and bikes on the road and
- allowing drivers to cross the centerline, if necessary, in order to provide the 4-foot safety buffer.
Highlights of the New Law
The central provision in the new law mandates that drivers provide at least a four-foot distance between their vehicles and bike riders using the road. In situations where the lane is not sufficiently wide to permit a safe pass, the driver must either use an adjacent lane (even crossing a double-yellow line) when it is safe to do so or must wait until the lane is sufficiently wide to pass the bike rider with a four-foot buffer.
The following excerpts provide the specific language of the new law:
Chapter 89, Section 2 (crossing the centerline):
If it is not possible to overtake a vulnerable user, as defined in section 1 of chapter 90, or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane, crossing the centerline if necessary, when it is safe to do so and while adhering to the roadway speed limit.
Chapter 90, Section 14 (4-foot buffer when passing a bike rider):
In passing a vulnerable user, the operator of a motor vehicle shall pass at a safe distance of not less than 4 feet and at a reasonable and proper speed.
The Massachusetts Department of Transportation shall erect and maintain signage along public ways necessary to notify operators of motor vehicles of the requirements for passing a vulnerable user from a safe distance as required by this section.
Chapter 90, Section 1 (vulnerable user defined):
“Vulnerable user”, (i) a pedestrian, including a person engaged in work upon a way or upon utility facilities along a way or engaged in the provision of emergency services within the way; (ii) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, horse, horse-drawn carriage, motorized bicycle, motorized scooter, or other micromobility device, or a farm tractor or similar vehicle designed primarily for farm use; or (iii) other such categories that the registrar may designate by regulation.
In addition to the bicycle safety features described above, it should be noted that the new law also appears to allow the crossing of the centerline to pass a slow-moving vehicle as long as it is safe to do so and the speed limit is not exceeded.
Finally, we note that laws cannot be effective unless they are supported by ongoing public education and community outreach. Towns (and even bike clubs) can play a key role by educating its residents (or members). The goal of the law is to save lives and it is essential for all of us to do all that we can to support the effort.
We thank Joel Arbeitman, President of the Ashland Bike Club, for the graphic and for editorial assistance.