L.D. 1808 - Maine's NEW Bicycling Laws
Introduced and advocated for by the Bicycle Coalition of Maine

1. Three-foot clearance when passing a bicycle

Motorists passing bicyclists too closely create a dangerous situation, which does not allow cyclists maneuvering room to avoid hazards, and can cause a wind blast. Maine's new law requires motorists to give at least three feet when passing bicyclists!

29-A MRSA §2070, sub-§1-A Passing bicycle. An operator of a motor vehicle that is passing a bicycle proceeding in the same direction shall exercise due care by leaving a distance between the motor vehicle and the bicycle of not less than 3 feet while the motor vehicle is passing the bicycle.

2. Solid Yellow Line Exemption

In 2006, Maine law was changed to prohibit vehicles from crossing the solid yellow centerline(s). This posed a problem for motorists and endangers cyclists when vehicles pass on roads without shoulders. Because bicyclists are slower and smaller than cars, a motorist doesn't need as much space or time to safely pass. The three-foot passing portion of the new law also allows motorists to cross a solid yellow centerline(s) to pass bicyclists when safe to do so.

29-A MRSA §2070, sub-§1-A A motor vehicle operator may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.

 
3. Encourage and Enforce Helmets for Youth

Maine's bicycle helmet law requires bicyclists under the age of 16 to wear a helmet (consistent with Motorcycle, ATV, & Snowmobiles) but contains only an education provision. The new law maintains the "educate first" provision, but then establishes a $25 fine for a second offense that can be waived upon proof of purchase of a bicycle helmet.

29-A MRSA §2326 sub-§2 Forfeiture. For a 2nd or subsequent violation of section 2323, subsection 1, a forfeiture of no more than $25 may be adjudged. The fine may be waived if a person presents proof of purchase of a bicycle helmet since the citation.

4. Clarify Bicyclists Driving to the Right

Maine law requiring bicyclists to ride "as far as practicable to the right" is ambiguous and imprecise in certain situations. The new law brings statute up to current safe bicycle driving standards to clarify those situations.

Bicyclists need to position themselves properly in the lane in different ways to prepare for turns or when proceeding straight to avoid right-turning motorists (illustrated). It also clarifies other instances when bicyclists may need to change lane position to avoid road hazards.

29-A MRSA §2063, sub-§2 Riding to the right. A person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time and place shall drive on the right portion of the way as far as practicable except when it is unsafe to do so or:

1. When overtaking and passing another bicycle or other vehicle proceeding in the same direction;
2. When preparing for or making a left turn at an intersection or into a private road or driveway;
3. When proceeding straight in a place where right turns are permitted; and
4. When necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, broken pavement, glass, sand, puddles, ice, surface hazards or opening doors from parallel-parked vehicles, or a lane of substandard width that makes it unsafe to continue along the right portion of the way. For purposes of this paragraph, "lane of substandard width" means a lane that is too narrow for a bicycle and a vehicle to travel safely side by side in the lane.

5. Allowing Bicyclists to Pass on the Right

Because bicyclists typically are driving on the right portion of the way and/or on the shoulder, passing on the right is sometimes safer than pulling out into traffic to pass on the left when traffic is backed up. The new law clarifies that a bicyclist may pass on the right, at their own risk.

29-A MRSA §2070, sub-§6 Passing on the right... A person operating a bicycle may pass a vehicle on the right at the bicyclist's own risk.

6. Removing Insignificant Fine Levels

A conflict in Maine law appeared to keep bicycling penalties at only $10, which is inconsistent with other portions of Maine law and made enforcing key laws difficult. The new law now reads:

29-A MRSA §2070, sub-§7 Penalties. A person 17 years of age or over who violates this section commits a civil violation for which a fine of not less than $25 and not more than $250 may be adjudged. A person under 17 years of age is not subject to a fine under this section.

7. Toy Vehicles in Separate Category

Toy vehicles such as skateboards, wagons, and rollerskates have been lumped in with bicycles. Given both the speed differential, inability to be as well controlled or operated as utilitarian vehicles, these toys have finally been set aside from bicycles. First the definition for bicycles and then toy vehicles in the new law:

29-A MRSA §2063, sub-§1 Definitions. For the purpose of this section, "bicycle" includes a motorized bicycle, a motorized tricycle or a motorized scooter.

29-A MRSA §2063-B Toy vehicles

1. Definitions. For the purpose of this section, "toy vehicle" includes, but is not limited to, skateboards, rollerskates, wagons, sleds and coasters.
2. Hitching rides. A person riding on a toy vehicle may not attach it to a moving vehicle on a way.
3. Penalties. A person 17 years of age or over who violates this section commits a traffic infraction.
4. Impoundment. The chief of police of a municipality, or if there is no chief of police, the chair of the local legislative body, when satisfied that a juvenile under 17 years of age has ridden a toy vehicle in violation of this section, may impound the toy vehicle for a period not to exceed 5 days for the first offense, 10 days for a 2nd offense and 30 days for a subsequent offense.

8. Liability Waiver to allow Bicyclists at Drive-up Windows

Bicyclists are occasionally refused service at drive-up windows. Many drive-up windows have longer open hours than lobbies, while some businesses only have a drive-up window. The new law extends a liability waiver to all businesses with drive-up windows to allow bicyclists equal access to businesses including banks, restaurants, pharmacies, ATMs, etc. (14 MRSA §159-D)

9. Updating Seating Requirement to Include Recumbents

Maine law requires bicycles to have a seat, which the bicyclist must be "astride." Because recumbent bicyclists are seated in a different position, the law was expanded with the addition of the word "upon" to include recumbents. (29-A MRSA §2063, sub-§3)

The Bicycle Coalition of Maine worked closely with numerous legislators and organizations to successfully introduce and support L.D.1808. Our sincere thanks to all the legislators who supported the bill. Special thanks to bill sponsor Senator Dennis Damon, co-sponsors Rep. Richard Cleary, Rep. Boyd Marley, Rep. Chris Barstow, Rep. Ted Koffman, Rep. John Piotti, Rep. Deborah Simpson, and Rep. Richard Woodbury, and Senator Karl Turner, Rep. Anne Peoples, Rep. Bill Brown, and the many legislators who made this law possible. Thanks to Governor Baldacci for his swift signing of this law.

Approved by the Maine Legislature on June 15, 2007, the Governor signed L.D.1808 into law June 22. A ceremonial signing with Governor Baldacci was held July 24, 2007. The law becomes effective September 2007.

For further details about all of Maine's bicycling laws, please visit www.BikeMaine.org.