The Law Offices of James M. Freeman, P.C.

On August 16, 2007, the Governor signed SB0080 into law. This act makes three basic changes that could benefit Illinois cyclists.

First, it sets a minimum distance at which motorists must pass cyclists. The relevant provision reads as follows:

625 ILCS 5/11-703. Overtaking a vehicle on the left.
(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

Second, Illinois Law now provides that a cyclist can signal a right hand turn with his/her right hand. To me this seems like common sense codified. Signaling a right turn with your right hand is more intuitive and clear than signaling a right turn with your left hand. I think lots of motorists probably don't understand such a signal.

625 ILCS 5/11-806. Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
1. Left turn - Hand and arm extended horizontally.
2. Right turn - Hand and arm extended upward, except that a person operating a bicycle may extend the right hand and arm horizontally and to the right side of the bicycle.
3. Stop or decrease of speed - Hand and arm extended downward.

Third, Illinois law now provides that a cyclist does not need to ride as close to the curb as practicable (as required by the current provisions of the Illinois Vehicle Code), but as close to the curb as practicable and safe. Presumably one could ride away from the curb as necessary for one's safety. Further, the new law would not require bicyclists to ride close to the curb when doing so would mean riding in a right turn lane when the cyclists intends to go straight.

625 ILCS 5/11-1505. Position of bicycles and motorized pedal cycles on roadways -Riding on roadways and bicycle paths.
(a) Any person operating a bicycle or motorized pedal cycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway except under the following situations:
1. When overtaking and passing another bicycle, motorized pedal cycle or vehicle proceeding in the same direction; or
2. When preparing for a left turn at an intersection or into a private road or driveway; or
3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedal cycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this subsection, a "substandard width lane" means a lane that is too narrow for a bicycle or motorized pedal cycle and a vehicle to travel safely side by side within the lane.
4. When approaching a place where a right turn is authorized.
(b) Any person operating a bicycle or motorized pedal cycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

From my review of the legislative, it doesn’t look as if the law is effective immediately, rather that it is effective as of 1/1/2008.

The-three foot passing law is a good thing for Illinois Cyclists. Who among us wouldn’t like to have a three -oot buffer? I might be forever comfortable on the road if every driver from here on out gave me three feet. That's a dream distance in a city where being buzzed by a matter of inches is a regular occurrence.

As a practical matter enforcement of this law may be tough, but in the event of an accident it could be helpful to show the motorist is liable. In defending themselves in such a situation, motorists will sometimes claim that the cyclist swerved suddenly causing the accident. If motorists are required to provide a minimum of three feet when passing it makes this defense less plausible.

The change of language in section 1505 no longer requires bicycles to ride as close as practicable to the curb, rather as practicable and safe. This section has also been changed to clarify that cyclists don’t have to hug the curb in a right turn lane situation. Again, this seems like common sense codified, but it could potentially help in the courtroom after an accident.

Since this change in the code has been suggested I have been second-guessing myself in the right turn lane situations. “Where should I be? I want to go straight, but there is a right turn lane here and I don’t want to turn. It seems stupid to be close to the curb, but at the same time it seems like that’s what the law suggests... And if I ride close to the curb I’ll have to cut across the right turn lane traffic to get back to a position to proceed straight...”

Good work CBF and those who made this legislation possible. This is a victory for Illinois cyclists.

More information on CBF's website
More information at the Illinois General Assembly's website