50 State Survey of 3’ Passing Laws
Prepared by Greg Smith, www.velospace.org, updated 01/26/2009, Oregon 2008 law corrected - 02/03/2010

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The summaries are our views or a compilation of views of the law as it relates to cycling and are NOT considered legal advice.

Summary: This memo contains the results of a 50 state, and District of Columbia, legislation search on 3’ passing laws.  Under each state you will find a citation to the most relevant statute found, text of the statute, notes on wrinkles in the statute, and a link to the law if possible.

Method: First, I obtained a list of state legislature search pages (here) and used combinations of the following search terms on each:

1. Overtake/overtaking
2. Pass/passing
3. Bicycle/Bicyclist
4. Safe distance
5. Three feet

Second, I ran similar searches on the Westlaw “All State Statutes” database to catch any laws missed using the first method. Since this is being updated via user input.

Favorable Results, legislation found in 14 states:

1. Arizona, with civil penalties and an exception
2. Arkansas (2007)
3. Connecticut (2008)
4. Florida
5. Illinois, recently passed with help of this research!
6. Kentucky, not in law books but in Rules of the Road
7. Maine (2007)
8. Minnesota
9. New Hampshire (2009)
10. Oklahoma, due care standard and civil money fines
11. Oregon (2008)
12. Tennessee (2007)
13. Utah, with reasonable exception
14. Wisconsin, due care and safe distance standards mentioned.

Other Notable Results, partially favorable legislation found in 4 states:

1. Missouri, specific vehicle-overtaking-bicycle law with “safe distance” standard, authorizes criminal penalty for infraction.
2. North Carolina, specific 2’ distance for vehicle-overtaking-vehicle law, authorizes criminal penalty for bodily injury and serious bodily injury.
3. Washington, specific vehicle-overtaking-bicycle law with “Safe distance” standard.
4. Virginia, reasonable speed standard and 2’ buffer.

Preparation Time: 8 hours

Note, Illinois & Tennessee updated 09/06/2007, Other states researched Winter of 2006/07

Alabama
No law directly on point.  Overtaking law, “Section 32-5A-82.  Overtaking vehicle on left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Alaska
No overtaking or passing law found.

Arizona
There is law directly on point.  Three foot passing law, “28-735. Overtaking bicycles; civil penalties”, (here) states “When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet until the motor vehicle is safely past the overtaken bicycle.” (italics added)  Civil penalties: the statute authorizes $500 civil fine if a driver passes within three feet and bicyclist sustains “serious physical injury”, and the statute additionally authorizes $1,000 civil penalty if the bicyclist dies.  Exception: The statute exempts drivers from the three feet passing law if the bicyclist is in a vehicular lane and a bicycle lane or path exists.

Arkansas (2007)
Law directly on point. (here) 27-51-311. Overtaking a bicycle. (a) The driver of a motor vehicle overtaking a bicycle proceeding in  the same direction on a roadway shall exercise due care and pass to the left  at a safe distance of not less than three (3) feet and shall not again drive  to the right side of the roadway until safely clear of the overtaken bicycle.  (b)(1) A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).  More penalities for causing an accident  (2) A person who violates this section with the violation  resulting in a collision causing death or serious physical injury to the  person operating the overtaken bicycle shall be subject to a fine not to exceed one thousand dollars ($1000) in addition to any other penalties prescribed by law.

California
No law directly on point.  Overtaking law (here) states “The driver of a vehicle overtaking another vehicle or a bicycle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle or bicycle, subject to the limitations and exceptions hereinafter stated.”

Colorado
No law directly on point.  Overtaking law, “42-4-1003. Overtaking a vehicle on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Connecticut (2008)
Law directly on point.  Overtaking law, “Chapter 48, Sec. 14-232. Passing.”, (here) states “[T]he driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle, For the purposes of this subsection, "safe distance" means not less than three feet when the driver of a vehicle overtakes and passes a person riding a bicycle.(added 2008).”  (italics added)

Delaware
No law directly on point.  Overtaking law, “Title 21, Chapter 41, § 4116. Overtaking a vehicle on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicles.” (italics added)

District of Columbia
No overtaking or passing law found.

Florida
There is law directly on point.  Three foot passing law, “23-316-083 Overtaking and passing a vehicle.”, (here) states “The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.” (italics added)  Penalty: The statute makes violation of the 3’ law a non-criminal traffic violation, punishable as a moving violation.

Georgia
No overtaking or passing law found.  Only related law (here) deals with farm-oriented “low speed vehicles.”

Hawaii
No law directly on point.  Overtaking law, “§291C-43. Overtaking a vehicle on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Idaho
No law directly on point.  Overtaking law, “49-632.  Overtaking a vehicle on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Illinois
There is law directly on point.  Three foot passing law, “625 ILCS 5/11-703.  Overtaking a vehicle on the left.”, (here) states “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.” (italics added)

Indiana
No law directly on point.  Overtaking law, “IC 9-21-8-5.  Overtaking and passing.”, (here) states “A person who drives a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Iowa
No law directly on point.  Overtaking law, “321.299.  Overtaking a vehicle.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Kansas
No law directly on point (4' listed in the driver's manual).  Overtaking law, “8-1516.  Vehicles proceeding in same direction.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Kentucky
No law directly on point, but the Kentucky Rules of the Road states “Pass a cyclist only when it can be done safely, and give ample room (4' listed in the driver's manual) between your car and the cyclist.”  Overtaking law, “189.340.  Overtaking vehicles.”, (here) states “Vehicles overtaking other vehicles proceeding in the same direction shall pass to the left of them and shall not again drive to the right until reasonably clear of those vehicles.”

Louisiana
No law directly on point.  Overtaking law, “RS 32:73.  Passing a vehicle on the left.”, (here) states “Except when overtaking and passing on the right is permitted, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Maine (2007)
Law directly on point.  Overtaking law, “29-A §2070.  Passing another vehicle.”, (here) states §2070. Passing another vehicle... 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. 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.

Maryland
No law directly on point.  Overtaking law, “§ 21-303. General rules governing overtaking and passing vehicles.”, (here) states “The driver of a vehicle overtaking another vehicle that is going in the same direction shall pass to the left of the overtaken vehicle at a safe distance.” (italics added)

Massachusetts
No law directly on point.  Overtaking law, “89 § 2.  Passing vehicle traveling in same direction.”, (here) states “Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other.” (italics added)

Michigan
No law directly on point.  Overtaking law (here) states “A vehicle shall not be driven to the left side of the center of a 2-lane highway or in the center lane of a 3-lane highway in overtaking and passing another vehicle proceeding in the same direction unless the left side or center lane is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of a vehicle approaching from the opposite direction or the vehicle overtaken.”

Minnesota
There is a law directly on point.  Passing law “169.18-3(3). Passing.”, (here) states “the operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on the roadway shall leave a safe distance, but in no case less than three feet clearance, when passing the bicycle or individual and shall maintain clearance until  safely past the overtaken bicycle or individual.” (italics added)

Mississippi
No law directly on point.  Overtaking law, “§ 63-3-611.  Overtaking and passing vehicles on the left side of the roadway.”, (here) states “No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.”

Missouri
No law directly on point, but there is a specific vehicle-overtaking-bicycle law.  Overtaking law, “304.678.  Distance to be maintained when overtaking a bicycle.”, (here) states “The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance, when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle.” (italics added)  Penalty: “Any person who violates the provisions of this section is guilty of an infraction unless an accident is involved in which case it shall be a class C misdemeanor.”
 
Montana
No law directly on point.  Overtaking law “61-8-323. Overtaking vehicle on left.” (here) states “The operator of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Nebraska
No law directly on point.  Overtaking law, “§ 60-6,133. Overtaking and passing rules; vehicles proceeding in same direction.”, states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall first give a visible signal of his or her intention and shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Nevada
No law directly on point.  Overtaking law “484.295.”, states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.” (italics added)

New Hampshire (1/1/2009)
Law directly on point (here, but placed under rules for bicycles).  265:143-a Drivers to Exercise Due Care When Approaching Bicycle. – Every driver of a vehicle, when approaching a bicyclist, shall insure the safety and protection of the bicyclist and shall exercise due care by leaving a reasonable and prudent distance between the vehicle and the bicycle. The distance shall be presumed to be reasonable and prudent if it is at least 3 feet when the vehicle is traveling at 30 miles per hour or less, with one additional foot of clearance required for every 10 miles per hour above 30 miles per hour.

New Jersey
No law directly on point.  Overtaking law “39:4-85.  Passing to left when overtaking.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again  drive to the right side of the roadway until safely clear of the overtaken  vehicle.” (italics added)

New Mexico
No law directly on point.  Overtaking law “66-7-312. Limitations on overtaking on the left.”, (here) states “No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.” (italics added)

New York
No law directly on point.  Overtaking law “§ 1122. Overtaking  a  vehicle  on the left.” (here) states “The driver of a vehicle overtaking another vehicle  proceeding  in the same direction shall pass to the left thereof at a safe distance and shall  not  again  drive  to  the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

North Carolina
No law directly on point, but the overtaking law is notable.  Overtaking law “§ 20-149.  Overtaking a vehicle.”, (here) states “The driver of any such vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle.” (italics added)  Penalty: if bodily injury, or serious bodily injury happen as a result of a driver passing less than 2’ from another vehicle a criminal misdemeanor has occurred.

North Dakota
No law directly on point.  Overtaking law “39-10-11. Overtaking a vehicle on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Ohio
No law directly on point.  Overtaking law “§ 4511.27. Rules governing overtaking and passing of vehicles.”, (here) states “The operator of a vehicle or trackless trolley overtaking another vehicle or trackless trolley proceeding in the same direction shall, except as provided in division (A)(3) of this section, signal to the vehicle or trackless trolley to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle or trackless trolley.”  (italics added)

Oklahoma
There is law directly on point.  Bicycle overtaking law “§47-11-1208.  Overtaking and passing bicycle.”, (here) states “When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three (3) feet until the motor vehicle is safely past the overtaken bicycle.” (italics added)  Penalties: if serious bodily injury then $500 civil fine, if death then $1,000 civil fine.

Oregon
Overtaking law “811.065 Unsafe passing of person operating bicycle; penalty”, (here) Provides for "safe distance" and passing in no-passing zones. states “The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle. For the purposes of this paragraph, a “safe distance” means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic. .” (italics added)

Pennsylvania
No law directly on point.  Overtaking law “33-§3303.  Overtaking vehicle on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall stay to the left of the other vehicle until safely clear of the overtaken vehicle.” (italics added)

Rhode Island
No law directly on point.  Overtaking law, “§ 31-15-4.  Overtaking on left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give a timely, audible signal and shall pass to the left at a safe distance and shall not gain drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

South Carolina
No law directly on point.  Overtaking law “§ 56-5-1840. Overtaking and passing vehicles proceeding in same direction.”, states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

South Dakota
No law directly on point.  Overtaking law, “32-26-26.  Overtaking vehicles.”, (here) states “The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof.” (italics added)

Tennessee
There is a law directly on point, but placed with cycling laws rather than motor vehicle laws.  Overtaking law, “55-8-175. Riding on roadways and bicycle paths.”, (here) states “The operator of a motor vehicle when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet (3’) and shall maintain such clearance until safely past the overtaken bicycle..” (italics added) (2007)

Texas
No law directly on point.  Overtaking law, “§ 545.053. PASSING TO THE LEFT.” (here) states “An operator passing another vehicle: shall pass to the left of the other vehicle at a safe distance; and may not move back to the right side of the roadway until safely clear of the passed vehicle.” (italics added)

Utah
There is a law directly on point.  Bicycle passing law, “41-6a-706.5.  Operation of motor vehicle near bicycle prohibited.”, (here) states “An operator of a motor vehicle may not knowingly, intentionally, or recklessly operate a motor vehicle within three feet of a moving bicycle, unless the operator of the motor vehicle operates the motor vehicle within a reasonable and safe distance of the bicycle.”  Note: this law makes driving knowingly, intentionally or recklessly within 3’ of a bicycle illegal.  This law does not disallow driving reasonably within 3’ of a bicycle.

Vermont
No law directly on point.  Overtaking law, “  23 § 1033. Passing on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction may pass to its left at a safe distance, and when so doing shall exercise due care, may not pass to the left of the center of the highway unless the way ahead is clear of approaching traffic, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)

Virginia
There is a law directly on point.  Bicycle passing law, “§ 46.2-839. Passing bicycle.”, states “Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle proceeding in the same direction shall pass at a reasonable speed at least two feet to the left of the overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle and shall not again proceed to the right side of the highway until safely clear of such overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.” (italics added)

Washington
No law directly on point, but the overtaking law is notable, (4' listed in the driver's manual).  Overtaking law, “RCW 46.61.110 Overtaking on the left.”, (here) states “The driver of a vehicle approaching a pedestrian or bicycle that is on the roadway or on the right-hand shoulder or bicycle lane of the roadway shall pass to the left at a safe distance to clearly avoid coming into contact with the pedestrian or bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken pedestrian or bicyclist.” (italics added)

West Virginia (Revised/fixed reference 2008)
There is law directly on point. Overtaking law (here) §17C-7-3. Overtaking and passing vehicle proceeding in same direction -- Passing on the left generally; penalty. (a) The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to these limitations, exceptions, and special rules hereinafter stated. (1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

Wisconsin
There is a law directly on point.  Bicycle passing law, “346.075.  Overtaking and passing bicycles, electric personal assistive mobility devices.” (here) states “The operator of a motor vehicle overtaking a bicycle or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle or electric personal assistive mobility device.” (italics added)

Wyoming
No law directly on point.  Overtaking law, “31-5-203. Rules governing overtaking on the left.”, (here) states “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.” (italics added)