By John Allen

Introduction

In the February issue of Wheelpeople, I gave a basic summary of Massachusetts traffic laws as they apply to bicyclists and to other road users around bicyclists, with links to the underlying statutes. My hope is that the February article will serve as a reference in case of questions or problems.

But the traffic law only tells people what they may not do: it does not teach people how to do what they should. This month, I present a  detailed summary of laws which concern motorists overtaking bicyclists. This is often a sore point for both, no less so on the narrow rural roads which account for much of CRW members' mileage.

The issue becomes more complicated when bicyclists ride in a group, as we often do. But on the other hand, a recent amendment to the law works to the advantage of both bicyclists and motorists. Read on...

A quick summary of Massachusetts laws involving motorists passing bicyclists

• A bicyclist must facilitate passing when safe, but may control a travel lane to avoid road edge hazards (bad pavement etc.) and danger zones – pavement defects, car doors which may open, blind entrances etc.
•  Bicyclists may ride two abreast (side by side) in a single lane if passing would still be unsafe if they were riding single file, or if a passing lane is available.
• A motorist may cross the centerline to pass a vulnerable road user, which definition includes bicyclists.

Looking into details

For bicyclists, riding too close to the edge of the road or to parked vehicles poses multiple hazards. The bicyclist may be controlling a travel lane to avoid hazards or to prevent a motorist from passing when it is unsafe, or passing on the wrong side. This is legal defensive driving. If overtaking would be unsafe, there is no requirement to facilitate it, as it would pose a hazard both for the bicyclist and the driver wishing to overtake.

Note also that, as of an amendment enacted in 2023, an overtaking driver is explicitly allowed to cross the centerline. There is no mention of whether it is dashed or not. Chapter 89, section 2 is explicit about this:

[i]f the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. 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.

This relates to the provision in Chapter 90, section 14 of the Statutes requiring a 4-foot passing clearance,

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.

Chapter 85, section 11B specifically states that a cyclist may use any part of the lane, subject only to the rule in Chapter 89, section 2 and Chapter 85, section 11B, to facilitate passing when it is safe.

Who gets to decide when it is safe? That decision must be the bicyclist’s. A following driver – motorist, police officer, even another bicyclist – does not see the situation from the bicyclist’s perspective, cannot read the bicyclist’s mind to know the bicyclist’s intentions, and is unlikely to be aware of hazards which matter to the bicyclist.

Chapter 90, Section 14 also states:

No person operating a vehicle that overtakes and passes a bicyclist proceeding in the same direction shall make a right turn at an intersection or driveway unless the turn can be made at a safe distance from the bicyclist at a speed that is reasonable and proper.

Facilitating passing isn’t always about moving to the right. Often, a bicyclist waiting for a traffic signal can facilitate a motorists’s legal right turn on red by waiting near the left side of the travel lane. A bicyclist who is alert to motorists’ use of turn signals may motion to the motorist to take that opportunity to pass on the right. This is a nice courtesy which builds good will.

Riding Side by Side

Now, here’s the provision about riding side by side, in MGL Chapter 85, section 11B:

Bicyclists riding together shall not ride more than 2 abreast but, on a roadway with more than 1 lane in the direction of travel, bicyclists shall ride within a single lane. Nothing in this clause shall relieve a bicyclist of the duty to facilitate overtaking as required by section 2 of chapter 89.

Chapter 89, section 2 allows passing only when it is safe, and so singling up is required only when it would allow passing that otherwise would be difficult or unsafe. If another lane is available for overtaking, riding double file does not prevent a driver from passing. Quite the contrary, riding in double file facilitates overtaking, because the group is shorter. The left cyclist of two riding side by side will be as far left as a solo cyclist controlling the travel lane. Single file facilitates overtaking when the driver cannot change lanes, and the lane (or lane plus shoulder or bike lane) is wide enough that overtaking a single row of bicyclists is safe.

Misinterpretations

The rules are easily misinterpreted…some examples:

The following was on the advocacy organization Massbike’s Massachusetts Bike Laws page as of September, 2023:

You may ride two abreast (side by side), but must facilitate passing traffic. This means riding single file when faster traffic needs to pass, or staying in the right-most lane on a multi-lane road.

It has been corrected and updated since then to the following:

You may ride two abreast (side by side), and on multi-lane roads bicyclists must stay in the rightmost lane. MA law states that a bicyclist (and any driver) must permit passing when safe and "not unnecessarily obstruct" a passing vehicle, but a bicyclist may control a travel lane to avoid road edge hazards (bad pavement etc.) and danger zones (door zone, approaching intersection, etc.).

 The “rightmost lane” statement is correct as it applies to a through lane, but a not a right-turn only lane or when passing.

A City of Waltham page abbreviates the September version even further:

You may ride two abreast (side by side) but must move to single file when traffic needs to pass.

Whoever summarized the law for Massbike (until the update) leapt to the conclusion that riding single file is the only way to facilitate overtaking, and whoever further summarized for Waltham ran with that conclusion.

Drivers including bicyclists are required to pull over for an ambulance, fire truck or police car on the way to an emergency. Emergency vehicles are the only ones which, under the law, need to pass to the extent that the leading driver must pull aside when a normal pass would be unsafe. Certainly, it is courteous to make passing easier as long as it is safe – but the older Massbike interpretation and the Waltham one presume that the convenience of the overtaking driver takes precedence over the safety of the bicyclist.

Incidents

I cited this summary of rules in a previous CRW Safety Corner article in connection with an incident in the fall of 2023, when a Waltham police officer pulled over a cyclist riding alone and cited language that conflated riding single file with facilitating passing. I have since then heard of another such incident. Many people misunderstand the rules, and this problem will repeat as long as misunderstandings continue.

Conclusion

My ground rule is that cyclists should be courteous, but assertive when necessary to avoid putting ourselves in danger.  I hope that this summary has helped to clarify where the dividing line is between those two behaviors as it applies to overtaking motorists.