HP0537
LD 788		 Session - 127th Maine Legislature
 
 LR 1559
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Improve the Health of Maine Citizens and Safety of Pedestrians

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §2056, sub-§2,  as amended by PL 2009, c. 91, §1, is further amended to read:

2. Pedestrian on way.   Where sidewalks are not provided, a pedestrian shall walk facing approaching traffic on the left side of the public way or the way's shoulder when practicable. An operator of a motor vehicle who is passing a pedestrian on a public way or the way’s shoulder shall exercise due care by leaving a distance between the motor vehicle and the pedestrian of not less than 3 feet while the motor vehicle is passing the pedestrian. A motor vehicle operator may pass a pedestrian in a no-passing zone only when it is safe to do so.

The collision of a motor vehicle with a pedestrian is prima facie evidence of a violation of this subsection.

SUMMARY

Current law requires the operator of a motor vehicle to leave a distance of at least 3 feet when passing a bicyclist, a person on roller skis or a pedestrian. If a collision occurs between a motor vehicle and a bicyclist or roller skier, it is prima facie evidence of a violation of the 3-foot requirement by the operator of the motor vehicle; no such provision is included for a collision between a motor vehicle and a pedestrian.

This bill provides that a collision between a motor vehicle and a pedestrian is prima facie evidence of a violation of the 3-foot requirement by the operator of the motor vehicle.

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