State Bike Laws

Maryland

Safe Passing Laws

Maryland requires that the driver of a motor vehicle overtaking a bicycle pass safely at a distance of not less than 3 feet, unless, at the time:

• The bicycle rider fails to ride in conformance with the laws requiring riding to the right side of the roadway or riding within a bike lane  paved to a smooth surface,
• A passing clearance of less than 3 feet is caused solely by the bicycle rider failing to maintain a steady course, or
• The highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle at a distance of at least 3 feet.

Drivers can cross to the left side of the roadway in a no-passing zone, typically marked by a double yellow line, in order to provide a safe passing distance to bicyclists.

Source: Md. Code Ann., Transp. §21-1209; §21–307

Helmet Law

Maryland requires that any person under the age of 16 riding a bicycle, as an operator or passenger, must wear a protective bicycle helmet.

Source: Md. Code Ann., Transp. §21-1207.1

Vulnerable Road User Laws

Maryland defines a “vulnerable individual” as:

• A pedestrian, including an individual who is lawfully: (i) actively working on a highway or utility facility along a highway; (ii) providing emergency services on a highway; or (iii) on a sidewalk or footpath;
• An individual who is lawfully riding or leading an animal on a highway, shoulder, crosswalk, or sidewalk; or
• An individual who is lawfully operating or riding any of the following on a highway, shoulder, crosswalk, or sidewalk: (i) a bicycle, (ii) a farm tractor or farm equipment, (iii) a play vehicle, (iv) a motor scooter, (v) a motorcycle, (vi) an animal-drawn vehicle, (vii) an EPAMD (electric personal assistive mobility device), or (viii) a wheelchair.

According to Maryland law, an individual may not cause the serious physical injury or death of a vulnerable individual as a result of the individual operating a motor vehicle in violation of traffic laws. An individual charged with causing serious physical injury or death of a vulnerable individual as a result of violating traffic laws must appear in court and cannot prepay their fine. A convicted person for the charge can be fined no more than $2,000 and additionally may be ordered to participate in a motor vehicle safety course, and perform up to 150 hours of community service. In addition, a convicted person’s driver’s license must be suspended at least seven days and not more than six months.

Maryland also protects bicyclists specifically by providing that:

• A person may not throw any object at or in the direction of any person riding a bicycle, and
• A person may not open the door of any motor vehicle with intent to strike, injure, or interfere with any person riding a bicycle.

Source: Md. Code Ann., Transp. §§21-901.3; 21-1209(b) & (c).

Distracted Driving Laws

Maryland currently has the following laws aimed at distracted driving, subject to limited exceptions:

• An individual who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle;
• An individual may not use a text messaging device to write, send, or read a text message or an electronic message while operating a motor vehicle in the travel portion of the roadway;
• A driver of a Class H (school) vehicle may not use a handheld telephone while operating a motor vehicle that is carrying passengers and in motion; and
• A holder of a learner’s instructional permit or a provisional driver’s license who is 18 years of age or older may not use a handheld telephone while operating a motor vehicle; and
• A person may not drive a motor vehicle on a highway if the motor vehicle is equipped with television-type receiving equipment or video display equipment that is turned on and displaying an image visible to the driver.

Source: Md. Code Ann., Transp. §§21-1124; 21-1124.1; 21-1124.2; 21-1129

Where to Ride

Maryland requires that a bicyclist, traveling at a speed less that the speed of traffic, ride as near to the right side of the roadway as practicable and safe, except when:

• Making or attempting to make a left turn;
• Operating on a one-way street;
• Passing a stopped or slower moving vehicle;
• Avoiding pedestrians or road hazards;
• The right lane is a right turn only lane; or
• Operating in a lane that is too narrow for a bicycle or motor scooter and another vehicle to travel safely side by side within the lane.

Source: Md. Code Ann., Transp. §21-1205

Sidewalk Riding

Maryland generally prohibits the operation of vehicles on sidewalks, but specifically provides that where allowed by local ordinance, a person may ride a bicycle on a sidewalk or sidewalk area. In addition, at a place where a person may ride a bicycle on a sidewalk or sidewalk area, a person may also ride a bicycle on a crosswalk.

Source: Md. Code Ann., Transp. §21-1103

Mandatory Use of Separated Facilities

Maryland requires that where there is a bike lane paved to a smooth surface, a person operating a bicycle shall use the bike lane and may not ride on the roadway, except in the following situations:

• When overtaking and passing another bicycle, pedestrian, or other vehicle within the bike lane if the overtaking and passing cannot be done safely within the bike lane;
• When preparing for a left turn at an intersection or into an alley, private road, or driveway;
• When reasonably necessary to leave the bike lane to avoid debris or other hazardous condition; or
• When reasonably necessary to leave the bike lane because the bike lane is overlaid with a right turn lane, merge lane, or other marking that breaks the continuity of the bike lane.

In addition, a person operating a bicycle may not leave a bike lane until the movement can be made with reasonable safety and then only after giving an appropriate signal.

Source: Md. Code Ann., Transp. §21-1205.1

Bicycling Under the Influence

In Maryland, bicycles are defined as vehicles. Maryland’s law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to all vehicles and therefore applies to bicyclists. Bicycles should not be operated while intoxicated and operating a bicycle while under the influence of alcohol or other controlled substances may result in severe punishments.

Source: Md. Code Ann., Transp. §§21-902; 11-176

“Idaho Stop” and Vehicle Detection Errors

Maryland does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists.

Source: N/A

Authorization for Local Regulation of bicycles

Maryland provides that its state traffic laws do not prevent a local authority, in the reasonable exercise of its police power, from regulating the operation of bicycles, requiring them to be registered, and imposing a registration fee.

Source: Md. Code Ann., Transp. §25-102

Dooring law

Maryland requires that no person open the door of a motor vehicle on any side available to moving traffic unless: it is reasonably safe to do so; and it can be done without interfering with the movement of other traffic. In addition, no person may leave a door open on any side of a vehicle available to moving traffic for any period longer than necessary to load or unload passengers. 

Source: Md. Code Ann., Transp. §21-1105.

Treatment as a Vehicle

In Maryland bicycles are vehicles according to the statute that defines vehicles and a person riding a bicycle has all of the rights and duties of the driver of a vehicle as provided in Title 21 of the Maryland Code, except as to those provisions which by their nature can have no application.

Source: Md. Code Ann., Transp. §§11-176; 21-1202

Source of Laws

The laws regulating the operation of bicycles in the state of Maryland are generally found in Title 21 of the Code of Maryland (Md. Code Ann.), available here: http://www.lexisnexis.com/hottopics/mdcode/.