DRIVETIME MAHATMA

In-median hat passing is a no-no

— Dear Road Maven: I lately have seen people wearing high visibility safety vests soliciting contributions from motorists in busy Little Rock intersections — Markham and Chenal, and Markham and University. Is this inherently unsafe or a violation of local laws? — Faithful Reader

Dear Reader: Of course it’s unsafe. Of course it violates city ordinance.

This was the third such question asked over the course of a week. Another reader, Worried Mom, said she was bothered by such fundraising at University and Asher. There, she said, were young baseball players raising money for tournament trips. It’s blazing hot, and here these kids are walking around in a busy intersection.

Scott Massanelli tells all. He’s the treasury services manager for the city of Little Rock. His office issues solicitor’s permits to nonprofit and for-profit organizations. To date this year, seven for-profit and five nonprofit permits have been issued.

Right there on the permit it says, in capital letters no less: “Solicitation within the street surface or in the median is prohibited. Blockage of streets or sidewalks is prohibited.”

Massanelli reports that his office and the Little Rock Police Department have recently had calls about a church group soliciting in the median of intersections. The church folk were asked to stop, he said, and they agreed.

Annoyed or concerned drivers who encounter this sort of thing may call 311, the city’s nonemergency number, and ask for enforcement.

Dear Mahatma: Arkansas has a threefoot safe passing law. Cars shouldn’t pass bicycles without at least three feet of clearance. But can a motorist pass a bicyclist in a no-passing zone if there is enough clearance? — On My Bike

Dear On My Bike: Answers come from Lt. Carl Minden of the Pulaski County sheriff’s office.

Short answer: No.

Long answer: Minden cites two laws. First, yours, Arkansas Code Annotated 27-51-311, “Overtaking a Bicycle.”

“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 fee and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle.”

The second statute is Arkansas Code Annotated 27-51-307: “Restrictions on passing vehicle overtaken on left.” One of the statute’s admonitions is passing may not occur where “a distinctive center line is marked ...” In fact, Minden says, this is the statute cited when a driver is ticketed for passing on a doubleyellow line.

No doubt people do cross a double-yellow when passing a bicyclist, he says, but it’s illegal. “Even if the cyclist waves you around, you would technically be at fault if any type of accident occurred.”

Vanity plate seen on Interstate 40 near Russellville: XQSME.

Mahatma@arkansasonline. com

Arkansas, Pages 9 on 07/28/2012

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