I hate the headline on the piece from which this is quoted, so I’m not using it here. When you see it below, you’ll see that the obvious answer is no.
What’s the penalty? Too often, there is none.
What follows here is the best advice I’ve seen on the subject in some time:
Every time you get on a bike, from this moment forward, obey the letter of the law in every traffic exchange everywhere to help drivers (and police officers) view cyclists as predictable users of the road who deserve respect. And every time you get behind the wheel, remember that even the slightest inattention can maim or kill a human being enjoying a legitimate form of transportation.
The Smith Compound 