BILL NUMBER: AB 60	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nava

                        DECEMBER 4, 2006

   An act to amend Sections 21460.5 and 21750 of, and to add Section
21750.1 to, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 60, as introduced, Nava. Vehicles: bicycles.
   (1) Under existing law a driver of a vehicle overtaking another
vehicle or a bicycle proceeding in the same direction is required to
pass to the left at a safe distance without interfering with the safe
operation of the overtaken vehicle or bicycle, subject to certain
limitations and exceptions. A violation of this provision is an
infraction punishable by a fine not exceeding $100 for a first
conviction, and up to a $250 fine for a 3rd and subsequent conviction
occurring within one year of 2 or more prior infractions.
   This bill would recast this provision as to overtaking a bicycle
by requiring the driver of a motor vehicle overtaking a bicycle that
is proceeding in the same direction to pass to the left at a safe
distance, at a minimum clearance of 3 feet, without interfering with
the safe operation of the overtaken bicycle. The bill would make a
violation of this provision an infraction punishable by a $250 fine.
The bill would make it a misdemeanor or felony if a person operates a
motor vehicle in violation of the above requirement and that conduct
proximately causes great bodily injury, as defined, or death to the
bicycle operator.
   Because this bill would create a new crime and would expand the
scope of an existing crime, this bill would impose a state-mandated
local program.
   (2) Under existing law, a person may not operate a vehicle by
driving in a designated 2-way left-turn lane, as described, except
when preparing for or making a left turn from or on to a highway or
when preparing for or making a U-turn when otherwise permitted by
law.
   This bill would additionally allow a person to drive a vehicle in
a designated 2-way left-turn lane when overtaking and passing a
bicycle in order to comply with the driving requirements described in
(1).
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21460.5 of the Vehicle Code is amended to read:

   21460.5.  (a)  (1)    The Department of
Transportation and local authorities in their respective
jurisdictions may designate a two-way left-turn lane on a highway.
 A 
    (2)     A  two-way left-turn lane is a
lane near the center of the highway set aside for use by vehicles
making left turns in both directions from or  into 
 on to  the highway.
   (b)  Two-way   A two-way  left-turn
 lanes   lane  shall be designated by
distinctive roadway markings consisting of parallel double yellow
lines, interior line dashed and exterior line solid, on each side of
the lane. The Department of Transportation may determine and
prescribe standards and specifications governing length, width, and
positioning of the distinctive pavement markings. All pavement
markings designating a two-way left-turn lane shall conform to the
Department of Transportation's standards and specifications.
   (c)    (1)    A vehicle shall not be
driven in a designated two-way left-turn lane except  when
  as follows: 
    (A)     When  preparing for or making
a left turn from or  into   on to  a
highway  or when   . 
    (B)     When  preparing for or making
a U-turn when otherwise permitted by law  , and shall
  .  
   (C) When overtaking and passing a bicycle in order to comply with
Section 21750.1. 
    (2)     A vehicle shall  not be driven
in  that   the  lane  described in
paragraph (1)  for more than 200 feet while preparing for and
making the turn  or   , while overtaking and
passing a bicycle, or  while preparing to merge into the
adjacent lanes of travel.  A 
    (3)     A  left turn or U-turn shall
not be made from any other lane where a two-way left-turn lane has
been designated.
   (d) This section does not prohibit driving across a two-way
left-turn lane.
   (e) Raised pavement markers may be used to simulate the painted
lines described in this section when those markers are placed in
accordance with standards established by the Department of
Transportation.
  SEC. 2.  Section 21750 of the Vehicle Code is amended to read:
   21750.  The driver of a vehicle overtaking another vehicle
 or a bicycle  proceeding in the same direction
shall pass to the left at a safe distance without interfering with
the safe operation of the overtaken vehicle  or bicycle
 , subject to the limitations and exceptions hereinafter
stated.
  SEC. 3.  Section 21750.1 is added to the Vehicle Code, to read:
   21750.1.  (a) (1) The driver of a motor vehicle overtaking a
bicycle proceeding in the same direction shall pass to the left at a
safe distance, at a minimum clearance of three feet, without
interfering with the safe operation of the overtaken bicycle.
   (2) A violation of paragraph (1) is an infraction punishable by a
fine of two hundred fifty dollars ($250).
   (b) Whenever a person operates a motor vehicle in violation of
subdivision (a) and that conduct proximately causes great bodily
injury, as defined in Section 12022.7 of the Penal Code, or death to
the bicycle operator, the person driving the motor vehicle, upon
conviction, is punishable by imprisonment in the county jail or in a
state prison.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.