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 intoon to the highway. (b) Two-wayA two-way left-turn laneslane 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 whenas follows: (A) When preparing for or making a left turn from or intoon 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 thatthe 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 bicycleproceeding 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.