BILL NUMBER: AB 60 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 5, 2007
INTRODUCED BY Assembly Member Nava
DECEMBER 4, 2006
An act to amend Sections 21460.5 and
Section 21750 of, and to add Section 21750.1 to, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 60, as amended, 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 a
significant or substantial physical 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)
(2) 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.
(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 on to the highway.
(b) A two-way left-turn 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 as follows:
(A) When preparing for or making a left turn from or on to a
highway.
(B) When preparing for or making a U-turn when otherwise permitted
by law.
(C) When overtaking and passing a bicycle in order to comply with
Section 21750.1.
(2) A vehicle shall not be driven in the lane described in
paragraph (1) for more than 200 feet while preparing for and making
the turn, while overtaking and passing a bicycle, or while preparing
to merge into the adjacent lanes of travel.
(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 1. Section 21750 of
the Vehicle Code is amended to read:
21750. The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left at a safe
distance without interfering with the safe operation of the overtaken
vehicle, subject to the limitations and exceptions
hereinafter stated set forth in this article .
SEC. 3. SEC. 2. 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. SEC. 3. 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.