BILL NUMBER: SB 1464	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 24, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 24, 2012

   An act to amend Sections 21460 and 21750 of, and to add Section
21750.1 to, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1464, as amended, Lowenthal. Vehicles: bicycles: passing
distance.
   (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 and passing
a bicycle by requiring, with specified exceptions, the driver of a
motor vehicle overtaking and passing a bicycle that is proceeding in
the same direction on a highway to pass in compliance with specified
requirements applicable to overtaking and passing a vehicle, and to
do so at a safe distance that does not interfere with the safe
operation of the overtaken bicycle, having due regard for the size
and speed of the motor vehicle and the bicycle, traffic conditions,
weather, and the surface and width of the highway. The bill would
prohibit, with specified exceptions, the driver of the motor vehicle
that is overtaking or passing a bicycle proceeding in the same
direction on a highway from passing at a distance of less than 3 feet
between any part of the motor vehicle and any part of the bicycle or
its operator. The bill would make a violation of  this
provision   these provisions  an infraction
punishable by a $35 fine. The bill would also require the imposition
of a $220 fine on a driver if a collision occurs between a motor
vehicle and a bicyclist causing bodily harm to the bicyclist, and the
driver is found to be in violation of the above provisions.
   (2) Existing law prohibits a person from driving a vehicle to the
left of double parallel solid lines, or double parallel lines, one of
which is broken, except as provided. Notwithstanding that
prohibition, existing law permits a driver to cross those double
parallel lines if the driver is turning to the left at any
intersection or into or out of a driveway or private road or making a
U-turn under the rules governing that turn.
   This bill would prohibit a person driving a vehicle from crossing
over any part of any double parallel solid white lines except in the
above situations or when entering or exiting designated areas of
exclusive or preferential use lanes, as provided. The bill would
permit a driver of a motor vehicle to cross double parallel lines in
a substandard width lane, as described, to pass a person operating a
bicycle in the same direction, if in compliance with a specified
provision.
   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.
   (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 of the Vehicle Code is amended to read:
   21460.  (a) If double parallel solid yellow lines are in place a
person driving a vehicle shall not drive to the left of those lines,
except as permitted in this section.
   (b) If double parallel solid white lines are in place, a person
driving a vehicle shall not cross any part of those double solid
white lines, except as permitted in this section or Section 21655.8.
   (c) If double parallel lines, one of which is broken, are in
place, a person driving a vehicle shall not drive to the left of
those lines, except as follows:
   (1) If the driver is on the side of the roadway in which the
broken line is in place, the driver may cross over the double lines
or drive to the left of the double lines if the driver is overtaking
or passing other vehicles.
   (2) As provided in Section 21460.5.
   (d) (1) The markings, as specified in subdivision (a), (b), or
(c), do not prohibit a driver from crossing the markings, if either
of the following applies:
   (A) The driver is turning to the left at an intersection or into
or out of a driveway or private road.
   (B) The driver is making a U-turn under the rules governing that
turn.
   (2) The markings, as specified in subdivision (a), (b), or (c),
shall be disregarded if authorized signs have been erected
designating off-center traffic lanes as permitted under Section
21657.
   (e) Raised pavement markers may be used to simulate painted lines
described in this section if the markers are placed in accordance
with standards established by the Department of Transportation.
   (f) (1) The driver of a motor vehicle in a substandard width lane
on a two-lane highway may drive to the left of either of the markings
specified in subdivision (a) or (c) to pass a person operating a
bicycle proceeding in the same direction if in compliance with
Section 21751.
   (2) For purposes of this subdivision, a "substandard width lane"
means a lane that is too narrow for a bicycle and a vehicle to travel
safely side by side within the lane.
  SEC. 2.  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 set forth in this
article.
  SEC. 3.  Section 21750.1 is added to the Vehicle Code, to read:
   21750.1.  (a) This section shall be known and maybe cited as the
"Three Feet for Safety Act."
   (b) The driver of a motor vehicle overtaking and passing a bicycle
that is proceeding in the same direction on a highway shall pass in
compliance with the provisions of this article applicable to
overtaking and passing a vehicle, and shall do so at a safe distance
that does not interfere with the safe operation of the overtaken
bicycle, having due regard for the size and speed of the motor
vehicle and the bicycle, traffic conditions, weather, and the surface
and width of the highway.
   (c) A driver of a motor vehicle shall not overtake or pass a
bicycle proceeding in the same direction on a highway at a distance
of less than three feet between any part of the motor vehicle and any
part of the bicycle or its operator.
   (d) If the driver of a motor vehicle is unable to comply with
subdivision (c) of this section or paragraph (1) of subdivision (f)
of Section 21460 due to a substandard width lane, as defined in
paragraph (2) of subdivision (f) of Section 21460, or other traffic
or roadway conditions, the driver shall slow to a speed that is
reasonable and prudent, having due regard for the size and speed of
the motor vehicle and bicycle, traffic conditions, weather, and
surface and width of the highway, and pass at a distance of less than
three feet in a manner that does not endanger the safety of the
operator of the bicycle and that provides the maximum feasible
distance between the motor vehicle and the bicycle and its operator.
   (e) (1) A violation of subdivision  (a)  
(b), (c), or (d)  is an infraction punishable by a fine of
thirty-five dollars ($35).
   (2) If a collision occurs between a motor vehicle and a bicycle
causing bodily injury to the operator of the bicycle, and the driver
of the motor vehicle is found to be in violation of subdivision
 (a)   (b), (c), or (d)  , a
two-hundred-twenty-dollar ($220) fine shall be imposed on that
driver.
  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.