BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1464 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: lowenthal VERSION: 4/9/12 Analysis by: Eric Thronson FISCAL: yes Hearing date: April 17, 2012 SUBJECT: Passing of bicycles DESCRIPTION: This bill sets requirements for the safe passing of bicyclists by motor vehicles and establishes fines and penalties for failure to abide by these requirements. ANALYSIS: Existing law grants a cyclist all of the rights and subjects him or her to all of the laws applicable to the driver of a motor vehicle, except for those laws that by their very nature can have no application. In addition, existing law requires a cyclist travelling at a speed less than the normal speed of traffic moving in the same direction to ride as close as practicable to the right-hand side of the roadway except under certain circumstances, such as when passing another bicycle or vehicle. When passing a vehicle or bicycle proceeding in the same direction, existing law requires the driver of a vehicle to pass to the left "at a safe distance without interfering with the safe operation of the vehicle or bicycle." On a two-lane highway, a driver may not drive to the left of the center of the roadway in passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance to pass. If double parallel solid lines are in place, a driver may not drive to the left of those lines unless the driver is making a legal U-turn, turning left at an intersection or into or out of a driveway, or if signs have otherwise been erected to permit it. This bill : Allows a driver to cross solid yellow lines, as long as SB 1464 (LOWENTHAL) Page 2 otherwise safe to do so, when passing a bicycle travelling the same direction on a two-lane highway if the lanes are too narrow for both the vehicle and a bicycle to travel safely side by side. Specifies that a motor vehicle passing a bicycle travelling in the same direction must do so at a safe distance, and no closer than three feet. This bill includes an exception to this requirement, allowing vehicles to pass within three feet as long as the driver of the vehicle slows to a reasonable and prudent speed, having due regard for the size and speed of the motor vehicle, traffic conditions, weather, and highway conditions. Defines the penalty for the driver of a motor vehicle passing too close to a cyclist to be $35 (after all penalty assessments, fees, and surcharges are added, the total bail is $233), and $220 ($959 total bail) if a collision occurs that causes bodily injury to the cyclist. COMMENTS: 1.Purpose . The author states that current law requiring a motorist to "pass to the left at a safe distance" when passing a cyclist is vague and that this bill addresses that deficiency by defining a safe distance as three feet. The California Bicycle Coalition (CBC) is co-sponsoring this measure, along with Mayor Villaraigosa and the City of Los Angeles, "as a way to help protect people who ride bicycles for transportation and recreation on public streets and roads." Studies show that passing-from-behind collisions are the leading cause of bicyclist deaths, contributing about 40% of all bicycle deaths involved in motor collisions. The sponsor further explains that "by giving drivers clearer guidance on how to pass cyclists safely, SB 1464 will help prevent these types of collisions and thus save lives." Finally, solving this critical safety problem would also go a long way toward easing the concerns of many would-be cyclists and enable more of them to feel confident about choosing to ride a bicycle. 2.Enforceability . This bill requires both a driver and a law enforcement officer to judge the distance between the overtaking vehicle and a bicyclist as the driver of the vehicle passes, yet there is no practical way to measure three SB 1464 (LOWENTHAL) Page 3 feet from afar when two objects are moving. How can either be sure that the driver is not 3 feet, 3 inches away rather than 2 feet, 9 inches? What if a bicyclist inadvertently moves slightly toward the vehicle by a few inches or intentionally swerves toward it to avoid other hazards in the road, such as debris or a car door opening? Enforcing the three-foot buffer may prove challenging given the difficulties involved in measuring three feet. 3.Is three feet always "safe ?" By defining safe distance as three feet, this bill presupposes that three feet is always a safe distance. There may be instances, however, when three feet of clearance is inadequate and a driver should provide greater clearance to ensure a safe distance when passing. Examples include when a driver can see debris in the roadway that could conceivably cause a cyclist to veer or when there is a high turnover of vehicles parked along the side of the road. Safe passing is not solely determined by those conditions present at the moment a driver decides to pass, but those the driver anticipates could occur when he or she is actually passing. 4.Governor's veto . Except for one difference, this bill is essentially the same as SB 910 (Lowenthal), which this committee passed last year 6 to 3 on May 3, 2011, but which the governor ultimately vetoed. The governor indicated in his veto message that he wholeheartedly supports improving bicycle safety, and he believed last year's bill offered some needed and clear improvements to the law such as specifying a minimum passing buffer of three feet. The only concern the governor raised involved the provision of SB 910 which required passing cars to slow to 15 MPH. The author believes the governor's concern has been addressed in this bill by replacing the 15 MPH provision with language allowing a passing vehicle, should conditions require, to slow to a reasonable and prudent speed and pass within the three-foot margin. 5.Other states . According to information the CBC provided, approximately 20 states and the District of Columbia have enacted laws specifying a minimum passing distance of at least three feet for drivers overtaking cyclists. The first was Wisconsin in 1973. The majority of the others passed their laws in the last ten years, with at least two more states considering similar legislation this spring. 6.Technical amendment . SB 1464 (LOWENTHAL) Page 4 On page 4, line 30 strike out (a) and insert " (b), (c), or (d) " On page 4, line 35 strike out (a) and insert " (b), (c), or (d) " 1.Other recent legislation . In addition to SB 910, there have been two recent attempts to establish a three-foot passing law: AB 60 (Nava) in 2007, and AB 1941 (Nava) in 2006. Both measures died in the Assembly Transportation Committee. POSITIONS: (Communicated to the Committee before noon on Wednesday, April 11, 2012) SUPPORT: California Bicycle Coalition (co-sponsor) Mayor Villaraigosa and the City of Los Angeles (co-sponsor) The Automobile Club of Southern California Sierra Club California Local Government Commission Over 50 California Bicycle Clubs and Advocacy Groups Roughly 550 individuals OPPOSED: None received.