BILL ANALYSIS Ó
SB 1464
Page 1
Date of Hearing: June 25, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 1464 (Lowenthal) - As Amended: June 20, 2012
SENATE VOTE : 27-6
SUBJECT : Bicycles: passing distance.
SUMMARY : Sets requirements for safe passing of bicyclists by
motor vehicles. Specifically, this bill :
1)Authorizes drivers on a two-lane highway to drive to the left
of double solid yellow or double solid white lines or double
parallel lines, one of which is broken, to pass a bicyclist
proceeding in the same direction as long as there is clear
visibility of oncoming traffic and there is sufficient passing
distance.
2)Establishes the "Three Feet for Safety Act" that requires:
a) A driver overtaking and passing a bicycle proceeding in
the same direction on a highway to do so at a safe distance
that does not interfere with the safe operation of the
bicycle;
b) A driver to provide three feet distance between the
vehicle and the bicycle or its operator when passing; and,
c) A driver to slow to a reasonable and prudent speed when
passing a bicyclist if the driver is unable to provide the
minimum three-foot passing distance due to traffic or
roadway conditions.
3)Makes failure to comply with the "Three Feet for Safety Act"
an infraction punishable by a base fine of $35.
4)Requires a $220 fine to be imposed on the driver of the motor
vehicle who is found to be in violation of the "Three Feet for
Safety Act" that a collision occurs between a motor vehicle
and a bicycle causing bodily injury to the bicyclist.
5)Makes related, clarifying changes.
SB 1464
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EXISTING LAW
1)Provides that a person riding a bicycle upon a highway has all
rights and is subject to all laws applicable to the driver of
a vehicle.
2)Requires a bicyclist riding on a roadway 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 curb or edge of
the roadway except:
a) When overtaking and passing another bicycle or
vehicle proceeding in the same direction;
b) When preparing for a left turn at an intersection or
into a private road or driveway;
c) When reasonably necessary to avoid conditions that
make it unsafe to ride along the right-hand curb or edge;
and,
d) When approaching a place where a right turn is
authorized.
3)Generally prohibits a driver from driving to the left of
double parallel solid white or yellow lines.
4)Defines a substandard lane width as a lane that is too narrow
for a bicycle and a vehicle to travel safely side by side
within the lane.
FISCAL EFFECT : Unknown.
COMMENTS : This bill is substantially similar to SB 910,
(Lowenthal, 2011) that was passed by the Legislature but vetoed
by the Governor. SB 910 set the requirement that drivers
provide a three-foot passing distance when overtaking and
passing a bicyclist and established fines and penalties for
failure to abide by these requirements. The bill also included
the provision that if the three-foot passing distance could not
be provided, vehicles were required to slow to a speed of 15
miles per hour (mph) in order to complete the passing maneuver.
In his veto message, the Governor noted that while the bill
offered clear improvements to the law, he acknowledged concerns
raised by the California Department of Transportation (Caltrans)
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and the California Highway Patrol (CHP) that the slow passing
speed could increase rear-end collisions and create traffic
backups. The Governor encouraged the author work with the
proponents and opponents of the bill to resolve these issues.
SB 1464 represents the product of these negotiations between the
parties.
In years past, streets were designed primarily for the ease and
movement of motor vehicles, with little regard of other modes of
transportation such as pedestrians and bicyclists. In 2008, the
Legislature passed the California Complete Streets Act that, in
part, required roadways to be designed to safely accommodate all
users, including bicyclists, pedestrians, transit riders,
children, older people, and disabled people, as well as
motorists.
By introducing this legislation, the author intends to make
streets safer and more user-friendly for bicyclists by removing
ambiguity in current law regarding a motor vehicle's
responsibility when passing a bicycle. The author notes
bicyclists often face dangerous conditions on California's
streets and roads due to motorists passing too closely. When
this happens, even the slightest movement by the motorist or
bicyclist can result in accidents wherein the bicyclist often
suffers catastrophic injuries or death.
To reduce accidents that result from motor vehicles passing
bicyclists too closely, this bill would require motorists to
pass bicyclists with three feet or more of space between the
vehicle and the bicyclist where possible. Motorists would be
authorized cross a solid double yellow or double white line,
when safe to do so, to accommodate meeting the three-foot
passing distance requirement. When unable to cross a solid
double yellow white line or provide the minimum three-foot
passing distance due to traffic or roadway condition, motorists
would be required to slow to a reasonable and prudent speed when
passing.
According to the author, 17 states now have a three-foot bicycle
passing law including Arizona, Arkansas, Colorado, Connecticut,
Florida, Illinois, Kansas, Louisiana, Maine, Maryland,
Minnesota, Mississippi, New Hampshire, Oklahoma, Tennessee,
Utah, and Wisconsin.
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Writing in support of this bill, the co-sponsor, the Office of
City of Los Angeles Mayor Antonio Villaraigosa, notes that the
bill would increase roadway safety, bring clarity to existing
law, and make bicyclists feel safer. By accomplishing this, the
bill would make the City of Los Angeles a safer place to ride a
bicycle. The Auto Club of Southern California, who opposed a
similar bill introduced by the author last year (SB 910, 2011),
are now in support of the legislation and note that the bill,
along with adequate enforcement and effective education efforts,
will help to achieve safer streets and highways.
Recent legislation : SB 910, (Lowenthal, 2011), would have
established a minimum three-foot passing distance and required
vehicles to slow to 15 mph when passing a bicyclist with less
than three feet of passing distance. The bill was vetoed by the
Governor.
AB 60 (Nava) of 2008, would have required drivers to pass
bicyclists with a minimum clearance of three feet, a violation
of which would have been an infraction punishable by a $250
fine. In addition, AB 60 would have made it a misdemeanor or
felony if the person operating the motor vehicle in violation of
the above requirement caused great bodily harm to the bicycle
operator. That bill died in the Assembly Transportation
Committee.
AB 1941 (Nava) of 2006, would have prohibited a vehicle from
driving in a designated two-way left-turn lane, for purposes of
overtaking and passing a bicycle or merging into adjacent lanes
of travel. In addition, AB 1941 would have required motor
vehicle drivers to leave a minimum three foot clearance when
passing a bicyclist with violations assessed with base fine of
$250. In addition, AB 1941 would have made it a felony or a
misdemeanor, upon conviction, for a person driving a motor
vehicle to cause great bodily injury or death to the bicyclist.
That bill failed passage in the Assembly Transportation
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Bicycle Coalition (co-sponsor)
Mayor Villaraigosa and the City of Los Angeles (co-sponsor)
Butte Bicycle Coalition
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Automobile Club of Southern California
Ryan Snyder Associates
San Louis Obispo Bicycle Club
Sierra Club California
Local Government Commission
50 California Bicycle Clubs and Advocacy Groups
460 Individuals
Opposition
1 Individual
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093