Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1371

Introduced by Assembly Member Bradford

February 22, 2013

An act to begin delete amend Section 16000 of the Business and Professions Code, relating to business regulations. end delete begin insert amend Sections 21460 and 21750 of, and to add Section 21750.1 to, the Vehicle Code, relating to vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1371, as amended, Bradford. begin delete Business regulation. end delete begin insert Vehicles: bicycles: passing distance. end insert

begin insert

(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.

end insert begin insert

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 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.

end insert begin insert

(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.

end insert begin insert

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 to pass a person operating a bicycle in the same direction, if in compliance with a specified provision.

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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.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law permits the legislative body of an incorporated city, in the exercise of its police power, to license any kind of business not prohibited by law transacted and carried on within its jurisdiction. Existing law prohibits the application of these license fees, if the fee is measured by the licensee’s income or gross receipts, to specified nonprofit organizations, among others.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 21460 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

21460.  

(a) If double parallel solid yellow lines are in place, a
person driving a vehicle shall not drive to the left of begin delete the end delete begin insert those end insert 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 begin delete the end delete double parallel lines, one of which is broken, are in
place, a person driving a vehicle shall not drive to the left of begin delete the end delete
begin insert those end insert 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 begin delete when end delete begin insert if the driver is end insert overtaking or
passing other vehicles.

(2) As provided in Section 21460.5.

(d)  begin insert (1) end insert begin insert   end insert The markings begin insert , end insert as specified in subdivision (a), (b), or
(c) begin insert , end insert do not prohibit a driver from crossing the begin delete marking if (1) turning
to the left at an intersection or into or out of a driveway or private
road, or (2) making a U-turn under the rules governing that turn,
and the markings shall be disregarded when authorized signs have
been erected designating offcenter traffic lanes as permitted
pursuant to Section 21657. end delete begin insert markings, if either of the following
applies: end insert

begin insert

(A) The driver is turning to the left at an intersection or into or
out of a driveway or private road.

end insert begin insert

(B) The driver is making a U-turn under the rules governing
that turn.

end insert begin insert

(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.

end insert

(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.

begin insert

(f) The driver of a motor vehicle 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 and if both of
the following conditions are met:

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(1) The left side of the road is clearly visible and free of
oncoming traffic for a sufficient distance ahead to permit
overtaking and passing of the bicycle to be completely made
without interfering with the safe operation of any vehicle
approaching from the opposite direction.

end insert begin insert

(2) The driver operates the motor vehicle to the left of either of
the markings specified in subdivision (a) or (c) only to the extent
reasonably necessary to comply with Section 21750.1.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 21750 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

21750.  

The driver of a vehicle overtaking another vehicle begin delete or
a bicycle end delete proceeding in the same direction shall pass to the left at
a safe distance without interfering with the safe operation of the
overtaken vehicle begin delete or bicycle end delete , subject to the limitations and
exceptions begin delete hereinafter stated end delete begin insert set forth in this article end insert .

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 21750.1 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 21750.1. end insert   

(a) This section shall be known and may be 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, visibility,
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), due to traffic or roadway conditions, the driver
shall slow to a speed that is reasonable and prudent, and may pass
only when doing so would not endanger the safety of the operator
of the bicycle, taking into account the size and speed of the motor
vehicle and bicycle, traffic conditions, weather, visibility, and
surface and width of the highway.

(e) (1) A violation of subdivision (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 (b),
(c), or (d), a two-hundred-twenty-dollar ($220) fine shall be
imposed on that driver.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

 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.

end insert

begin delete

SECTION 1.  

Section 16000 of the Business and Professions
Code is amended to read:

16000.  

(a) The legislative body of an incorporated city may,
in the exercise of its police power, and for the purpose of
regulation, as herein provided, and not otherwise, license any kind
of business not prohibited by law transacted and carried on within
the limits of its jurisdiction, including all shows, exhibitions and
lawful games, and may fix the rates of the license fee and provide
for its collection by suit or otherwise. Any legislative body,
including the legislative body of a charter city, that fixes the rate
of license fees pursuant to this subdivision upon a business
operating both within and outside the legislative body’s taxing
jurisdiction, shall levy the license fee so that the measure of the
fee fairly reflects that proportion of the activity actually carried
on within the taxing jurisdiction.

(b) A license fee levied pursuant to subdivision (a) that is
measured by the licensee’s income or gross receipts, whether levied
by a charter or general law city, shall not apply to any nonprofit
organization that is exempted from taxes by Chapter 4
(commencing with Section 23701) of Part 11 of Division 2 of the
Revenue and Taxation Code or Subchapter F (commencing with
Section 501) of Chapter 1 of Subtitle A of the Internal Revenue
Code of 1986, or the successor of either, or to any minister,
clergyman, Christian Science practitioner, rabbi, or priest of any
religious organization that has been granted an exemption from
federal income tax by the United States Commissioner of Internal
Revenue as an organization described in Section 501(c)(3) of the
Internal Revenue Code or a successor to that section.

(c) Before a city, including a charter city, issues a business
license to a person to conduct business as a contractor, as defined
in Section 7026, the city shall verify that the person is licensed by
the Contractors’ State License Board.

end delete