Amended in Senate June 26, 2013

Amended in Assembly April 24, 2013

Amended in Assembly April 8, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1371


Introduced by Assembly Member Bradford

February 22, 2013


An act to amendbegin delete Sections 21460 andend deletebegin insert Sectionend insert 21750 of, and to add Section 21750.1 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1371, as amended, Bradford. Vehicles: bicycles: passing distance.

begin delete

(1) Under

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begin insert Underend insert 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 enact the Three Feet for Safety Act, which would require 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.

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(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 under certain circumstances, including when 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 delete
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This bill would permit a driver of a motor vehicle to cross double parallel solid lines or double parallel lines, one of which is broken, to pass a person operating a bicycle in the same direction, if in compliance with a specified provision and specified conditions are met.

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Because this bill would create a newbegin delete crime and would expand the scope of an existing crime,end deletebegin insert crime,end insert this bill would impose a state-mandated local program.

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:

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P2    1

SECTION 1.  

Section 21460 of the Vehicle Code is amended
2to read:

3

21460.  

(a) If double parallel solid yellow lines are in place, a
4person driving a vehicle shall not drive to the left of those lines,
5except as permitted in this section.

P3    1(b) If double parallel solid white lines are in place, a person
2driving a vehicle shall not cross any part of those double solid
3white lines, except as permitted in this section or in Section
421655.8.

5(c) If double parallel lines, one of which is broken, are in place,
6a person driving a vehicle shall not drive to the left of those lines,
7except as follows:

8(1) If the driver is on the side of the roadway in which the broken
9line is in place, the driver may cross over the double lines or drive
10to the left of the double lines if the driver is overtaking or passing
11other vehicles.

12(2) As provided in Section 21460.5.

13(d) (1) The markings, as specified in subdivision (a), (b), or
14(c), do not prohibit a driver from crossing the markings, if either
15of the following applies:

16(A) The driver is turning to the left at an intersection or into or
17out of a driveway or private road.

18(B) The driver is making a U-turn under the rules governing
19that turn.

20(2) The markings, as specified in subdivision (a), (b), or (c),
21shall be disregarded if authorized signs have been erected
22designating off-center traffic lanes as permitted under Section
2321657.

24(e) Raised pavement markers may be used to simulate painted
25lines described in this section if the markers are placed in
26accordance with standards established by the Department of
27Transportation.

28(f) The driver of a motor vehicle on a two-lane highway may
29drive to the left of either of the markings specified in subdivision
30(a) or (c) to pass a person operating a bicycle proceeding in the
31same direction if in compliance with Section 21751 and if both of
32the following conditions are met:

33(1) The left side of the road is clearly visible and free of
34oncoming traffic for a sufficient distance ahead to permit
35overtaking and passing of the bicycle to be completely made
36without interfering with the safe operation of any vehicle
37approaching from the opposite direction.

38(2) The driver operates the motor vehicle to the left of either of
39the markings specified in subdivision (a) or (c) only to the extent
40reasonably necessary to comply with Section 21750.1.

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P4    1

begin deleteSEC. 2.end delete
2begin insertSECTION 1.end insert  

Section 21750 of the Vehicle Code is amended
3to read:

4

21750.  

The driver of a vehicle overtaking another vehicle
5proceeding in the same direction shall pass to the left at a safe
6distance without interfering with the safe operation of the overtaken
7vehicle, subject to the limitations and exceptions set forth in this
8article.

9

begin deleteSEC. 3.end delete
10begin insertSEC. 2.end insert  

Section 21750.1 is added to the Vehicle Code, to read:

11

21750.1.  

(a) This section shall be known and may be cited as
12the Three Feet for Safety Act.

13(b) The driver of a motor vehicle overtaking and passing a
14bicycle that is proceeding in the same direction on a highway shall
15pass in compliance with the provisions of this article applicable
16to overtaking and passing a vehicle, and shall do so at a safe
17distance that does not interfere with the safe operation of the
18overtaken bicycle, having due regard for the size and speed of the
19motor vehicle and the bicycle, traffic conditions, weather, visibility,
20and the surface and width of the highway.

21(c) A driver of a motor vehicle shall not overtake or pass a
22bicycle proceeding in the same direction on a highway at a distance
23of less than three feet between any part of the motor vehicle and
24any part of the bicycle or its operator.

25(d) If the driver of a motor vehicle is unable to comply with
26subdivision (c), due to traffic or roadway conditions, the driver
27shall slow to a speed that is reasonable and prudent, and may pass
28only when doing so would not endanger the safety of the operator
29of the bicycle, taking into account the size and speed of the motor
30vehicle and bicycle, traffic conditions, weather, visibility, and
31surface and width of the highway.

32(e) (1) A violation of subdivision (b), (c), or (d) is an infraction
33punishable by a fine of thirty-five dollars ($35).

34(2) If a collision occurs between a motor vehicle and a bicycle
35causing bodily injury to the operator of the bicycle, and the driver
36of the motor vehicle is found to be in violation of subdivision (b),
37(c), or (d), a two-hundred-twenty-dollar ($220) fine shall be
38imposed on that driver.

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begin deleteSEC. 4.end delete
2begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



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