Amended in Senate August 20, 2013

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 tobegin delete amendend deletebegin insert amend, repeal, and addend insert Section 21750 of, and to add Sectionbegin delete 21750.1end deletebegin insert 21760end insert to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

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

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 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.begin insert This bill would make these provisions operative on September 16, 2014.end insert

Because this bill would create a new crime, 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:

P2    1

SECTION 1.  

Section 21750 of the Vehicle Code is amended
2to read:

3

21750.  

begin insert(a)end insertbegin insertend insert The driver of a vehicle overtaking another vehicle
4begin insert or a bicycleend insert proceeding in the same direction shall pass to the left
5at a safe distance without interfering with the safe operation of the
6overtakenbegin delete vehicle,end deletebegin insert vehicle or bicycle,end insert subject to the limitations and
7exceptions set forth in this article.

begin insert

8(b) This section shall become inoperative on September 16,
92014, and, as of January 1, 2015, is repealed, unless a later
10enacted statute, that becomes operative on or before January 1,
112015, deletes or extends the dates on which it becomes inoperative
12and is repealed.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 21750 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
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begin insert21750.end insert  

(a) The driver of a vehicle overtaking another vehicle
2proceeding in the same direction shall pass to the left at a safe
3distance without interfering with the safe operation of the overtaken
4vehicle, subject to the limitations and exceptions set forth in this
5article.

6(b) This section shall become operative on September 16, 2014.

end insert
7

begin deleteSEC. 2.end delete
8begin insertSEC. 3.end insert  

Sectionbegin delete 21750.1end deletebegin insert 21760end insert is added to the Vehicle Code,
9to read:

10

begin delete21750.1.end delete
11begin insert21760.end insert  

(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 thebegin delete provisionsend deletebegin insert requirementsend insert of this article
16applicable to overtaking and passing a vehicle, and shall do so at
17a safe distance that does not interfere with the safe operation of
18the overtaken bicycle, having due regard for the size and speed of
19the motor vehicle and the bicycle, traffic conditions, weather,
20visibility, and 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.

begin insert

39(f) This section shall become operative on September 16, 2014.

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



O

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