BILL NUMBER: AB 1371 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Bradford
FEBRUARY 22, 2013
An act to amend amend, repeal, and add
Section 21750 of, and to add Section 21750.1
21760 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. This bill would make these
provisions operative on September 16, 2014.
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:
SECTION 1. Section 21750 of the Vehicle Code is amended to read:
21750. (a) The driver of a vehicle
overtaking another vehicle or a bicycle proceeding in the
same direction shall pass to the left at a safe distance without
interfering with the safe operation of the overtaken
vehicle, vehicle or bicycle, subject to the
limitations and exceptions set forth in this article.
(b) This section shall become inoperative on September 16, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 2. Section 21750 is added to the
Vehicle Code , to read:
21750. (a) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left at a safe
distance without interfering with the safe operation of the overtaken
vehicle, subject to the limitations and exceptions set forth in this
article.
(b) This section shall become operative on September 16, 2014.
SEC. 2. SEC. 3. Section
21750.1 21760 is added to the Vehicle Code, to
read:
21750.1. 21760. (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 requirements
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.
(f) This section shall become operative on September 16, 2014.
SEC. 3. SEC. 4. 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.