BILL ANALYSIS Ó
AB 1371
Page 1
Date of Hearing: April 22, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1371 (Bradford) - As Amended: April 8, 2013
SUBJECT : Bicycles: passing distance
SUMMARY : Sets requirements for safe passing of bicyclists by
motor vehicles. Specifically, this bill :
1)Authorizes drivers on two-lane highways to drive to the left
of double solid yellow or other similar pavement markings to
pass a bicyclist proceeding in the same direction under
certain conditions.
2)Specifies that if a driver who crosses to the left of double
solid yellow or other similar pavement markings to pass a
bicyclist is involved in a collision, the driver is solely
liable for damages suffered by any person involved in the
accident, regardless of roadway conditions.
3)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.
4)Makes failure to comply with the "Three Feet for Safety Act"
an infraction punishable by a base fine of $35.
5)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.
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6)Makes related, clarifying amendments.
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 motor 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.
1)Generally prohibits a driver of a motor vehicle from driving
to the left of double parallel solid white or yellow lines.
2)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 :
According to the author, bicyclists continue to be subject to
harassment by aggressive drivers who drive too close to them.
When this happens, even the slightest movement by the motorist
or bicyclist can result in accidents where, typically, the
bicyclist suffers catastrophic injuries or death. The author
notes that this driving behavior leads to thousands of accidents
annually in Los Angeles alone despite the fact that the City of
Los Angeles sponsored numerous public awareness campaigns to
curb this behavior.
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Therefore, the City of Los Angeles is sponsoring this bill which
would require motorists to provide bicyclists with a three-foot
buffer zone when passing. The author and the sponsor believe
that this bill will help make streets safer and more
user-friendly for bicyclists by removing ambiguity in current
law regarding a motor vehicle's responsibility to provide a safe
passing distance for bicyclists.
Under current law, a person riding a bicycle at a speed less
than the normal speed of traffic but moving in the same
direction as traffic is required to ride "as close" as
practicable to the right-hand curb or edge of the roadway"
except when the bicyclist is passing another bicycle, preparing
to turn left at an intersection or driveway, or when reasonably
necessary to avoid conditions that make it unsafe to ride along
the right-hand edge of the curb (for example if there are parked
cars or other obstructions in the roadway). When passing a
bicycle that is proceeding in the same direction as traffic, a
driver of a motor vehicle is required to pass the bicycle on the
left at a safe distance without interfering with the safe
operation of the vehicle or bicycle.
Road surface marking are used to convey official information
about passing and lane changes. Generally, single broken lines
mean passing or lane changing is allowed while a single solid
white line mean that passing or lane changing is discouraged but
not prohibited while double solid white or yellow lines mean
passing or lane changing is prohibited. Existing law prohibits
a vehicle from driving to the left of the center of the roadway
when passing another vehicle proceeding in the same direction
unless the left side is clearly visible and free of oncoming
traffic for a sufficient distance. When visibility is
unobstructed, the pavement typically are marked with a broken
white line which denotes that passing is allowed. If double
parallel solid lines are in place, this typically means there is
insufficient sight distance and, therefore, the motorist is
prohibited from driving to the left of the lines unless the
driver is making a legal U-turn, turning left at an intersection
or into or out of a driveway, or if signs have otherwise been
erected to permit it.
This bill would require a driver of a motor vehicle passing a
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bicycle that is proceeding in the same direction to pass the
bicycle on the left and provide a minimum clearance of three
feet. If the width of the lane does not allow the driver of the
vehicle to provide this three-foot distance, the bill specifies
that the driver of the vehicle may cross over a double yellow
line (or other similar pavement marking) to provide the
bicyclist with the three-foot distance.
This bill is substantially similar to SB 1464 (Lowenthal) of
2012 and SB 910 (Lowenthal) of 2011 both of which were passed by
the Legislature but were 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. That
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 in order to complete the passing
maneuver. In his veto message, the Governor noted that while
the bill offered clear improvements to the law, but he
acknowledged concerns raised by the California Department of
Transportation (Caltrans) 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 to work with the proponents and opponents of this
bill to resolve these issues.
SB 1464 included amendments to address the concerns raised by
the Governor about SB 910. Specifically, SB 1464 deleted the
requirement that cars slow to a speed of 15 mph when passing a
bicyclist in cases when the three-foot passing distance could
not be accommodated and instead authorized drivers to pass over
double yellow lines and other similar pavement markings (into
oncoming lanes) on two-lane highways in order to pass a
bicyclist travelling in same direction and maintain the three
foot passing distance. SB 1464 was also vetoed by the Governor,
this time on the grounds that authorizing cars to cross the
double yellow line could result in head-on collisions for which
Caltrans may be held liable since the law would explicitly
authorize this inherently dangerous driving maneuver. The
Governor noted that Caltrans had proposed a solution that would
insulate the state from costly lawsuits while still providing
the three-foot buffer for bicyclists and urged that this
language be included in future legislation.
AB 1371 contains the same language as SB 1464 but incorporates
AB 1371
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language recommended by the Governor to address Caltrans'
liability concerns. Specifically, the amendment provides that
if a driver is involved in a collision that results from them
crossing over double yellow parallel line pavement markings to
pass a bicyclist, the driver is solely liable for any damages
suffered by as a result of the collision, regardless of roadway
conditions. According to the author's office, the language was
provided by Caltrans at the Governor's request and therefore
fully satisfies concerns respect to SB 1464.
Author's amendments: According to the author, several groups
have expressed concerns with the language provided by Caltrans
regarding driver liability. Therefore, the author intends to
amend this bill in committee to remove the language while he
continues to work with interested parties to reach a suitable
compromise.
Previous legislation : SB 1464 (Lowenthal) of 2012 would have
sets requirements for the safe passing of bicyclists by motor
vehicles and establishes fines and penalties for failure to
abide by these requirements. That bill was vetoed by the
Governor on the grounds that the bill authorized a dangerous
maneuver (crossing double yellow pavement markings) and would
weaken the state's defense to lawsuits.
SB 910 (Alan Lowenthal) of 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. That 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
AB 1371
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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
Antonio R. Villaraigosa, Mayor of Los Angeles (sponsor)
LibraryBikes.org
Opposition
None on file
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093