BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1371
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          Date of Hearing:   April 22, 2013

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                   AB 1371 (Bradford) - As Amended:  April 24, 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 if:

             a)   The left side of the road is clearly visible and free of  
               oncoming traffic for a sufficient distance to permit the  
               passing without interfering with the safe operation of  
               vehicles approaching from the opposite direction, and,

             b)   The driver operates to the left of the pavement markings  
               only as long as reasonable necessary to complete the  
               passing maneuver.  

          1)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. 

          2)Makes failure to comply with the "Three Feet for Safety Act"  
            an infraction punishable by a base fine of $35.  

          3)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  








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            and a bicycle causing bodily injury to the bicyclist.  

          4)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  








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          Los Angeles sponsored numerous public awareness campaigns to  
          curb this behavior.  

          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 is 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.  









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          This bill would require a driver of a motor vehicle passing a  
          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 as long the left side of  
          the road is clearly visible and free of oncoming traffic for a  
          sufficient distance to allow the passing maneuver to be  
          completed without interfering with the safe operation of  
          vehicles approaching from the opposite direction and that the  
          driver operates on the left side only as long as is necessary to  
          complete the passing maneuver.  

          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 cross 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  








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          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 now  
          incorporates language that more clearly outlines when a vehicle  
          would be allow to cross over double yellow or double white line  
          pavement markings.  Specifically, these maneuvers would only be  
          authorized when the left side of the road is clearly visible and  
          free of oncoming traffic for a sufficient distance to permit  
          overtaking and passing without interfering with the safe  
          operation of vehicles approaching from the opposite direction  
          and that operating on the left side of double yellow or white  
          pavement markings may only be performed to the extent that is  
          reasonably necessary to complete the passing maneuver.   
           
           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  








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          of travel.  In addition, AB 1941 would have required motor  
          vehicle drivers to leave a minimum three foot clearance when  
          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