BILL ANALYSIS Ó
AB 1371
Page 1
Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1371 (Bradford) - As Amended: April 24, 2013
Policy Committee:
TransportationVote:12-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill creates standards for vehicles attempting to pass
bicycles and penalties for violations. Specifically, this bill:
1)Requires a driver passing a bicycle to do so in a way that
does not interfere with the safe operation of the bicycle and
at a distance of no less than three feet between any part of
the vehicle and bicycle. A driver unable to comply with these
requirements due to traffic or road conditions must slow to a
prudent speed, and then pass only when able to comply.
2)Stipulates that a violation of any of the requirements in (1)
is an infraction punishable by a $35 fine and a fine of $220
for a driver involved in a collision causing bodily harm to a
bicyclist.
3)Authorizes a driver on a two-lane highway to drive to the left
of a double solid yellow pavement marking or other similar
markings to pass a bicyclist proceeding in the same direction
under specified conditions.
FISCAL EFFECT
Minor absorbable non-reimbursable costs to local law
enforcement, offset to some extent by fine revenues.
COMMENTS
1)Purpose . 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
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by the motorist or bicyclist can result in accidents where,
typically, the bicyclist suffers catastrophic injuries or
death. 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.
Los Angeles Mayor Antonio R. Villaraigosa is sponsoring this
bill to require motorists to provide bicyclists with a
three-foot buffer zone when passing. The author and the
sponsor believe 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.
2)Current 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 is 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.
AB 1371 requires 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.
3)Recent Legislation . AB 1371 is substantially similar to SB
1464 (Lowenthal) of 2012 and SB 910 (Lowenthal) of 2011, both
of which were vetoed. SB 910 required 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. The Governor noted the bill offered
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clear improvements, but acknowledged concerns raised by
Caltrans and the CHP that the slow passing speed could
increase rear-end collisions and create traffic backups. The
Governor encouraged the author to work with proponents and
opponents of this bill to resolve these issues.
To address the Governor's concerns regarding SB 910, SB 1464
deleted the 15 mph provision 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 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 to 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.
The prior version of AB 1371 contained language recommended by
the Governor to address Caltrans' liability concerns.
According to the author, several groups expressed concerns
with this language, thus he agreed that it be removed in the
policy committee while he continues to work with interested
parties to reach a suitable compromise.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081