BILL ANALYSIS Ó
AB 1371
Page 1
ASSEMBLY THIRD READING
AB 1371 (Bradford)
As Amended April 24, 2013
Majority vote
TRANSPORTATION 12-3 APPROPRIATIONS 12-5
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|Ayes:|Lowenthal, Achadjian, |Ayes:|Gatto, Bocanegra, |
| |Ammiano, Blumenfield, | |Bradford, |
| |Bonta, Buchanan, Daly, | |Ian Calderon, Campos, |
| |Frazier, Gatto, Holden, | |Eggman, Gomez, Hall, |
| |Nazarian, Quirk-Silva | |Ammiano, Pan, Quirk, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Linder, Morrell, |Nays:|Harkey, Bigelow, |
| |Patterson | |Donnelly, Linder, Wagner |
| | | | |
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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,
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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
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)Prohibits, generally, 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
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for a bicycle and a vehicle to travel safely side by side
within the lane.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the bill would result in minor absorbable
non-reimbursable costs to local law enforcement which would be
offset, to some extent, by fine revenues.
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.
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 is 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
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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 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
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, he acknowledged
concerns raised by the California Department of Transportation
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(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
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.
This bill 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
set requirements for the safe passing of bicyclists by motor
vehicles and established 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.
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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
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.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916)
319-2093
FN: 0000480