BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 1371
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: bradford
VERSION: 4/24/13
Analysis by: Erin Riches FISCAL: yes
Hearing date: June 25, 2013
SUBJECT:
Bicycles: passing distance
DESCRIPTION:
This bill establishes the "Three Feet for Safety Act," which
creates requirements for the safe passing of bicyclists by motor
vehicles and establishes fines and penalties for drivers who
fail to abide by these requirements.
ANALYSIS:
Existing law:
Prohibits a driver from driving to the left of double solid
parallel yellow or white lines except under very limited
circumstances such as passing another vehicle or entering a
two-way left turn lane.
Requires a driver who is passing another vehicle or a bicycle
proceeding in the same direction to pass to the left at a safe
distance without interfering with the safe operation of the
overtaken vehicle or bicycle.
Provides that a bicyclist has all the rights and is subject to
all laws applicable to drivers of motor vehicles.
Generally requires a bicyclist who is riding in a bicycle lane
at less than the normal speed of traffic moving in the same
direction to ride within the bicycle lane.
This bill :
Authorizes a driver to drive to the left of double parallel
lines to pass a bicyclist proceeding in the same direction if:
o The left side of the road is clearly visible and free of
AB 1371 (BRADFORD) Page 2
oncoming traffic for a sufficient distance ahead to allow
the driver to completely pass the bicycle without
interfering with the safe operation of any vehicle
approaching from the opposite direction; or
o The driver operates the vehicle to the left of the
double lines only to the extent reasonably necessary.
Establishes the "Three Feet for Safety Act," which:
o Requires a driver to pass a bicycle at a distance of at
least three feet between the vehicle and the bicycle;
o Requires a driver, if unable to provide the three feet
of passing distance, to slow to a reasonable and prudent
speed and to pass only when doing so will not endanger the
bicyclist's safety;
o Provides that a violation of these provisions
constitutes an infraction punishable by a $35 base fine;
and
o Provides that a violation of these provisions that
results in a collision shall result in imposition of a $220
base fine on the driver.
COMMENTS:
1.Purpose . The author states that aggressive drivers frequently
harass law-abiding bicyclists by driving too close to
bicyclists or cutting in front of them. Such contentious
interactions have led to thousands of collisions involving
bicyclists and motorists each year in the City of Los Angeles.
The city has taken steps to address this situation, including
sponsoring numerous public education campaigns and introducing
bicyclist anti-harassment legislation. The author states that
statewide legislation clearly defining at least a three foot
buffer zone for bicyclists would provide a powerful tool in
the city's continuing attempts to make the roadways safe for
all types of users.
2."Three-Foot" laws . At least 32 states, including California
and the District of Columbia (DC) have enacted laws requiring
drivers to exercise caution when passing bicyclists and to do
so at a "safe distance," though details vary. Of these, at
least 22 states and DC define a safe distance as not less than
three feet; Pennsylvania requires a minimum distance of four
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feet. Most do not address the issue of crossing a solid
double yellow line and none appears to explicitly authorize
drivers to cross a solid double yellow line in order to pass.
A few states, including Kansas, Louisiana, and Maine, allow
drivers to pass a bicycle in a no-passing zone "when it is
safe to do so."
3.Enforceability . This bill requires both a driver and a law
enforcement officer to judge the distance between a vehicle
and a bicyclist as the vehicle passes the bicycle, despite the
fact that there is no practical way from a distance to measure
three feet between two moving objects. What if a bicyclist
inadvertently moves slightly toward the vehicle by a few
inches, or intentionally swerves to avoid other hazards in the
road such as debris or a car door opening? Enforcing the
three-foot buffer could prove challenging given the
difficulties in measuring three feet.
4.Is three feet always "safe" ? By defining safe distance as
three feet, this bill presupposes that three feet is always a
safe distance. There may be instances, however, when three
feet of clearance is inadequate and a driver should provide
greater clearance to ensure a safe distance when passing.
Examples include when a driver can see debris in the roadway
that could conceivably cause a cyclist to veer or when there
is a high turnover of vehicles parked along the side of the
road. Safe passing is not solely determined by those
conditions present at the moment a driver decides to pass, but
those the driver anticipates could occur when he or she is
actually passing.
5.Vetoed last year . Last year, Governor Brown vetoed SB 1464,
which was virtually identical to this bill. The governor
expressed concern that by making it legal to cross a double
yellow line, SB 1464 would weaken the state's defense in a
lawsuit; the governor encouraged the sponsors to work with
Caltrans to resolve the issue. Because this bill includes the
language cited in last year's veto message, it is likely the
governor would veto this bill if it remains in its current
form. The committee may wish to ask the author to amend the
bill to remove Section 1, which would authorize a driver to
cross double parallel yellow lines to pass a bicyclist under
specified conditions.
6.Previous legislation :
SB 1464 (Lowenthal) of 2012, which was vetoed by
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Governor Brown, was virtually identical to this bill.
SB 910 (Lowenthal) of 2011, which Governor Brown also
vetoed, would have required a driver to both provide a
distance of 3 feet between the vehicle and bicycle when
passing a cyclist, and to slow to 15 miles per hour
maximum. The governor's veto message stated that Caltrans
and the California Highway Patrol had concerns that such a
slow passing speed could cause rear-end collisions.
Assembly Votes:
Floor: 52-20
Appr: 12-5
Trans: 12-3
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 19,
2013.)
SUPPORT: Los Angeles Mayor Antonio R. Villaraigosa
Automobile Club of Southern California
City of Lawndale
LibraryBikes.org
Metropolitan Transportation Commission
OPPOSED: None received.