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  




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               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.