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 AB 1371 (BRADFORD) Page 3 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 AB 1371 (BRADFORD) Page 4 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.