BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1371|
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THIRD READING
Bill No: AB 1371
Author: Bradford (D)
Amended: 6/26/13 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/25/13
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 52-20, 5/16/13 - See last page for vote
SUBJECT : Bicycles: passing distance
SOURCE : Los Angeles Mayor Antonio R. Villaraigosa
DIGEST : 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:
1. 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
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two-way left turn lane.
2. 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.
3. Provides that a bicyclist has all the rights and is subject
to all laws applicable to drivers of motor vehicles.
4. 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 establishes the "Three Feet for Safety Act," which:
1. Requires the driver of a motor vehicle overtaking and
passing a bicycle that is proceeding in the same direction on
a highway to pass in compliance with the provisions of this
bill applicable to overtaking and passing a vehicle, and
requires the driver do so at a safe distance that does not
interfere with the safe operation of the overtaken bicycle,
having due regard for the size and speed of the motor vehicle
and the bicycle, traffic conditions, weather, visibility, and
the surface and width of the highway.
2. Requires a driver to pass a bicycle at a distance of at
least three feet between the vehicle and the bicycle.
3. 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.
4. Provides that a violation of these provisions constitutes an
infraction punishable by a $35 base fine.
5. Provides that a violation of these provisions that results
in a collision shall result in imposition of a $220 base fine
on the driver.
Background
"Three-Foot" laws . At least 32 states, including California and
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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 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."
Prior Legislation
SB 1464 (Lowenthal, 2012), which was vetoed by Governor Brown,
was virtually identical to this bill.
SB 910 (Lowenthal, 2011), which Governor Brown also vetoed,
would have required a driver to both provide a distance of three
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/13/13)
Los Angeles Mayor Antonio R. Villaraigosa (source)
Automobile Club of Southern California
City of Lawndale Councilmember Pat Kearney
LibraryBikes.org
Metropolitan Transportation Commission
ARGUMENTS IN SUPPORT : The author's office 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's office states that statewide legislation clearly
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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.
ASSEMBLY FLOOR : 52-20, 5/16/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,
Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Hall, Roger Hernández, Jones-Sawyer, Levine, Lowenthal,
Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Skinner, Ting,
Torres, Weber, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Bigelow, Brown, Chávez, Conway, Dahle, Donnelly, Hagman,
Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Nestande,
Olsen, Patterson, Salas, Wagner, Waldron, Wilk
NO VOTE RECORDED: Allen, Beth Gaines, Grove, Holden, Melendez,
Morrell, Stone, Vacancy
JA:k 8/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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