BILL ANALYSIS Ó AB 1371 Page 1 `CONCURRENCE IN SENATE AMENDMENTS AB 1371 (Bradford) As Amended August 20, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |52-20|(May 16, 2013) |SENATE: |31-7 |(August 26, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: TRANS . SUMMARY : Sets requirements for safe passing of bicyclists by motor vehicles. Specifically, this bill : 1)Revises and recasts provisions related to the safe passage of vehicles and bicyclists. 2)Establishes the "Three Feet for Safety Act" that requires: a) A driver to provide three feet distance between the vehicle and the bicycle or its operator when passing; and, b) A driver who is unable to provide the minimum three-foot passing distance due to traffic or roadway conditions to slow to a reasonable and prudent speed when passing only when doing so would not endanger the safety of the bicyclist. 3)Makes failure to comply with the "Three Feet for Safety Act" an infraction punishable by a base fine of $35. 4)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. 5)Requires that provisions become operative on September 16, 2014. 6)Makes related, clarifying amendments. The Senate amendments : 1)Delete provisions authorizing drivers to enter oncoming AB 1371 Page 2 traffic lanes by driving to the left of double solid yellow or double solid white line pavement markings in order to provide a minimum three-foot passing distance when passing a bicyclist. 2)Revise and recasts provisions related to the passing of a vehicle and bicyclist. 3)Make the "Three Feet for Safety Act" operative on September 16, 2014. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. 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 AB 1371 Page 3 operation of the vehicle or bicycle. SB 1464 (Alan Lowenthal) of 2012 was vetoed by the Governor because it authorized drivers to cross over double yellow or double white pavement markings in order to provide the minimum three-foot clearance when overtaking a bicyclist. In his veto message, Governor Brown noted that the bill could increase the incidence of head-on collisions for which the California Department of Transportation could be liable. By removing this provision, this bill now fully addresses the concerns raised by the Governor with respect to safe passing of bicyclists by vehicles where vehicles are not able to provide the full three-foot passing distance by requiring that vehicles slow down and pass only when it is safe to do so. Previous legislation : SB 1464 (Alan 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. SB 910 (Alan Lowenthal) of 2011 would have established a minimum three-foot passing distance and required vehicles to slow to 15 miles per hour (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 a base fine of $250. In addition, AB 1941 would have made it a felony or a AB 1371 Page 4 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: 0001840