BILL ANALYSIS Ó
AB 1371
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`CONCURRENCE IN SENATE AMENDMENTS
AB 1371 (Bradford)
As Amended August 20, 2013
Majority vote
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|ASSEMBLY: |52-20|(May 16, 2013) |SENATE: |31-7 |(August 26, |
| | | | | |2013) |
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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
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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
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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
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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