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 


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