BILL NUMBER: SB 350	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Beall

                        FEBRUARY 20, 2013

   An act to add Section 21658.5 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 350, as introduced, Beall. Vehicles: motorcycles.
   (1) Existing law requires, when a roadway has been divided into
two or more clearly marked lanes for traffic in one direction, among
other things, that a vehicle be driven as nearly as practical
entirely within a single lane and prohibits the vehicle from being
moved from the lane until that movement can be made with reasonable
safety. A violation of the Vehicle Code is a crime.
   This bill would prohibit, with an exception for a peace officer,
as provided, a person operating a motorcycle from passing another
vehicle in a portion of a lane occupied by that vehicle unless
certain conditions are met, including that the passing occurs during
traffic congestion, and the passing occurs at a safe speed. Because
the failure to comply with these provisions would constitute an
infraction under the Vehicle Code, this bill would impose a
state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21658.5 is added to the Vehicle Code, to read:
   21658.5.  (a) Notwithstanding any other law, and except as
provided in subdivision (b), when a highway has been divided into
three or more clearly marked lanes for traffic traveling in the same
direction, a person operating a motorcycle shall not pass another
vehicle in a portion of a lane occupied by that vehicle unless the
following conditions are met:
   (1) The passing occurs during traffic congestion.
   (2) The passing occurs at a safe speed.
   (b) This section does not apply to a peace officer in the
performance of official duties.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.