BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 51


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          Date of Hearing:  April 6, 2015 


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 51  
          (Quirk) - As Amended February 11, 2015


          SUBJECT:  Vehicles:  motorcycles:  lane splitting


          SUMMARY:  Explicitly authorizes motorcycles to drive between  
          stopped or slow moving vehicles in the same lane (lane split)  
          under certain conditions.  Specifically, this bill:  


          1)Unequivocally authorizes motorcycles to drive between stopped  
            or slow moving vehicles in the same lane on divided and  
            undivided streets, roads, or highways if the following  
            conditions are met: 



             a)   The speed of traffic moving in the same direction is 30  
               miles per hour (mph) or less; and,



             b)   The motorcycle is not driven more than 10 mph faster  
               than the speed of traffic going in the same direction.



          2)Provides that motorcycles must continue to obey existing laws  








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            relating to the safe operation of a vehicle. 
          EXISTING LAW:  


          1)Defines a motorcycle as a motor vehicle having a seat or  
            saddle for the use of the rider, designed to travel on not  
            more than three wheels in contact with the ground.


          2)Requires, whenever a roadway has been divided into two or more  
            clearly marked lanes for traffic in one direction, that a  
            vehicle be driven as nearly as practical entirely within a  
            single lane.


          3)Authorizes the erection of signs directing slow-moving traffic  
            to use a designated lane or allocating lanes to slow moving  
            traffic moving in the same directions.


          4)Does not explicitly authorize or prohibit lane splitting.


          FISCAL EFFECT:  Unknown


          COMMENTS:  Lane splitting (also referred to as lane sharing or  
          filtering) refers to the practice of riding a motorcycle in the  
          same lane as a vehicle traveling in the same direction between  
          clearly marked lanes of traffic.  Typically, this maneuver is  
          undertaken so that motorcycles can overtake slow moving or  
          stopped vehicles but the maneuver is also frequently performed  
          when traffic is moving at higher rates of speed.  Lane splitting  
          is illegal in all states, with the exception of California,  
          where the practice is neither expressly authorized nor  
          prohibited.  Lane splitting, however, is a legal practice in  
          many European and Asian countries where it is frequently  
          utilized in highly urbanized areas.









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          Lane splitting is controversial in the United States.   
          Motorcyclists favor the practice, saying it improves safety  
          while motorists typically dislike it.  Groups such as the  
          American Motorcycle Association note that one of the most  
          dangerous situations for any on-highway motorcyclist is to be  
          caught in congested traffic where vehicles, often driven by  
          distracted and inattentive motorists, can rear-end motorcyclists  
          when they are stopped behind other cars.  According to the  
          National Highway Traffic Safety Administration (NHTSA), one of  
          the most common types of accident on the road are rear-end  
          collisions, which NHTSA indicates makes up nearly 40% of all  
          accidents in the United States.  While rear-end accidents  
          typically result in minor damage when they happen between  
          vehicles, they frequently result in serious injury or death when  
          motorcyclists are involved, primarily because motorcycles offer  
          little or no protection to the rider.  

          Motorcyclists note that lane splitting allows them to achieve  
          greater protection because they can position themselves between  
          (rather than behind) vehicles in stop-and-go traffic.  They also  
          claim that lane splitting allows for improved sight distance for  
          the motorcyclist.  Additionally, lane splitting allows  
          motorcyclists to prevent breakdowns that can occur with a  
          motorcycle's engine overheats as a result of excessive idling.    
          According to motorcyclists, lane splitting also serves to ease  
          congestion by creating another "lane" for motorcyclists and  
          reduces cyclist exposure to unhealthy exhaust fumes.  



          Anecdotally, many motorists dislike lane splitting, claiming  
          that they are startled by motorcycles that pass them in the same  
          lane.  Motorists also express concerns that they could kill or  
          severely injure a motorcyclist if they change lanes or open a  
          car door while a motorcyclist is passing in close proximity. A  








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          good number of motorists presume lane splitting is illegal and  
          there have been reports of motorists intentionally blocking  
          motorcyclists' attempts to lane split. 



          Recognizing the need to develop guidelines as an educational  
          tool for all roadway users, California Highway Patrol (CHP)  
          convened a committee of traffic safety stakeholders and  
          motorcycle safety experts representing governmental, private,  
          academic communities.  Together, the committee drafted  
          guidelines on safe lane splitting practices and the guidelines  
          were posted on CHP's Internet website in early 2013 and, later,  
          on the Office of Traffic Safety's (OTS's) Internet website.  The  
          guidelines were also printed in the Department of Motor  
          Vehicles' motorcycle handbook.  

          The guidelines clarified that lane splitting, when conducted in  
          a safe and prudent and manner is not illegal in California.  The  
          guidelines also outlined five general safety recommendations for  
          motorcyclists engaging in lane splitting including that:  1)  
          lane splitting should occur only when a motorcyclist is  
          travelling at a speed no more than 10 mph faster than  
          surrounding traffic; 2) motorcyclists should refrain from lane  
          splitting when the traffic is flowing at a speed of 30 mph or  
          faster; 3) lane splitting should occur between the #1 and #2  
          lanes over other lanes; 4) the total environment should be  
          considered by the motorcyclist when lane splitting occurs,  
          including the lane width, size of surrounding vehicles, weather,  
          and lighting; and 5) motorcyclists should be alert and  
          anticipate possible movements of other road users.

          After CHP and OTS posted the guidelines on their respective  
          websites, a complaint was registered with the Office of  
          Administrative Law that the guidelines were developed in the  
          absence of a formal rulemaking process and, therefore, could be  
          considered "underground regulations."  CHP and OTS removed the  
          guidelines from their respective Internet websites, informed the  
          public that they would not issue or enforce the guidelines, and  








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          noted that the guidelines were developed only to provide  
          common-sense safety information for motorcyclists given that  
          California law does not allow or prohibit lane splitting.

          A 2014 study published by the University of California at  
          Berkeley, in collaboration with OTS and CHP, found that lane  
          splitting can be done safely when riders are travelling only  
          slightly faster than surrounding traffic.  The study also points  
          out that lane splitting offers motorcyclists a safer position in  
          traffic which protects them from often catastrophic rear-end  
          impacts.  The Hurt Report of 1981, reportedly the one of most  
          comprehensive motorcycle crash causation studies to date, also  
          noted that reducing a motorcyclist's exposure to vehicles that  
          are frequently accelerating and decelerating on congested  
          roadways is one way to reduce front- and rear-end collisions. 

          According to the author, removing the guidelines from CHP and  
          OTS websites left a void in informing the public about safe lane  
          splitting practices, particularly since CHP curtailed all  
          education and outreach efforts on the subject.  To address this  
          concern, the author introduced this bill which codifies CHP's  
          lane splitting guidelines.  Specifically, the bill expressly  
          authorizes lane splitting under two conditions: when the speed  
          of traffic moving in the same direction does not exceed 30 mph;  
          and the motorcycle is not driven more than 10 mph faster than  
          the speed of traffic.  Additionally, the bill provides that  
          motorcycles must continue to be operated in a safe manner, in  
          compliance with existing laws, to ensure that law enforcement  
          has the ability to cite motorcyclists that misuse the practice.   


          The author notes that lane splitting, when performed in  
          accordance with CHP guidelines, improves safety by reducing the  
          potential for catastrophic rear-end collisions,  making  
          motorcycles more visible to drivers in heavy traffic, and  
          preventing motorcycle engine breakdowns that occur from  
          excessive idle time.  The author contends that providing  
          reasonable guidelines for lane splitting helps inform drivers  
          and motorcycle riders alike and removes ambiguities in the law.   








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          A number of states, including California, have attempted to  
          address lane splitting in the past.  


          SB 350 (Beall) of 2013, would have prohibited lane splitting  
          unless the maneuver occurred at a safe speed during traffic  
          congestion.  SB 350 was introduced but was never heard.   
          Measures introduced in other states to authorize lane splitting  
          under certain conditions have also failed to garner legislative  
          support or have been vetoed. 



          Writing in support of the bill, the Personal Insurance  
          Federation of California (PIFC), which represents seven of the  
          nation's largest insurance companies, indicates that codifying  
          the CHP's lane splitting guidelines would serve to reduce  
          injuries and enhance public road safety.  Specifically, PIFC  
          contends that this bill would also serve to educate motorcycle  
          riders and motorists about lane splitting and help to reduce  
          accidents currently associated with this practice.





          Several motorcycle groups have writing in opposition to this  
          bill noting that it is overly restrictive and, therefore, lacks  
          support in the motorcycle community.  More specifically, the  
          American Motorcyclist Association, also writing in opposition to  
          this bill, states that there is a widespread acceptance of lane  
          splitting in California and that they specifically oppose  
          efforts to restrict this popular practice 



          Previous legislation: SB 350 (Beall), of 2013, would have  








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          prohibited a person operating a motorcycle from passing another  
          vehicle in apportion of a lane occupied by that vehicle unless  
          passing occurs during traffic congestion and provided passing  
          occurs at a safe speed.  SB 350 was returned to Secretary of  
          Senate pursuant to Joint Rule 56 by the Senate Transportation  
          and Housing Committee.


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Fraternal Order of Police


          Los Angeles County Professional Peace Officers Association


          Personal Insurance Federation of California


          Sacramento County Deputy Sheriffs Association


          Santa Ana Policy Officers Association




          Oppose










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          ABATE of California, Inc.


          American Motorcyclist Association


          Bay Area Riders Forum


          CityBike


          LaneSplittingIsLegal.com


          3 private citizens




          Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093