BILL ANALYSIS Ó
AB 51
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
51 (Quirk) - As Amended February 11, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill explicitly authorizes motorcycles to drive between
stopped or slow moving vehicles in the same lane (lane split)
if:
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a) The speed of traffic moving in the same direction is 30
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.
The bill also requires that motorcyclist continue to obey
existing laws relating to the safe operation of a vehicle.
FISCAL EFFECT:
Negligible fiscal impact to the CHP and DMV.
COMMENTS:
1)Background. Lane splitting 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.
Motorcyclists favor the practice, saying it improves safety
while motorists typically dislike it. Motorcyclists note that
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lane splitting allows them to achieve greater protection
because they can position themselves between vehicles in
stop-and-go traffic, thus minimizing the chance of being
struck from behind. They also claim that lane splitting
allows for improved sight distance for the motorcyclist, and
can prevent breakdowns that can occur with a motorcycle's
engine overheats as a result of excessive idling.
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 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, the CHP convened a committee of
traffic safety stakeholders and motorcycle safety experts
representing governmental, private, academic communities. The
committee drafted guidelines on safe lane splitting practices
and the guidelines were posted on CHP's website in early 2013
and, later, on the Office of Traffic Safety's (OTS's) website.
The guidelines were also printed in the DMV's motorcycle
handbook. Subsequently, 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 then removed the guidelines from their respective
websites, and informed the public that they would not enforce
the guidelines.
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2)Purpose. 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. In support, the
Personal Insurance Federation of California (PIFC),
representing 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.
3)Opposition. Several motorcycle groups argue that this bill
noting that it is overly restrictive and, therefore, lacks
support in the motorcycle community. The American
Motorcyclist Association contends there is a widespread
acceptance of lane splitting in California and that they
specifically oppose efforts to restrict this popular practice.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
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