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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