BILL ANALYSIS Ó AB 51 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 51 (Quirk) - As Amended February 11, 2015 ----------------------------------------------------------------- |Policy |Transportation |Vote:|13 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: AB 51 Page 2 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 AB 51 Page 3 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. AB 51 Page 4 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 AB 51 Page 5