BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 51|
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THIRD READING
Bill No: AB 51
Author: Quirk (D) and Lackey (R), et al.
Amended: 6/1/16 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/14/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 58-14, 5/28/15 - See last page for vote
SUBJECT: Vehicles: motorcycles: lane splitting
SOURCE: Author
DIGEST: This bill authorizes the California Highway Patrol
(CHP) to develop educational guidelines on lane splitting, the
practice whereby motorcycles drive between two rows of stopped
or moving cars in the same lane.
ANALYSIS:
Existing law:
1)Authorizes the state Department of Transportation (Caltrans)
and local authorities to prohibit or restrict the use of
freeways, expressways, or any portion thereof, in their
respective jurisdictions by pedestrians, bicycles, or other
AB 51
Page 2
non-motorized traffic or by any person operating a
motor-driven cycle, motorized bicycle, or motorized scooter.
2)Directs slow-moving vehicles to use the right-hand lane and
authorizes Caltrans to designate a certain lane or lanes for
slow-moving traffic.
3)Generally requires vehicles to drive on the right half of the
roadway and to pass slower traffic on the left.
4)Requires, when a roadway has been divided into two or more
clearly marked lanes for traffic in one direction, that a
vehicle be driven entirely within a single lane to the extent
feasible.
This bill:
1)Defines "lane splitting" as driving a motorcycle between rows
of stopped or moving vehicles in the same lane, including both
divided and undivided streets, roads, or highways.
2)Authorizes the CHP to develop educational guidelines on lane
splitting to help ensure the safety of motorcyclists as well
as drivers and passengers of surrounding vehicles.
3)Requires the CHP, in developing the guidelines, to consult
with agencies and organizations with an interest in road
safety and motorcycle behavior, including but not limited to
the Department of Motor Vehicles (DMV), Caltrans, the Office
of Traffic Safety (OTS), and a motorcycle organization focused
on motorcycle safety.
Background
1)CHP guidelines: In recognition of the need for guidance on
lane splitting, the CHP convened a committee of traffic-safety
stakeholders and motorcycle-safety experts representing the
public, government, private, and academic communities. The
resulting guidelines were posted on the CHP and OTS websites
in 2013 and printed in the 2014 DMV Motorcycle Handbook.
However, a complaint was filed with the Office of
Administrative Law (OAL) claiming that the guidelines were
developed without a public process and were therefore
"underground" regulations. The OAL stated that the CHP had no
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authority to publish guidelines, so the CHP removed the
guidelines from its website and the DMV and OTS followed suit.
2)What does the research say? A 2014 study published by UC
Berkeley in collaboration with OTS found that lane splitting
can be done safely when a rider is traveling only slightly
faster than the surrounding traffic, and that lane-splitting
motorcyclists are less likely to be rear-ended than car
drivers. A follow-up study published by UC Berkeley in 2015
found that during lane-splitting collisions, head injury
occurrence is low at all motorcycle speeds up to 50 mph and
increases markedly above that speed. According to this study,
many motorcyclists do not understand how lane splitting at
excessive speed creates unnecessary risk. The study also
found that riders who adopt a 10 mph or 15 mph speed
differential practice may reduce their exposure to injury
risk.
3)Amended in Senate. The prior version of this bill, as passed
by the Assembly, authorized a motorcyclist to lane split if
the motorcycle was driven at a speed of not more than 50 miles
per hour and not more than 15 miles per hour faster than the
speed of traffic. After consulting with the CHP about the
now-defunct guidelines from 2013, the author amended this bill
into its current form.
Related/Prior Legislation
SB 350 (Beall of 2013) would have prohibited, with the exception
of a peace officer, a motorcycle from passing another vehicle in
a portion of a lane occupied by that vehicle unless certain
conditions were met, including that the passing occurs during
traffic congestion and the passing occurs at a safe speed. The
bill was never heard because the author dropped it pending
research findings.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified6/27/16)
AB 51
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ABATE of California
American Motorcyclist Association
Association of Orange County Deputy Sheriffs
Automobile Club of Southern California
Bay Area Riders Forum
California Motorcycle Dealers Association
California Statewide Law Enforcement Association
CityBike Magazine
Fraternal Order of Police, California State Lodge
Lane Splitting Is Legal
Liberty Mutual Insurance
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Motorcycle Industry Council
Personal Insurance Federation of California
Sacramento County Deputy Sheriffs Association
Santa Ana Police Officers Association
OPPOSITION: (Verified6/27/16)
Stop Lane Splitting
4 individuals
ARGUMENTS IN SUPPORT: The author states that existing law is
silent on lane splitting. Although the CHP posted
lane-splitting guidelines on its website in early 2013, it soon
had to withdraw them (see background). The lack of guidelines
has forced the CHP to curtail education and outreach efforts on
lane splitting and has created confusion for both motorcyclists
and drivers. Because statute does not specifically prohibit
lane splitting, it is allowed with no restrictions. The author
states that there are several practical reasons for allowing a
motorcycle to lane split under certain conditions: motorcycles
have no air bags, cooling mechanism, or cages, and motorcyclists
are at a lower visibility to other drivers when traveling on
highly congested roads. Although many motorcyclists lane split
safely and only in slow traffic conditions, others do so at
unsafe speeds and with no regard for the safety of others. The
author states that this bill will help provide guidance on lane
splitting and enable the CHP to renew its education and outreach
on this issue.
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ARGUMENTS IN OPPOSITION: Opponents argue that lane splitting
should not be made legal under any circumstances, for a number
of reasons. For example, lane splitting encourages speeding
because a motorcyclist must be going faster than the speed of
traffic in order to "split" (pass cars). In addition, lane
splitting increases distracted-driving issues because drivers
panic when they are suddenly and unexpectedly passed by a
splitting biker, often at high speeds. Opponents also state
that street and highway lanes are built to be occupied by a
vehicle, not shared by a vehicle and a motorcycle.
ASSEMBLY FLOOR: 58-14, 5/28/15
AYES: Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta,
Brown, Burke, Calderon, Campos, Chang, Chávez, Chiu, Chu,
Cooley, Cooper, Dodd, Eggman, Beth Gaines, Cristina Garcia,
Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Hadley,
Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer,
Kim, Lackey, Levine, Lopez, Low, Maienschein, McCarty, Medina,
Melendez, Mullin, O'Donnell, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Santiago, Steinorth, Thurmond, Ting,
Wagner, Weber, Williams, Wood, Atkins
NOES: Achadjian, Brough, Dababneh, Gallagher, Gatto, Gray,
Linder, Mathis, Obernolte, Olsen, Salas, Mark Stone, Waldron,
Wilk
NO VOTE RECORDED: Bloom, Chau, Dahle, Daly, Frazier, Grove,
Mayes, Nazarian
Prepared by:Erin Riches / T. & H. / (916) 651-4121
6/29/16 15:45:47
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