Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 208

Introduced by Assembly Member Bigelow

January 29, 2015

An act to amend Section begin delete 891 of the Streets and Highways Code, end delete begin insert 21760 of the Vehicle Code end insert begin insert , end insert relating to begin delete bikeways. end delete begin insert bicycles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 208, as amended, Bigelow. begin delete Bikeways. end delete begin insert Bicycles: Three Feet for Safety Act. end insert

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Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle. Existing law prohibits, subject to specified exceptions, the driver of a motor vehicle from overtaking or passing a bicycle proceeding in the same direction on a highway at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. A violation of these provisions is an infraction.

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This bill would require the operator of a bicycle behind which 5 or more vehicles are formed in a line, to turn off the roadway at the nearest place designated as a turnout in order to permit the vehicles following him or her to proceed if the driver of a motor vehicle is unable to overtake or pass a bicycle proceeding in the same direction on a highway at a distance less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator.

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Existing law requires the Department of Transportation to establish minimum safety design criteria for the planning and construction of bikeways and uniform specifications and symbols for associated signs, markers, and traffic control devices. Existing law requires all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted to utilize all minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established under these provisions, except that alternative minimum safety design criteria may be used under certain conditions.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 21760 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

21760.  

(a) This section shall be known and may be cited as
the Three Feet for Safety Act.

(b) The driver of a motor vehicle overtaking and passing a
bicycle that is proceeding in the same direction on a highway shall
pass in compliance with the requirements of this article applicable
to overtaking and passing a vehicle, and shall do so at a safe
distance that does not interfere with the safe operation of the
overtaken bicycle, having due regard for the size and speed of the
motor vehicle and the bicycle, traffic conditions, weather, visibility,
and the surface and width of the highway.

(c) A driver of a motor vehicle shall not overtake or pass a
bicycle proceeding in the same direction on a highway at a distance
of less than three feet between any part of the motor vehicle and
any part of the bicycle or its operator.

(d) If the driver of a motor vehicle is unable to comply with
subdivision (c), due to traffic or roadway conditions, the driver
shall slow to a speed that is reasonable and prudent, and may pass
only when doing so would not endanger the safety of the operator
of the bicycle, taking into account the size and speed of the motor
vehicle and bicycle, traffic conditions, weather, visibility, and
surface and width of the highway.

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(e) (1) If the driver of a motor vehicle is unable to comply with
subdivision (d), the operator of a bicycle behind which five or
more vehicles are formed in line, shall turn off the roadway at the
nearest place designated as a turnout, or wherever sufficient area
for a safe turnout exists, in order to permit the vehicles following
the operator of the bicycle to proceed.

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(2) Section 40000.1 does not apply to a violation of this
subdivision.

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(e)

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begin insert ( end insert begin insert f) end insert  (1) A violation of subdivision (b), (c), or (d) is an infraction
punishable by a fine of thirty-five dollars ($35).

(2) If a collision occurs between a motor vehicle and a bicycle
causing bodily injury to the operator of the bicycle, and the driver
of the motor vehicle is found to be in violation of subdivision (b),
(c), or (d), a two-hundred-twenty-dollar ($220) fine shall be
imposed on that driver.

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(f) This section shall become operative on September 16, 2014.

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SECTION 1.  

Section 891 of the Streets and Highways Code
is amended to read:

891.  

(a) All city, county, regional, and other local agencies
responsible for the development or operation of bikeways or
roadways where bicycle travel is permitted shall utilize the
minimum safety design criteria established pursuant to Section
890.6, except as provided in subdivision (b), and shall utilize the
uniform specifications and symbols for signs, markers, and traffic
control devices established pursuant to Section 890.8.

(b) An agency may utilize minimum safety design criteria other
than those established by Section 890.6 if all of the following
conditions are met:

(1) The alternative criteria have been reviewed and approved
by a qualified engineer with consideration for the unique
characteristics and features of the proposed bikeway and
surrounding environs.

(2) The alternative criteria, or the description of the project with
reference to the alternative criteria, are adopted by resolution at a
public meeting, after proper notice of the public meeting and
opportunity for public comment are provided.

(3) The alternative criteria adhere to guidelines established by
a national association of public agency transportation officials.

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