Amended in Assembly April 21, 2015

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 21760 end delete begin insert 21656 end insert of the Vehicle Code, relating to begin delete bicycles. end delete begin insert vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 208, as amended, Bigelow. begin delete Bicycles: Three Feet for Safety Act. end delete begin insert Vehicles: highway: lane use. end insert

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Existing law requires, on a 2-lane highway where passing is unsafe due to specified reasons, a slow-moving vehicle behind which 5 or more vehicles are formed in a line to turn off the roadway at the nearest place designed as a turnout or wherever sufficient area of a safe turnout exists in order to permit the vehicles following it to proceed.

end insert begin insert

This bill would make a technical, nonsubstantive change to that provision.

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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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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 21656 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

21656.  

On a two-lane highway where passing is unsafe because
of traffic in the opposite direction or other conditions, a
slow-moving vehicle, including a passenger vehicle, behind which
five or more vehicles are formed in line, shall turn off the begin delete roadway end delete
begin insert highway end insert at the nearest place designated as a turnout by signs
erected by the authority having jurisdiction over the highway, or
wherever sufficient area for a safe turnout exists, in order to permit
the vehicles following it to proceed. As used in this section a
slow-moving vehicle is one which is proceeding at a rate of speed
less than the normal flow of traffic at the particular time and place.

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SECTION 1.  

Section 21760 of the Vehicle Code is amended
to read:

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.

(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.

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

(f) (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.

end delete