BILL ANALYSIS Ó
AB 208
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Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 208
(Bigelow) - As Amended April 21, 2015
SUBJECT: Vehicles: highway: lane use
SUMMARY: Clarifies the existing requirement that slow-moving
vehicles turn off when safe to do so when five or more vehicles
are behind them in order to allow the faster-moving traffic to
proceed to ensure that this requirement applies regardless of
where the slow-moving vehicle is positioned on the highway.
EXISTING LAW:
1)Requires, on two-lane highways where passing is unsafe because
of traffic in the opposite direction or other conditions, a
slow-moving vehicle behind which five or more vehicles are
following to 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 it to
proceed.
2)Generally provides that a person riding a bicycle upon a
highway has all rights and is subject to all laws applicable
to the driver of a motor vehicle.
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3)Requires a driver who is passing another vehicle proceeding in
the same direction to pass to the left at a safe distance
without interfering with the safe operation of the overtaken
vehicle.
4)Prohibits a driver from driving to the left of double solid
parallel yellow or white lines except under very limited
circumstances, such as passing another vehicle or entering a
two-way left turn lane.
5)Requires a driver, when passing a bicycle, to provide at least
three feet of space between his or her vehicle and the
bicycle.
6)Requires a driver who is unable to provide three feet of space
when passing a bicycle due to traffic or roadway conditions to
slow to a speed that is reasonable and prudent and pass only
when doing so would not endanger the safety of the bicyclist.
7)Defines "roadway" as that portion of a highway improved,
designed, or ordinarily used for vehicular travel.
8)Defines "highway" as a way or place of whatever nature,
publicly maintained and open to the use of the public for
purposes of vehicular travel.
FISCAL EFFECT: None
COMMENTS: California law has long required that slow-moving
vehicles turn off the roadway when safe to do so if five or more
vehicles are behind them in order to allow faster-moving traffic
to pass. This law applies to cars as well as to bicyclists and
other road users. The term "roadway" does not appear to
encompass the shoulder since it is defined as the part of a
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highway used for vehicular travel. In other words, the roadway
is only a part of the highway, the traffic lanes. "Highway" is
the more expansive term that includes the roadway plus any
shoulder.
In 2014, the Legislature passed and the Governor signed AB 1371
(Bradford), Chapter 331, Statutes of 2013, which requires
drivers to provide at least three feet of space between their
vehicle and a bicycle when passing the bicycle. If a driver is
unable to provide the three feet of passing distance, he or she
must slow to a reasonable and prudent speed and pass only when
doing so will not endanger the bicyclist's safety.
The author introduced AB 208 because of concerns about the
difficulty of drivers providing three feet of passing space on
many narrow rural roads that are popular with bicyclists. On
these roads, lines of cars may end up forming behind a bicyclist
as drivers slow to a safe speed and wait for an opportunity to
pass safely. In theory, in such a situation it would be
incumbent upon the bicyclist to turn off at the next available
opportunity to allow the drivers to pass safely, assuming an
opportunity to turn off arises sooner than an opportunity for
the vehicles to pass safely. However, if the bicyclist is on
the shoulder (where a bicyclist may choose, but is not required,
to ride) it is not clear that this law applies.
This bill replaces the term "roadway" with the broader term
"highway" in the requirement that slow-moving vehicles turn off
when safe to do so when five or more vehicles are behind them.
This clarification will ensure that this requirement applies to
bicyclists who may be on the shoulder of a narrow road but still
impeding faster-moving traffic because drivers cannot safely
provide three feet of passing distance.
According to the author, "the roads that wind through the
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California foothills provide automotive and bicycle enthusiasts
with some of the most scenic rides in our country. These roads
are usually very narrow and make it nearly impossible to respect
the three-foot rule that was passed by the Legislature in 2014.
AB 208 aims to improve safety conditions for both bicyclists and
drivers on these narrow, winding roads."
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093
AB 208
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