BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 208 Hearing Date: 6/16/2015
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|Author: |Bigelow |
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|Version: |4/21/2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Erin Riches |
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SUBJECT: Slow-moving vehicles: passing
DIGEST: This bill expands the slow-moving vehicle statute to
include the shoulder of a highway.
ANALYSIS:
Existing law:
1)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.
2)Allows a bicyclist to operate on any shoulder of any highway
if not otherwise prohibited by statute or local ordinance.
3)Enacts the Three Feet for Safety Act, which, effective
September 1, 2014, requires the driver of a motor vehicle who
is passing a bicyclist in the same direction on a highway to
pass at a distance of at least three feet between the vehicle
and the bicycle. It also requires the driver, if unable to
provide three feet of passing distance, to slow to a
reasonable speed and to pass only when doing so will not
endanger the bicyclist.
4)Provides that when a slow-moving vehicle has five or more
vehicles in line behind it on a two-lane highway, and passing
is unsafe because of oncoming traffic or other conditions, the
AB 208 (Bigelow) Page 2 of ?
slow-moving vehicle must turn off the roadway at the nearest
safe turnout to allow other vehicles to pass.
5)Defines a slow-moving vehicle as one which is proceeding
slower than the normal flow of traffic.
6)Defines "roadway" as the portion of a highway that is
improved, designed, or ordinarily used for vehicular travel.
7)Defines "highway" as a way or place, including a street, that
is publicly maintained and open to public use for purposes of
vehicular travel.
This bill provides that the slow-moving vehicle rule applies
when a bicyclist is riding on the shoulder of a highway.
COMMENTS:
1)Purpose. The author states that because the roads of rural
California tend to be very narrow, it is nearly impossible for
drivers to respect the Three Feet for Safety Act. Some
two-lane highways are so narrow that even if a bicyclist is
riding on the shoulder, the motorist is unable to provide
three feet of space. Because a "roadway" is defined as a
portion of a highway, both bicyclists and motorists are
confused as to whether the three-foot rule applies in a
situation where a bicyclist is riding on the shoulder rather
than on the actual road. This bill addresses that confusion
by specifying that the requirement for a slow-moving vehicle
to pull over at the next turnout applies to highways (which
include shoulders) rather than just roadways. The author
states that this clarification will make the roads safer for
both motorists and bicyclists.
2)What if the "slow-moving vehicle" is a bicyclist? Existing
law defines a slow-moving vehicle as one that is proceeding
slower than the normal flow of traffic. Although this
definition does not technically include bicycles, existing law
makes every person riding a bicycle on a highway subject to
all the provisions applicable to the driver of a vehicle.
Therefore, this bill would require a bicyclist riding on the
shoulder of a highway, who has five or more cars lined up
behind him or her, to turn off the highway at the nearest safe
turnout to allow the vehicles to pass. But this would only
apply if the cars do not pass the bike with less than three
AB 208 (Bigelow) Page 3 of ?
feet of space when it is safe to do so, as currently allowed
under the Three Feet for Safety Act.
Related Legislation:
AB 1371 (Bradford, Chapter 331, Statutes of 2013) established
the Three Feet for Safety Act effective September 1, 2014.
Assembly Votes:
Floor: 78-0
Trans: 16-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 10, 2015.)
SUPPORT:
None received
OPPOSITION:
None received
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