BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 208|
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                                      CONSENT 


          Bill No:  AB 208
          Author:   Bigelow (R)
          Amended:  7/9/15 in Senate
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 7/7/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           ASSEMBLY FLOOR:  78-0, 5/4/15 (Consent) - See last page for  
            vote

           SUBJECT:   Vehicles:  highway:  lane use


          SOURCE:    Author

          DIGEST:   This bill aims to clarify the slow-moving vehicle  
          statute.

          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  








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            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, including a  
            passenger 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, it 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 aims to clarify the slow-moving vehicle statute by  
          revising the definition.

          Comments
          
          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.  
            This bill aims to clarify that even if the slow-moving vehicle  
          is a bicycle, it must pull over to let other vehicles pass if  
          five or more vehicles are lined up behind it.

          Where do I pull off?  When this bill was heard in the Assembly,  
          it replaced the term "roadway" with the broader term "highway."   
          This language was an attempt to clarify that the Three Feet for  
          Safety Act applies to a bicyclist riding on the shoulder (which  
          is included in the definition of "highway" but not in the  








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          definition of "roadway").  The California Association of  
          Bicycling Organizations (CABO), however, registered opposition  
          when this bill came to the Transportation and Housing Committee.  
           CABO raised concerns that the term "highway" technically  
          includes turnouts, meaning that a bicyclist who is required to  
          move over would be required to pull off the highway altogether,  
          e.g., into a private driveway.  To remove opposition to this  
          bill, the author amended this bill to change "highway" back to  
          "roadway."   

          What is a slow-moving vehicle?  Although the slow-moving vehicle  
          definition in existing law does not explicitly 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, bicyclists are subject to the slow-moving  
          vehicle rule.  Existing law, however, refers to "a slow-moving  
          vehicle, including a passenger vehicle," which the author  
          believes causes confusion as it appears to emphasize buses and  
          vans.  To clarify existing law, this bill strikes the current  
          definition of slow-moving vehicle and instead requires any  
          vehicle proceeding upon the highway at a speed less than the  
          normal speed of traffic to pull off the roadway if it has five  
          or more vehicles lined up behind it.

          Related Legislation
          
          AB 1371 (Bradford, Chapter 331, Statutes of 2013) - established  
          the Three Feet for Safety Act effective September 1, 2014.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/10/15)


          None received


          OPPOSITION:   (Verified7/10/15)










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          None received


            
          ASSEMBLY FLOOR:  78-0, 5/4/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Dahle


          Prepared by:Erin Riches / T. & H. / (916) 651-4121
          7/10/15 14:09:09


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