BILL ANALYSIS Ó
AB 208
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
208 (Bigelow)
As Amended July 9, 2015
Majority vote
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|ASSEMBLY: | 78-0 | (May 4, 2015) |SENATE: | 38-0 | (July 16, 2015) |
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Original Committee Reference: TRANS.
SUMMARY: Clarifies the existing requirement that slow-moving
vehicles turn off on a roadway when safe to do so when five or
more vehicles are behind them in order to allow the
faster-moving traffic to proceed.
The Senate amendments clarify that any vehicle on a two-lane
highway, as specified, traveling at less than the normal speed
of traffic, is required to turn off the roadway at the nearest
designated turnout when five or more vehicles have formed a line
behind that vehicle.
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
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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)Provides, generally, 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.
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.
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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.
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 this bill 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.
This bill aims to provide clarification to ensure that this
requirement applies to any vehicle, including bicyclists, who
may be operating on 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
California foothills provide automotive and bicycle enthusiasts
with some of the most scenic rides in our country. These roads
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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."
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN:
0001210