BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 208


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          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. 









                                                                     AB 208


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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