BILL ANALYSIS Ó
AB 2509
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Date of Hearing: April 11, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 2509
(Ting) - As Amended April 6, 2016
SUBJECT: Operation of bicycles: speed
SUMMARY: Expands the allowable exceptions to the requirement
that a person operating a bicycle ride as close as practicable
to the right-hand curb, including when riding in a Class I, II,
or IV bikeway; when riding in a Class III bikeway within the
path of a shared lane marking; or when riding beside another
bicycle.
EXISTING LAW:
1)Provides that a bicyclist has all the rights and is subject to
all laws applicable to drivers of motor vehicles.
2)Requires a person operating a bicycle upon a roadway at a
speed less than the normal speed of traffic moving in the same
direction at the time shall ride as close as practicable to
the right-hand curb or edge of the roadway.
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3)Provides exceptions to this rule when:
a) Overtaking and passing another bicycle or vehicle
proceeding in the same direction;
b) Preparing for a left turn;
c) It is necessary to avoid hazards or if the lane is too
narrow, as defined; and,
d) When approaching a right-hand turn.
4)Allows a person operating a bicycle to ride near the left-hand
curb or edge of the roadway that is practicable on a highway
that carries one-way traffic.
5)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.
6)Provides that when a slow-moving vehicle, or bicycle, 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 slow-moving vehicle must turn off the highway
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at the nearest safe turnout to allow other vehicles to pass.
7)Defines bikeways as facilities that provide for and promote
bicycle travel, specifically:
a) Class I Bikeway - a bike path with completely separated
right-of-way for the exclusive use of bicycles and
pedestrians.
b) Class II Bikeway - a bike lane providing restricted
right-of-way designated for use by bicycles.
c) Class III Bikeway - a bike route that provides
right-of-way on-street or off-street designated by signs
and markings, shared with pedestrians and motorists.
d) Class IV Bikeway - a cycle track or separated bikeway
with right-of-way designated exclusively for bicycle travel
adjacent to the roadway but separated from vehicular
traffic, with a physical barrier defined.
8)Authorizes local jurisdictions to construct bikeways on roads
other than state highways.
9)Generally requires a bicyclist who is riding in a bicycle lane
at less than the normal speed of traffic moving in the same
direction to ride within the bicycle lane.
FISCAL EFFECT: Unknown, this bill was keyed non-fiscal by the
Legislative Counsel.
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COMMENTS: The passage of AB 1371 (Bradford), Chapter 331,
Statues of 2013, established the Three Feet for Safety Act
(Act), which requires a driver to provide three feet "buffer
zone" between the vehicle and the bicycle when passing. Any
driver who is unable to provide the minimum three-foot passing
distance due to traffic or roadway conditions must slow to a
reasonable and prudent speed when passing only when doing so
would not endanger the safety of the bicyclist.
AB 1371 was sponsored by the City of Los Angeles and enacted to
counter increasing harassment of cyclists by aggressive drivers
who were driving too close. This activity was responsible for
thousands of accidents in the Los Angeles area, causing
catastrophic injuries or death for bicyclists. The Act
clarified the law of behavior for the motorists when
encountering bicyclists in the shared roadway and helped make
the road more user-friendly for cyclists.
According to the author, AB 2509 is complimentary to AB 1371 by
giving further clarity to the interaction of motorists and
bicyclists in the shared roadway. The author notes that in
many cities, most commuter traffic occurs in the shared roadway,
which is a street or highway without a designated bikeway and
therefore cyclists are forced to travel in the vehicle lane and
share space with automobiles. In this case, current law
requires cyclists to ride as close as practicable to the
right-hand curb or edge of the roadway when moving less than the
normal speed of traffic.
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Current law includes exceptions to this rule, including when a
cyclist is overtaking and passing another bicycle or vehicle,
preparing for a left turn or right-hand turn, is necessary to
avoid hazards, including fixed objects or pedestrians, or if the
lane is too narrow. This bill would expand the current
exceptions to this requirement by including all classes of
formal bikeways. The author contends that current law does not
recognize designated bikeways for the purposes of defining
cyclist's behavior, and the change would provide that cyclists
traveling in designated bikeways do not also have to be required
to ride as close to the right-hand curb or edge as practicable.
Cyclists are currently required to stay in a designated
bikeway.
Additionally, AB 2509 allows for cyclists to ride beside one
another in any of the excepted situations. In writing in
support of this bill, the California Bicycle Coalition, states
that riding side-by-side in pairs or in a group makes bicycling
more comfortable, enjoyable, and safe, especially for families
riding with children or for people who may be new to bicycling.
Clearly permitting side-by-side riding will help to promote
bicycling by allowing people bicycling to ride and converse with
friends and family. The Coalition goes on to say that existing
law still requires people bicycling to ride to the right and
move out of the path of vehicle travel if they are impeding
multiple vehicles, so permitting side-by-side riding will not
result in changes to traffic flow.
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Committee concerns: AB 2509 attempts to clarify that cyclists
have the ability to utilize the full width of designated
bikeways, however, even in designated bikeways, side-by-side
riding may not be able to be accomplished within that
right-of-way, therefore possibly pushing cyclists closer into
vehicular lanes and in the path of vehicles. Additionally,
cyclists riding side-by-side may be forced into the vehicular
lanes to avoid conditions such as fixed objects, like a parked
car or a surface hazard. This could impede the motorists'
ability to comply with other rules of the road and the three
foot for safety rule.
As the state and regions continue to work toward the goal
reducing greenhouse gas emissions, as well as cutting other
forms of air pollution, as set forth in AB 32 (Nunez), Chapter
488, Statutes of 2006, increasing the mode shift from single
occupant car trips to other forms of transportation is an
important element for success. As the California Bicycle
Coalition notes that one strategy for increasing bicycling is to
invest in more bikeways in local communities across the state,
which provide safe facilities that encourage use by people who
may be new to riding. The state is making many of these
investments through the Active Transportation Program, and local
jurisdictions are putting local dollars into building bikeways
as well. As we continue to incentivize bicycle transportation
for commuting and recreation, we must fully understand the
implications of co-use roadway, and enact rules of the road for
cyclists and motorists that can be enforced uniformly.
Previous legislation: AB 1371 (Bradford), Chapter 331, Statutes
of 2013, established the Three Feet for Safety Act, which
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requires a driver to pass at a distance of at least three feet
between the vehicle and the bicycle on a roadway.
AB 208 (Bigelow), Chapter 265, Statues of 2015, requires 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 slow-moving vehicle
must turn off the highway at the nearest safe turnout to allow
other vehicles to pass.
SB 1464 (Alan Lowenthal) of 2012, would have sets requirements
for the safe passing of bicyclists by motor vehicles and
establishes fines and penalties for failure to abide by these
requirements. SB 1464 was vetoed by the Governor on the grounds
that the bill authorized a dangerous maneuver (crossing double
yellow pavement markings) and would weaken the state's defense
to lawsuits. SB 1464 was vetoed by the Governor.
SB 910 (Alan Lowenthal) of 2011, would have established a
minimum three-foot passing distance and required vehicles to
slow to 15 mph when passing a bicyclist with less than three
feet of passing distance. SB 910 was vetoed by the Governor.
AB 60 (Nava) of 2008, would have required drivers to pass
bicyclists with a minimum clearance of three feet, a violation
of which would have been an infraction punishable by a $250
fine. In addition, AB 60 would have made it a misdemeanor or
felony if the person operating the motor vehicle in violation of
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the above requirement caused great bodily harm to the bicycle
operator. AB 60 was returned to the Chief Clerk pursuant to
Joint Rule 56.
AB 1941 (Nava) of 2006, would have prohibited a vehicle from
driving in a designated two-way left-turn lane, for purposes of
overtaking and passing a bicycle or merging into adjacent lanes
of travel. AB 1941 would have required motor vehicle drivers to
leave a minimum three foot clearance when passing a bicyclist
with violations assessed with base fine of $250. In addition,
AB 1941 would have made it a felony or a misdemeanor, upon
conviction, for a person driving a motor vehicle to cause great
bodily injury or death to the bicyclist. AB 1941 failed passage
in this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Bicycle Coalition (Sponsor)
Bike East Bay
Bike Santa Cruz County
Bike SLO County
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California Association of Bicycling Organizations
Chico Velo
Inland Empire Biking Alliance
Livable Communities, Inc.
Marin County Bicycle Coalition
Napa County Bicycle Coalition
San Diego County Bicycle Coalition
Santa Barbara Bicycle Coalition
Silicon Valley Bicycle Coalition
Opposition
None on file
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Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093