BILL ANALYSIS Ó
AB 2509
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ASSEMBLY THIRD READING
AB
2509 (Ting)
As Amended April 6, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Transportation |10-5 |Frazier, Bloom, |Linder, Baker, Kim, |
| | |Brown, Chu, Daly, |Mathis, Melendez |
| | |Dodd, Eduardo Garcia, | |
| | |Gomez, Medina, | |
| | |O'Donnell | |
| | | | |
| | | | |
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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:
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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.
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.
FISCAL EFFECT: Unknown. This bill was keyed non-fiscal by the
Legislative Counsel.
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.
According to the author, this bill is complimentary to AB 1371
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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.
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, this bill 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.
Assembly Transportation Committee Comments: This bill attempts
to clarify that cyclists have the ability to utilize the full
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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 (Núñez), 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.
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by:
Melissa White / TRANS. / (916) 319-2093 FN:
0002732
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