BILL ANALYSIS �
SB 910
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 910 (Lowenthal) - As Amended: June 22, 2011
Policy Committee:
TransportationVote:8-5
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill creates standards for vehicles attempting to pass
bicycles on a highway and penalty amounts for violations.
Specifically, this bill:
1)Authorizes a driver of a motor vehicle in a substandard width
lane to cross double parallel lines in order to pass a
bicycle.
2)Requires a driver passing a bicycle to do so in a way that
does not interfere with the safe operation of the bicycle and
at a distance of no less than three feet between any part of
the vehicle and bicycle.
3)Makes an exception to the three-foot rule for a vehicle
travelling less than 15 miles per hour if the driver takes due
care.
4)Creates an infraction for violation of three-foot rule,
punishable by a $35 fine.
5)Creates a fine of $250 against a driver involved in a
collision that causes bodily harm to a bicyclist if the driver
violated the three-foot rule.
FISCAL EFFECT
1)Negligible state costs.
2)Potential annual fine revenue of a minor amount, likely no
more than tens of thousands of dollars.
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COMMENTS
1)Rationale. The sponsor contends this bill will increase the
safety of bicyclists traveling on highways, which include many
urban surface streets, thereby encouraging bicycling.
2)Background. Current law requires a driver to pass to the left
of a vehicle or bicycle at a safe distance without interfering
with the safe operation of the overtaken vehicle or bicycle
and includes specifies fines for failing to do so. Some
cycling advocates contend this standard is vague and
inadequately protects cyclists. These proponents assert that
the three-foot rule, as proposed by this bill, increases
cyclist safety by adding certainty around a driver's
responsibility to share the road with bicycles. Proponents
note that 17 states have adopted some variation of the
three-foot rule into law.
It seems reasonable to assume that keeping vehicles a safe
distance from bicycles increases cyclist safety. However,
proponents provided no empirical evidence that the three-foot
rule reduces either vehicle-bicycle collisions or the severity
of cyclist injury, or that it increases the likelihood that
commuters will use bicycles on highways to meet their
transportation needs.
It is reasonable to assume codification of the three-foot
rule may do little to increase cyclist safety or bicycle
ridership, absent better design of urban roadways to
accommodate multiple vehicle types and increased and
consistent enforcement of traffic safety laws, whatever they
may be.
3)Support . This bill is supported by the Mayor of Los Angeles
(sponsor), the California Bicycle Coalition (sponsor), and
numerous other cyclist advocates, who contend codification of
the three-foot rule will increase cyclist safety and comfort,
thereby encouraging use of bicycles.
4)Opposition . This bill is opposed by AAA of Northern
California, the Automobile Club of Southern California and the
California Teamsters Public Affairs Council, who contend the
three-foot rule will be difficult, if not impossible, for
drivers and cyclists to implement and for law enforcement to
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enforce and that, by replacing driver judgment with an
arbitrary, inflexible rule, may reduce roadway safety.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081