BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1464
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: lowenthal
VERSION: 4/9/12
Analysis by: Eric Thronson FISCAL: yes
Hearing date: April 17, 2012
SUBJECT:
Passing of bicycles
DESCRIPTION:
This bill sets requirements for the safe passing of bicyclists
by motor vehicles and establishes fines and penalties for
failure to abide by these requirements.
ANALYSIS:
Existing law grants a cyclist all of the rights and subjects him
or her to all of the laws applicable to the driver of a motor
vehicle, except for those laws that by their very nature can
have no application. In addition, existing law requires a
cyclist travelling at a speed less than the normal speed of
traffic moving in the same direction to ride as close as
practicable to the right-hand side of the roadway except under
certain circumstances, such as when passing another bicycle or
vehicle.
When passing a vehicle or bicycle proceeding in the same
direction, existing law requires the driver of a vehicle to pass
to the left "at a safe distance without interfering with the
safe operation of the vehicle or bicycle." On a two-lane
highway, a driver may not drive to the left of the center of the
roadway in passing another vehicle proceeding in the same
direction unless the left side is clearly visible and free of
oncoming traffic for a sufficient distance to pass. If double
parallel solid lines are in place, a driver may not drive to the
left of those lines unless the driver is making a legal U-turn,
turning left at an intersection or into or out of a driveway, or
if signs have otherwise been erected to permit it.
This bill :
Allows a driver to cross solid yellow lines, as long as
SB 1464 (LOWENTHAL) Page 2
otherwise safe to do so, when passing a bicycle travelling
the same direction on a two-lane highway if the lanes are
too narrow for both the vehicle and a bicycle to travel
safely side by side.
Specifies that a motor vehicle passing a bicycle
travelling in the same direction must do so at a safe
distance, and no closer than three feet. This bill
includes an exception to this requirement, allowing
vehicles to pass within three feet as long as the driver of
the vehicle slows to a reasonable and prudent speed, having
due regard for the size and speed of the motor vehicle,
traffic conditions, weather, and highway conditions.
Defines the penalty for the driver of a motor vehicle
passing too close to a cyclist to be $35 (after all penalty
assessments, fees, and surcharges are added, the total bail
is $233), and $220 ($959 total bail) if a collision occurs
that causes bodily injury to the cyclist.
COMMENTS:
1.Purpose . The author states that current law requiring a
motorist to "pass to the left at a safe distance" when passing
a cyclist is vague and that this bill addresses that
deficiency by defining a safe distance as three feet.
The California Bicycle Coalition (CBC) is co-sponsoring this
measure, along with Mayor Villaraigosa and the City of Los
Angeles, "as a way to help protect people who ride bicycles
for transportation and recreation on public streets and
roads." Studies show that passing-from-behind collisions are
the leading cause of bicyclist deaths, contributing about 40%
of all bicycle deaths involved in motor collisions. The
sponsor further explains that "by giving drivers clearer
guidance on how to pass cyclists safely, SB 1464 will help
prevent these types of collisions and thus save lives."
Finally, solving this critical safety problem would also go a
long way toward easing the concerns of many would-be cyclists
and enable more of them to feel confident about choosing to
ride a bicycle.
2.Enforceability . This bill requires both a driver and a law
enforcement officer to judge the distance between the
overtaking vehicle and a bicyclist as the driver of the
vehicle passes, yet there is no practical way to measure three
SB 1464 (LOWENTHAL) Page 3
feet from afar when two objects are moving. How can either be
sure that the driver is not 3 feet, 3 inches away rather than
2 feet, 9 inches? What if a bicyclist inadvertently moves
slightly toward the vehicle by a few inches or intentionally
swerves toward it to avoid other hazards in the road, such as
debris or a car door opening? Enforcing the three-foot buffer
may prove challenging given the difficulties involved in
measuring three feet.
3.Is three feet always "safe ?" By defining safe distance as
three feet, this bill presupposes that three feet is always a
safe distance. There may be instances, however, when three
feet of clearance is inadequate and a driver should provide
greater clearance to ensure a safe distance when passing.
Examples include when a driver can see debris in the roadway
that could conceivably cause a cyclist to veer or when there
is a high turnover of vehicles parked along the side of the
road. Safe passing is not solely determined by those
conditions present at the moment a driver decides to pass, but
those the driver anticipates could occur when he or she is
actually passing.
4.Governor's veto . Except for one difference, this bill is
essentially the same as SB 910 (Lowenthal), which this
committee passed last year 6 to 3 on May 3, 2011, but which
the governor ultimately vetoed. The governor indicated in his
veto message that he wholeheartedly supports improving bicycle
safety, and he believed last year's bill offered some needed
and clear improvements to the law such as specifying a minimum
passing buffer of three feet. The only concern the governor
raised involved the provision of SB 910 which required passing
cars to slow to 15 MPH. The author believes the governor's
concern has been addressed in this bill by replacing the 15
MPH provision with language allowing a passing vehicle, should
conditions require, to slow to a reasonable and prudent speed
and pass within the three-foot margin.
5.Other states . According to information the CBC provided,
approximately 20 states and the District of Columbia have
enacted laws specifying a minimum passing distance of at least
three feet for drivers overtaking cyclists. The first was
Wisconsin in 1973. The majority of the others passed their
laws in the last ten years, with at least two more states
considering similar legislation this spring.
6.Technical amendment .
SB 1464 (LOWENTHAL) Page 4
On page 4, line 30 strike out (a) and insert " (b), (c),
or (d) "
On page 4, line 35 strike out (a) and insert " (b), (c),
or (d) "
1.Other recent legislation . In addition to SB 910, there have
been two recent attempts to establish a three-foot passing
law: AB 60 (Nava) in 2007, and AB 1941 (Nava) in 2006. Both
measures died in the Assembly Transportation Committee.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 11, 2012)
SUPPORT: California Bicycle Coalition (co-sponsor)
Mayor Villaraigosa and the City of Los Angeles
(co-sponsor)
The Automobile Club of Southern California
Sierra Club California
Local Government Commission
Over 50 California Bicycle Clubs and Advocacy
Groups
Roughly 550 individuals
OPPOSED: None received.