BILL ANALYSIS �
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THIRD READING
Bill No: SB 1464
Author: Lowenthal (D)
Amended: 4/24/12
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 4/17/12
AYES: DeSaulnier, Gaines, Kehoe, Lowenthal, Pavley, Rubio,
Simitian, Wyland
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Passing of bicycles
SOURCE : California Bicycle Coalition
Mayor Antonio Villaraigosa
DIGEST : 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
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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:
1. Allows a driver to cross solid yellow lines, as long as
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.
2. 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.
3. 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.
Prior Legislation
Governor's veto . Except for one difference, this bill is
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essentially the same as SB 910 (Lowenthal), which this
committee passed last year 6 to 3 on May 3, 2011, but which
Governor Brown 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
The bill which required passing cars to slow to 15 miles
per hour (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.
Other states . According to information the California
Bicycle Coalition (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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/9/12)
California Bicycle Coalition (co-source)
Mayor Antonio Villaraigosa (co-source)
Local Government Commission
Over 50 Bicycle Clubs
Sierra Club California
The Automobile Club of Southern California
ARGUMENTS IN SUPPORT : The author's office 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 CBC is co-sponsoring this bill, along with Mayor
Villaraigosa, "as a way to help protect people who ride
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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 percent 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.
JJA:kc 5/9/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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