BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1464
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          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 1464 (Lowenthal) - As Amended:  August 6, 2012 

          Policy Committee:                              
          TransportationVote:10-3

          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)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.

          2)Creates an infraction for violation of three-foot rule, 
            punishable by a $35 fine.

          3)Creates a fine of $220 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.

           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 








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            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)Related Legislation.   Several recent bills have sought to 
            require a three-foot passing rule.  SB 910, (Lowenthal, 2011) 
            was vetoed by the governor; AB 60 (Nava, 2008) failed passage 
            in the Assembly Transportation Committee; AB 1941 (Nava, 2006) 
            also failed passage in the Assembly Transportation Committee.  
             
             
           4)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.

           5)Opposition  .  At the time this analysis was prepared, there was 
            one private individual formally registered in opposition to 
            this bill.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081 









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