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
SB 1464
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