BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1464
Author: Lowenthal (D)
Amended: 8/6/12
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
SENATE FLOOR : 27-6, 5/25/12
AYES: Alquist, Berryhill, Blakeslee, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Gaines,
Hernandez, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Steinberg, Vargas,
Wolk, Wright, Yee
NOES: Anderson, Dutton, Fuller, Harman, Huff, Walters
NO VOTE RECORDED: Calderon, Hancock, Kehoe, Runner,
Simitian, Strickland, Wyland
ASSEMBLY FLOOR : 54-24, 8/27/12 - See last page for vote
SUBJECT : Passing of bicycles
SOURCE : California Bicycle Coalition
Mayor Antonio Villaraigosa
DIGEST : This bill sets requirements for the safe passing
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of bicyclists by motor vehicles and establishes fines and
penalties for failure to abide by these requirements.
Assembly Amendments delete the definition and references to
"substandard width lane," clarify the circumstances in
which a driver of a motor vehicle may, due to road
conditions, may pass a bicycle at a distance of less than
three feet, and add conditions required for a motor vehicle
to cross double parallel solid lines in order to pass a
bicycle proceeding in the same direction on a two-lane
highway.
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:
1. Authorizes drivers on a two-lane highway to drive to the
left of double solid yellow or double solid white lines
or double parallel lines, one of which is broken, to
pass a bicyclist proceeding in the same direction under
certain conditions.
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2. Establishes the "Three Feet for Safety Act" that
requires:
A. A driver overtaking and passing a bicycle
proceeding in the same direction on a highway to do
so at a safe distance that does not interfere with
the safe operation of the bicycle;
B. A driver to provide three feet distance between
the vehicle and the bicycle or its operator when
passing; and,
C. A driver to slow to a reasonable and prudent speed
when passing a bicyclist if the driver is unable to
provide the minimum three-foot passing distance due
to traffic or roadway conditions.
3. Makes failure to comply with the "Three Feet for Safety
Act" an infraction punishable by a base fine of $35.
4. Requires a $220 fine to be imposed on the driver of the
motor vehicle who is found to be in violation of the
"Three Feet for Safety Act" that a collision occurs
between a motor vehicle and a bicycle causing bodily
injury to the bicyclist.
5. Makes related, clarifying changes.
Prior Legislation
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
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
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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 8/28/12)
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
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.
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ASSEMBLY FLOOR : 54-24, 8/27/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Block, Blumenfield, Bonilla, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Gatto, Gordon, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Nestande,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Skinner,
Solorio, Swanson, Torres, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines,
Garrick, Gorell, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nielsen, Norby, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Carter, Galgiani
JJA:k 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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