3 foot passing law as amended yesterday

[Paul Nevins]

BILL NUMBER: SB 910   AMENDED
   BILL TEXT

   AMENDED IN ASSEMBLY  JUNE 22, 2011
   AMENDED IN SENATE  MAY 10, 2011
   AMENDED IN SENATE  APRIL 26, 2011
   AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 18, 2011

   An act to amend Sections 21460 and 21750 of, and to add Section
21750.1 to, the Vehicle Code, relating to vehicles.


   LEGISLATIVE COUNSEL'S DIGEST


   SB 910, as amended, Lowenthal. Vehicles: bicycles: passing
distance.
   (1) Under existing law, a driver of a vehicle overtaking another
vehicle or a bicycle proceeding in the same direction is required to
pass to the left at a safe distance without interfering with the safe
operation of the overtaken vehicle or bicycle, subject to certain
limitations and exceptions. A violation of this provision is an
infraction punishable by a fine not exceeding $100 for a first
conviction, and up to a $250 fine for a 3rd and subsequent conviction
occurring within one year of 2 or more prior infractions.
   This bill would recast this provision as to overtaking  and
passing  a bicycle by requiring the driver of a motor vehicle
overtaking  and passing  a bicycle that is proceeding in the
same direction  on a highway  to pass  at a safe
distance, at a minimum clearance of 3 feet, or at a speed not
exceeding 15 miles per hour faster than the bicycle, without
interfering   in compliance with specified requirements
applicable to overtaking and passing a vehicle, and to do so at a
safe distance that does not interfere  with the safe operation
of the overtaken bicycle  , having due regard for the size and
speed of the motor vehicle and the bicycle, traffic conditions,
weather, and the surface and width of the highway. The bill would
prohibit the driver   of the motor vehicle that is
overtaking or passing a bicycle proceeding in the same direction on a
highway from passing at a distance of less than 3 feet between any
part of the motor vehicle and any part of the bicycle or its
operator, except as provided  . The bill would make a violation
of this provision an infraction punishable by a $35 fine. The bill
would also require the imposition of a $220 fine on a driver if a
collision occurs between a motor vehicle and a bicyclist causing
bodily harm to the bicyclist, and the driver is found to be in
violation of the above provisions.
   (2) Existing law prohibits a person from driving a vehicle to the
left of double parallel solid lines, or double parallel lines, one of
which is broken, except as provided. Notwithstanding that
prohibition, existing law permits a driver to cross those double
parallel lines if the driver is turning to the left at any
intersection or into or out of a driveway or private road or making a
U-turn under the rules governing that turn.
   This bill would additionally permit a driver  of a motor
vehicle  to cross those double parallel lines  if the
driver is on   in  a substandard width lane, as
described,  passing   to pass  a person
riding   operating  a bicycle  or
operating a pedicab  in the same direction,  and it
is safe to do so   if in compliance with a specified
provision  .
   Because this bill would create a new crime and would expand the
scope of an existing crime, this bill would impose a state-mandated
local program.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21460 of the Vehicle Code is amended to read:
   21460.  (a) If double parallel solid lines are in place, a person
driving a vehicle shall not drive to the left of those lines, except
as permitted in this section.
   (b) If double parallel lines, one of which is broken, are in
place, a person driving a vehicle shall not drive to the left of
those lines, except as follows:
   (1) The driver on that side of the roadway in which the broken
line is in place may cross over the double lines or drive to the left
of the double lines if the driver is overtaking or passing other
vehicles.
   (2) As provided in Section 21460.5.
   (c) (1) Either of the markings, as specified in subdivision (a) or
(b), does not prohibit a driver to whom  any 
either  of the following applies from crossing the marking:

    (A) The driver is on a substandard width lane, passing a person
riding a bicycle or operating a pedicab in the same direction, and it
is safe to do so. For purposes of this subdivision, a "substandard
width lane" is a lane that is too narrow for a bicycle and a vehicle
to travel safely side by side within the lane. 
   (B)
    (A)  The driver is turning to the left at any
intersection or into or out of a driveway or private road.
    (C)
    (B)  The driver is making a U-turn under the rules
governing that turn.
   (2) Either of the markings as specified in subdivision (a) or (b)
shall be disregarded if authorized signs have been erected
designating offcenter traffic lanes as permitted under Section 21657.

   (d) Raised pavement markers may be used to simulate painted lines
described in this section if the markers are placed in accordance
with standards established by the Department of Transportation.
   (e) (1) The driver of a motor vehicle in a substandard width lane
on a two-lane highway may drive to the left of either of the markings
specified in subdivision (a) or (b) to pass a person operating a
bicycle proceeding in the same direction, if in compliance with
Section 21751. 
   (2) For purposes of this subdivision, a "substandard width lane"
means a lane that is too narrow for a bicycle and a vehicle to travel
safely side by side within the lane.
  SEC. 2.  Section 21750 of the Vehicle Code is amended to read:
   21750.  The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left at a safe
distance without interfering with the safe operation of the overtaken
vehicle, subject to the limitations and exceptions set forth in this
article.
  SEC. 3.  Section 21750.1 is added to the Vehicle Code, to read:

   21750.1.  (a) The driver of a motor vehicle overtaking a bicycle
proceeding in the same direction shall pass at a safe distance, at a
minimum clearance of three feet or at a speed not exceeding 15 miles
per hour faster than the speed of the bicycle, without interfering
with the safe operation of the overtaken bicycle.
    21750.1.   (a) The driver of a motor vehicle
overtaking and passing a bicycle that is proceeding in the same
direction on a highway shall pass in compliance with the provisions
of this article applicable to overtaking and passing a vehicle, and
shall do so at a safe distance that does not interfere with the safe
operation of the overtaken bicycle, having due regard for the size
and speed of the motor vehicle and the bicycle, traffic conditions,
weather, and the surface and width of the highway. 
   (b) A driver of a motor vehicle shall not overtake or pass a
bicycle proceeding in the same direction on a highway at a distance
of less than three feet between any part of the motor vehicle and any
part of the bicycle or its operator, except that the driver may pass
the overtaken bicycle with due care at a distance of less than three
feet at a speed not greater than 15 miles per hour, if in compliance
with subdivision (a). 
   (b)
    (c)  (1) A violation of subdivision (a) is an infraction
punishable by a fine of  thirty five 
thirty-five  dollars ($35).
   (2) If a collision occurs between a motor vehicle and a bicycle
causing bodily injury to the bicyclist, and the driver of the motor
vehicle is found to be in violation of subdivision (a), a two hundred
twenty dollar ($220) fine shall be imposed on that driver.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.