Bill Text: CA AB1909 | 2021-2022 | Regular Session | Chaptered
Bill Title: Vehicles: bicycle omnibus bill.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 343, Statutes of 2022. [AB1909 Detail]
Download: California-2021-AB1909-Chaptered.html
Assembly Bill
No. 1909
CHAPTER 343
An act to amend Sections 21207.5, 21760, and 39002 of, and to amend, repeal, and add Sections 21456 and 21456.2 of, the Vehicle Code, relating to vehicles.
[
Approved by
Governor
September 16, 2022.
Filed with
Secretary of State
September 16, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1909, Friedman.
Vehicles: bicycle omnibus bill.
Existing law generally regulates the operation of bicycles upon a highway. A violation of these provisions, generally, is punishable as an infraction.
(1) Existing law prohibits the operation of a motorized bicycle or a class 3 electric bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, as specified. Existing law authorizes a local authority to additionally prohibit the operation of class 1 and class 2 electric bicycles on these facilities.
This bill would remove the prohibition of class 3 electric bicycles on these facilities and would instead authorize a local authority to prohibit the operation of any electric bicycle or any class of electric bicycle on an equestrian trail, or hiking or recreational trail.
The bill would also authorize the Department of Parks and Recreation to prohibit the operation of an electric bicycle or any class of electric bicycle on any bicycle path or trail within the department’s jurisdiction.
(2) Existing law requires a vehicle at an intersection controlled by a traffic control signal, or traffic light, to stop or proceed as directed by the signal. Existing law makes these provisions applicable to pedestrians and bicycles, as specified. Under existing law, a pedestrian facing a solid red traffic control signal may enter the intersection if directed to do so by a pedestrian control signal displaying “WALK” or an approved “walking person” symbol.
This bill would, commencing January 1, 2024, extend this authorization to cross the intersection to a bicycle, unless otherwise directed by a bicycle control signal.
(3) Existing law requires the driver of a motor vehicle that is passing or overtaking a bicycle to do so in a safe manner, as specified, and in no case at a distance of less than 3 feet.
This bill would additionally require a vehicle that is passing or overtaking a vehicle to move over to an adjacent lane of traffic, as specified, if one is available, before passing or overtaking the bicycle.
(4) Existing law authorizes a local authority to adopt a bicycle licensing ordinance or resolution, as specified. Existing law authorizes a local authority that has adopted a bicycle licensing ordinance or resolution to prohibit a resident of that jurisdiction to operate a bicycle in a public place within the jurisdiction unless the bicycle is licensed.
This bill would instead prohibit a jurisdiction from
requiring any bicycle operated within its jurisdiction to be licensed.
(5) By changing the existing elements of existing infractions, this bill would impose a state-mandated local program.
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.
(6) This bill would incorporate additional changes to Section 21456 of the Vehicle Code proposed by AB 2147 to be operative only if this bill and AB 2147 are both enacted and this bill is
enacted last.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21207.5 of the Vehicle Code is amended to read:21207.5.
(a) Notwithstanding Sections 21207 and 23127 of this code, or any other law, a motorized bicycle shall not be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation.(b) The local authority or governing body of a public agency having jurisdiction over an equestrian trail, or hiking or recreational trail, may prohibit, by ordinance, the operation of an electric bicycle or any class of electric
bicycle on that trail.
(c) The Department of Parks and Recreation may prohibit the operation of an electric bicycle or any class of electric bicycle on any bicycle path or trail within the department’s jurisdiction.
SEC. 2.
Section 21456 of the Vehicle Code is amended to read:21456.
(a) If a pedestrian control signal showing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:(1) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way
to vehicles lawfully within the intersection at the time that signal is first shown.
(2) A flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol with a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal, but must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends.
(3) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “WALK” or approved “Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the steady “WAIT” or “DON’T WALK” or approved “Upraised Hand” symbol is showing.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.5.
Section 21456 of the Vehicle Code is amended to read:21456.
(a) If a pedestrian control signal showing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:(1) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the
intersection at the time that signal is first shown.
(2) A flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol with a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal but must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends.
(3) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “WALK” or approved “Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the steady “WAIT” or “DON’T WALK” or approved “Upraised Hand” symbol is showing.
(b) (1) A peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.
Section 21456 is added to the Vehicle Code, to read:21456.
(a) If a pedestrian control signal showing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:(1) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the
right-of-way to vehicles lawfully within the intersection at the time that signal is first shown. Except as otherwise directed by a bicycle control signal described in Section 21456.3, the operator of a bicycle facing a pedestrian control signal displaying a “WALK” or approved “Walking Person” symbol may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to any vehicles or pedestrians lawfully within the intersection.
(2) A flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol with a “countdown” signal indicating the time
remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal, but must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends.
(3) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross
the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “WALK” or approved “Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the steady “WAIT” or “DON’T WALK” or approved “Upraised Hand” symbol is showing.
(b) This section shall become operative on January 1, 2024.
SEC. 3.5.
Section 21456 is added to the Vehicle Code, to read:21456.
(a) If a pedestrian control signal showing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:(1) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown. Except as otherwise directed by a bicycle control signal described in Section 21456.3, the operator of a bicycle facing a pedestrian control signal displaying a “WALK” or approved “Walking Person” symbol may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to any vehicles or
pedestrians lawfully within the intersection.
(2) A flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol with a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal, but must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends.
(3) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “WALK” or approved
“Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the steady “WAIT” or “DON’T WALK” or approved “Upraised Hand” symbol is showing.
(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian
within the roadway.
(c) This section shall become operative on January 1, 2024.
SEC. 4.
Section 21456.2 of the Vehicle Code is amended to read:21456.2.
(a) Unless otherwise directed by a bicycle signal as provided in Section 21456.3, an operator of a bicycle shall obey the provisions of this article applicable to the driver of a vehicle.(b) Whenever an official traffic control signal exhibiting different colored bicycle symbols is shown concurrently with official traffic control signals exhibiting different colored lights or arrows, an operator of a bicycle facing those traffic control signals shall obey the bicycle signals as provided in Section 21456.3.
(c) This section shall remain in effect only until January 1, 2024, and
as of that date is repealed.
SEC. 5.
Section 21456.2 is added to the Vehicle Code, to read:21456.2.
(a) Unless otherwise directed by a bicycle signal as provided in Section 21456.3, or as otherwise provided in subdivision (a) of Section 21456, an operator of a bicycle shall obey the provisions of this article applicable to the driver of a vehicle.(b) Whenever an official traffic control signal exhibiting different colored bicycle symbols is shown concurrently with official traffic control signals or pedestrian control signals exhibiting different colored lights or arrows, an operator of a bicycle facing those traffic control signals shall obey the bicycle signals as provided in Section 21456.3.
(c) This section shall become operative on January 1, 2024.
SEC. 6.
Section 21760 of the Vehicle Code is amended to read:21760.
(a) This section shall be known and may be cited as the Three Feet for Safety Act.(b) 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 requirements 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, visibility, and the surface and width of the highway.
(c) 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. The driver of a motor vehicle overtaking or passing a bicycle that is proceeding in the same direction and in the same lane of travel shall, if another lane of traffic proceeding in the same direction is available, make a lane change into another available lane with due regard for safety and traffic conditions, if practicable and not prohibited by law, before overtaking or passing the bicycle.
(d) If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of
the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway.
(e) (1) A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).
(2) If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle, and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed on that driver.
SEC. 7.
Section 39002 of the Vehicle Code is amended to read:39002.
(a) A city or county, which adopts a bicycle licensing ordinance or resolution, shall not prohibit the operation of an unlicensed bicycle.(b) It is unlawful for any person to tamper with, destroy, mutilate, or alter any license indicia or registration form, or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency’s identifying symbol, on any bicycle frame licensed under this division.
