Bill Text: CA AB28 | 2015-2016 | Regular Session | Chaptered
Bill Title: Bicycle safety: rear lights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 549, Statutes of 2015. [AB28 Detail]
Download: California-2015-AB28-Chaptered.html
BILL NUMBER: AB 28 CHAPTERED
BILL TEXT
CHAPTER 549
FILED WITH SECRETARY OF STATE OCTOBER 7, 2015
APPROVED BY GOVERNOR OCTOBER 7, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY FEBRUARY 11, 2015
INTRODUCED BY Assembly Member Chu
DECEMBER 1, 2014
An act to amend Section 21201 of the Vehicle Code, relating to
bicycle safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 28, Chu. Bicycle safety: rear lights.
Existing law requires that a bicycle operated during darkness upon
a highway, a sidewalk where bicycle operation is not prohibited by
the local jurisdiction, or a bikeway, as defined, be equipped with a
red reflector on the rear that is visible from a distance of 500 feet
to the rear when directly in front of lawful upper beams of
headlamps on a motor vehicle. A violation of this requirement is an
infraction.
This bill would instead require that a bicycle operated under
those circumstances be equipped with a red reflector or a solid or
flashing red light with a built-in reflector on the rear that is
visible from a distance of 500 feet to the rear when directly in
front of lawful upper beams of headlamps on a motor vehicle. By
revising the definition of a crime, the bill would impose a
state-mandated local program. The bill would also include a statement
of legislative findings and declarations.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Governors Highway Safety Association's report entitled
"Spotlight on Highway Safety: Bicyclist Safety" states that the
greatest numbers of bicyclist deaths from 2010 to 2012, inclusive,
occurred in high population states with many urban centers. In
addition, according to the report, this state had the highest number
of bicycle fatalities from 2010 to 2012, inclusive, at 338 deaths
followed by Florida (329), Texas (143), New York (138), Illinois
(80), and Michigan (72). These six states accounted for more than
one-half (54 percent) of all bicyclist fatalities.
(b) In California, there were 123 bicyclist fatalities in 2012.
These deaths had an impact on the family members of the bicyclists,
as well as on the motor vehicle drivers involved in those accidents
and the families of those motor vehicle drivers.
(c) Although there are many different approaches to reducing
accidents resulting in injuries and fatalities to bicyclists,
enhancing visibility is important, particularly in light of the fact
that many collisions take place in periods of darkness. In 2012, 27
percent of bicyclist deaths in California occurred between 9 p.m. and
6 a.m.
SEC. 2. Section 21201 of the Vehicle Code is amended to read:
21201. (a) No person shall operate a bicycle on a roadway unless
it is equipped with a brake that will enable the operator to make one
braked wheel skid on dry, level, clean pavement.
(b) No person shall operate on the highway a bicycle equipped with
handlebars so raised that the operator must elevate his or her hands
above the level of his or her shoulders in order to grasp the normal
steering grip area.
(c) No person shall operate upon a highway a bicycle that is of a
size that prevents the operator from safely stopping the bicycle,
supporting it in an upright position with at least one foot on the
ground, and restarting it in a safe manner.
(d) A bicycle operated during darkness upon a highway, a sidewalk
where bicycle operation is not prohibited by the local jurisdiction,
or a bikeway, as defined in Section 890.4 of the Streets and Highways
Code, shall be equipped with all of the following:
(1) A lamp emitting a white light that, while the bicycle is in
motion, illuminates the highway, sidewalk, or bikeway in front of the
bicyclist and is visible from a distance of 300 feet in front and
from the sides of the bicycle.
(2) A red reflector or a solid or flashing red light with a
built-in reflector on the rear that shall be visible from a distance
of 500 feet to the rear when directly in front of lawful upper beams
of headlamps on a motor vehicle.
(3) A white or yellow reflector on each pedal, shoe, or ankle
visible from the front and rear of the bicycle from a distance of 200
feet.
(4) A white or yellow reflector on each side forward of the center
of the bicycle, and a white or red reflector on each side to the
rear of the center of the bicycle, except that bicycles that are
equipped with reflectorized tires on the front and the rear need not
be equipped with these side reflectors.
The reflectors and reflectorized tires shall be of a type meeting
requirements established by the department.
(e) A lamp or lamp combination, emitting a white light, attached
to the operator and visible from a distance of 300 feet in front and
from the sides of the bicycle, may be used in lieu of the lamp
required by paragraph (1) of subdivision (d).
SEC. 3. 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.
