Bill Text: CA SB910 | 2011-2012 | Regular Session | Amended

California Senate Bill 910 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicles: bicycles: passing distance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB910 Detail]

Download: California-2011-SB910-Amended.html

BILL NUMBER: SB 910	AMENDED
	BILL TEXT

	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 a bicycle
by requiring the driver of a motor vehicle overtaking a bicycle that
is proceeding in the same direction to pass  to the left
 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 with the safe operation of the overtaken bicycle.
The bill would make a violation of this provision an infraction
punishable by a  $220   $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 to cross those double
parallel lines if the driver is on a substandard width lane,  as
described,  passing a person riding a bicycle or operating a
pedicab in the same direction, and it is safe to do so.
   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 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) The  drive  driver  is turning to
the left at any intersection or into or out of a driveway or private
road.
    (C) 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.
  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  to the left
 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.
   (b)  (1)    A violation of subdivision (a) is an
infraction punishable by a fine of  two hundred twenty
dollars ($220).   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.