BILL NUMBER: SB 1464 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 24, 2012
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 1464, as introduced, 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 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. 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 prohibit a person driving a vehicle from crossing
over any part of any double parallel solid white lines except in the
above situations or when entering or exiting designated areas of
exclusive or preferential use lanes, as provided. The bill would
permit a driver of a motor vehicle to cross double parallel lines in
a substandard width lane, as described, to pass a person operating a
bicycle in the same direction, 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 yellow lines are in place
, a person driving a vehicle shall not drive to
the left of the those lines, except as
permitted in this section.
(b) If double parallel solid white lines are in place, a person
driving a vehicle shall not cross any part of those double solid
white lines, except as permitted in this section or Section 21655.8.
(c) If the double parallel lines, one of which
is broken, are in place, a person driving a vehicle shall not drive
to the left of the those lines, except
as follows:
(1) If the driver is on the side of the roadway in which the
broken line is in place, the driver may cross over the double lines
or drive to the left of the double lines when
if the driver is overtaking or passing other vehicles.
(2) As provided in Section 21460.5.
(d) (1) The markings , as
specified in subdivision (a), (b), or (c) , do not
prohibit a driver from crossing the marking if (1) turning
to the left at an intersection or into or out of a driveway or
private road, or (2) making a U-turn under the rules governing that
turn, and the markings shall be disregarded when authorized signs
have been erected designating offcenter traffic lanes as permitted
pursuant to Section 21657. markings, if either of the
following applies:
(A) The driver is turning to the left at an intersection or into
or out of a driveway or private road.
(B) The driver is making a U-turn under the rules governing that
turn.
(2) The markings, as specified in subdivision (a), (b), or (c),
shall be disregarded if authorized signs have been erected
designating off-center traffic lanes as permitted under Section
21657.
(e) 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.
(f) (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 (c) 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
or a bicycle proceeding in the same direction
shall pass to the left at a safe distance without interfering with
the safe operation of the overtaken vehicle or bicycle,
vehicle, subject to the limitations and
exceptions hereinafter stated. 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 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.
(c) (1) A violation of subdivision (a) 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 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.