BILL NUMBER: SB 1464	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JUNE 19, 2012
	AMENDED IN SENATE  APRIL 24, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Lowenthal
   (Coauthor: Assembly Member Chesbro)

                        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, 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, with specified exceptions, 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, with specified exceptions, 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 these provisions 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 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.


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 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 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) 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 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 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) The driver of a motor vehicle 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 and if both of the
following conditions are met:
   (1) The left side of the road is clearly visible and free of
oncoming traffic for a sufficient distance ahead to permit overtaking
and passing of the bicycle to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite
direction.
   (2) The driver operates the motor vehicle to the left of either of
the markings specified in subdivision (a) or (c) only to the extent
reasonably necessary to comply with Section 21750.1.
  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) 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 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, 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.
   (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. 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.