Amended in Assembly February 11, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 51


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert Quirkbegin insert and Lackeyend insert

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(Coauthor: Assembly Member Chu)

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December 1, 2014


An act to amend Section 21658 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 51, as amended, Quirk. Vehicles: motorcycles: lane splitting.

(1) Existing law requires, whenever a roadway has been divided into 2 or more clearly marked lanes for traffic in one direction, that a vehiclebegin delete shallend delete be driven as nearly as practical entirely within a single lane andbegin delete shallend delete not be moved from the lane until the movement can be made with reasonable safety. A violation of the Vehicle Code is a crime.

This bill would authorize a motorcycle to be driven between rows of stopped or moving vehicles in the same lane if the speed of traffic isbegin delete 35end deletebegin insert 30end insert miles per hour or less and the motorcycle is driven no more than 10 miles per hour faster than the speed of traffic. The bill would provide that these provisions do not authorize a motorcycle to be driven in contravention of other laws relating to the safe operation of a vehicle. By creating a newbegin delete crimeend deletebegin insert crime,end insert this bill would impose a state-mandated local program.

(2) 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:

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SECTION 1.  

Section 21658 of the Vehicle Code is amended
2to read:

3

21658.  

Whenever any roadway has been divided into two or
4more clearly marked lanes for traffic in one direction, the following
5rules apply:

6(a) A vehicle shall be driven as nearly as practical entirely within
7a single lane and shall not be moved from the lane until such
8movement can be made with reasonable safety.

9(b) Official signs may be erected directing slow-moving traffic
10to use a designated lane or allocating specified lanes to traffic
11moving in the same direction, and drivers of vehicles shall obey
12the directions of the traffic device.

13(c) (1) A motorcycle, as defined in Section 400, may be driven
14between rows of stopped or moving vehicles in the same lane,
15including both divided and undivided streets, roads, or highways,
16if both of the following conditions are present:

17(A) The speed of traffic moving in the same direction isbegin delete 35end deletebegin insert 30end insert
18 miles per hour or less.

19(B) The motorcycle is not driven more than 10 miles per hour
20faster than the speed of traffic moving in the same direction.

21(2) This subdivision does not authorize a motorcycle to be driven
22in contravention of other laws relating to the safe operation of a
23vehicle.

24

SEC. 2.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



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