BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 51| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 51 Author: Quirk (D) and Lackey (R), et al. Amended: 6/1/16 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/14/16 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 58-14, 5/28/15 - See last page for vote SUBJECT: Vehicles: motorcycles: lane splitting SOURCE: Author DIGEST: This bill authorizes the California Highway Patrol (CHP) to develop educational guidelines on lane splitting, the practice whereby motorcycles drive between two rows of stopped or moving cars in the same lane. ANALYSIS: Existing law: 1)Authorizes the state Department of Transportation (Caltrans) and local authorities to prohibit or restrict the use of freeways, expressways, or any portion thereof, in their respective jurisdictions by pedestrians, bicycles, or other AB 51 Page 2 non-motorized traffic or by any person operating a motor-driven cycle, motorized bicycle, or motorized scooter. 2)Directs slow-moving vehicles to use the right-hand lane and authorizes Caltrans to designate a certain lane or lanes for slow-moving traffic. 3)Generally requires vehicles to drive on the right half of the roadway and to pass slower traffic on the left. 4)Requires, when a roadway has been divided into two or more clearly marked lanes for traffic in one direction, that a vehicle be driven entirely within a single lane to the extent feasible. This bill: 1)Defines "lane splitting" as driving a motorcycle between rows of stopped or moving vehicles in the same lane, including both divided and undivided streets, roads, or highways. 2)Authorizes the CHP to develop educational guidelines on lane splitting to help ensure the safety of motorcyclists as well as drivers and passengers of surrounding vehicles. 3)Requires the CHP, in developing the guidelines, to consult with agencies and organizations with an interest in road safety and motorcycle behavior, including but not limited to the Department of Motor Vehicles (DMV), Caltrans, the Office of Traffic Safety (OTS), and a motorcycle organization focused on motorcycle safety. Background 1)CHP guidelines: In recognition of the need for guidance on lane splitting, the CHP convened a committee of traffic-safety stakeholders and motorcycle-safety experts representing the public, government, private, and academic communities. The resulting guidelines were posted on the CHP and OTS websites in 2013 and printed in the 2014 DMV Motorcycle Handbook. However, a complaint was filed with the Office of Administrative Law (OAL) claiming that the guidelines were developed without a public process and were therefore "underground" regulations. The OAL stated that the CHP had no AB 51 Page 3 authority to publish guidelines, so the CHP removed the guidelines from its website and the DMV and OTS followed suit. 2)What does the research say? A 2014 study published by UC Berkeley in collaboration with OTS found that lane splitting can be done safely when a rider is traveling only slightly faster than the surrounding traffic, and that lane-splitting motorcyclists are less likely to be rear-ended than car drivers. A follow-up study published by UC Berkeley in 2015 found that during lane-splitting collisions, head injury occurrence is low at all motorcycle speeds up to 50 mph and increases markedly above that speed. According to this study, many motorcyclists do not understand how lane splitting at excessive speed creates unnecessary risk. The study also found that riders who adopt a 10 mph or 15 mph speed differential practice may reduce their exposure to injury risk. 3)Amended in Senate. The prior version of this bill, as passed by the Assembly, authorized a motorcyclist to lane split if the motorcycle was driven at a speed of not more than 50 miles per hour and not more than 15 miles per hour faster than the speed of traffic. After consulting with the CHP about the now-defunct guidelines from 2013, the author amended this bill into its current form. Related/Prior Legislation SB 350 (Beall of 2013) would have prohibited, with the exception of a peace officer, a motorcycle from passing another vehicle in a portion of a lane occupied by that vehicle unless certain conditions were met, including that the passing occurs during traffic congestion and the passing occurs at a safe speed. The bill was never heard because the author dropped it pending research findings. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified6/27/16) AB 51 Page 4 ABATE of California American Motorcyclist Association Association of Orange County Deputy Sheriffs Automobile Club of Southern California Bay Area Riders Forum California Motorcycle Dealers Association California Statewide Law Enforcement Association CityBike Magazine Fraternal Order of Police, California State Lodge Lane Splitting Is Legal Liberty Mutual Insurance Long Beach Police Officers Association Los Angeles County Professional Peace Officers Association Motorcycle Industry Council Personal Insurance Federation of California Sacramento County Deputy Sheriffs Association Santa Ana Police Officers Association OPPOSITION: (Verified6/27/16) Stop Lane Splitting 4 individuals ARGUMENTS IN SUPPORT: The author states that existing law is silent on lane splitting. Although the CHP posted lane-splitting guidelines on its website in early 2013, it soon had to withdraw them (see background). The lack of guidelines has forced the CHP to curtail education and outreach efforts on lane splitting and has created confusion for both motorcyclists and drivers. Because statute does not specifically prohibit lane splitting, it is allowed with no restrictions. The author states that there are several practical reasons for allowing a motorcycle to lane split under certain conditions: motorcycles have no air bags, cooling mechanism, or cages, and motorcyclists are at a lower visibility to other drivers when traveling on highly congested roads. Although many motorcyclists lane split safely and only in slow traffic conditions, others do so at unsafe speeds and with no regard for the safety of others. The author states that this bill will help provide guidance on lane splitting and enable the CHP to renew its education and outreach on this issue. AB 51 Page 5 ARGUMENTS IN OPPOSITION: Opponents argue that lane splitting should not be made legal under any circumstances, for a number of reasons. For example, lane splitting encourages speeding because a motorcyclist must be going faster than the speed of traffic in order to "split" (pass cars). In addition, lane splitting increases distracted-driving issues because drivers panic when they are suddenly and unexpectedly passed by a splitting biker, often at high speeds. Opponents also state that street and highway lanes are built to be occupied by a vehicle, not shared by a vehicle and a motorcycle. ASSEMBLY FLOOR: 58-14, 5/28/15 AYES: Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chávez, Chiu, Chu, Cooley, Cooper, Dodd, Eggman, Beth Gaines, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, McCarty, Medina, Melendez, Mullin, O'Donnell, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Thurmond, Ting, Wagner, Weber, Williams, Wood, Atkins NOES: Achadjian, Brough, Dababneh, Gallagher, Gatto, Gray, Linder, Mathis, Obernolte, Olsen, Salas, Mark Stone, Waldron, Wilk NO VOTE RECORDED: Bloom, Chau, Dahle, Daly, Frazier, Grove, Mayes, Nazarian Prepared by:Erin Riches / T. & H. / (916) 651-4121 6/29/16 15:45:47 **** END ****