BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                         AB 51|
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                                   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  








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            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  







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            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)








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          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. 







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          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


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