BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 51


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          51 (Quirk and Lackey)


          As Amended  June 1, 2016


          Majority vote


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          |ASSEMBLY:  |      |May 28, 2015   |SENATE: | 38-0 |(August 1, 2016) |
          |           |58-14 |               |        |      |                 |
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          |           |      |               |        |      |                 |
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          Original Committee Reference:  TRANS.


          SUMMARY:  Authorizes the California Highway Patrol (CHP) to  
          develop guidelines relating safe lane splitting practices.  


          The Senate amendments delete the Assembly version of the bill,  
          and instead: 


          1)Require CHP, in the development of the guidelines, to consult  
            with agencies and organizations with an interest in road  
            safety and motorcyclist behavior including, but not  
            necessarily limited to, the Department of Motor Vehicles,  
            Department of Transportation, Office of Traffic Safety, and a  
            motorcycle organization focused on motorcyclist safety.


          2)Define a variety of terms.









                                                                      AB 51


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          AS PASSED BY THE ASSEMBLY, this bill:


          1)Unequivocally authorized motorcycles to drive between stopped  
            or slow moving vehicles in the same lane on divided and  
            undivided streets, roads, or highways if the following  
            conditions are met: 
             a)   The motorcycle is not driven at a speed greater than 50  
               miles per hour (mph);
             b)   The motorcycle is not driven more than 15 mph faster  
               than the speed of traffic going in the same direction.


          2)Provided that motorcycles must continue to obey existing laws  
            relating to the safe operation of a vehicle.
          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  Lane splitting (also referred to as lane sharing or  
          filtering) refers to the practice of riding a motorcycle in the  
          same lane as a vehicle traveling in the same direction between  
          clearly marked lanes of traffic.  Typically, this maneuver is  
          undertaken so that motorcycles can overtake slow moving or  
          stopped vehicles but the maneuver is also frequently performed  
          when traffic is moving at higher rates of speed.  Lane splitting  
          is illegal in all states, with the exception of California,  
          where the practice is neither expressly authorized nor  
          prohibited.  Lane splitting, however, is a legal practice in  
          many European and Asian countries where it is frequently  
          utilized in highly urbanized areas.


          Recognizing the need to develop guidelines as an educational  
          tool for all roadway users, CHP convened a committee of traffic  
          safety stakeholders and motorcycle safety experts representing  
          governmental, private, academic communities.  Together, the  
          committee drafted guidelines on safe lane splitting practices  
          and the guidelines were posted on CHP's Internet Web site in  
          early 2013 and, later, on the Office of Traffic Safety's (OTS's)  
          Internet Web site.  The guidelines were also printed in the  








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          DMV's motorcycle handbook.  The guidelines clarified that lane  
          splitting, when conducted in a safe and prudent and manner is  
          not illegal in California and outlined five general safety  
          recommendations for motorcyclists engaging in lane splitting  
          including that:  1) lane splitting should occur only when a  
          motorcyclist is travelling at a speed no more than 10 mph faster  
          than surrounding traffic; 2) motorcyclists should refrain from  
          lane splitting when the traffic is flowing at a speed of 30 mph  
          or faster; 3) lane splitting should occur between the #1 and #2  
          lanes over other lanes; 4) the total environment should be  
          considered by the motorcyclist when lane splitting occurs,  
          including the lane width, size of surrounding vehicles, weather,  
          and lighting; and 5) motorcyclists should be alert and  
          anticipate possible movements of other road users.


          After CHP and OTS posted the guidelines on their respective Web  
          sites, a complaint was registered with the Office of  
          Administrative Law that the guidelines were developed in the  
          absence of a formal rulemaking process and, therefore, could be  
          considered "underground regulations."  CHP and OTS removed the  
          guidelines from their respective Internet Web sites, informed  
          the public that they would not issue or enforce the guidelines,  
          and noted that the guidelines were developed only to provide  
          common-sense safety information for motorcyclists given that  
          California law does not allow or prohibit lane splitting.


          According to the author, removing the guidelines from CHP and  
          OTS Web sites left a void in informing the public about safe  
          lane splitting practices, particularly since CHP curtailed all  
          education and outreach efforts on the subject.  To address this  
          concern, the author introduced this bill which generally  
          codifies CHP's lane splitting guidelines, except that the  
          allowable conditions have been modified slightly to reflect new  
          research that has just been released.  


          Writing in support of this bill, the Personal Insurance  
          Federation of California which represents seven of the nation's  
          largest insurance companies, indicates that codifying the CHP's  
          lane splitting guidelines would serve to reduce injuries and  








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          enhance public road safety.  Specifically, Personal Insurance  
          Federation of California contends that this bill would also  
          serve to educate motorcycle riders and motorists about lane  
          splitting and help to reduce accidents currently associated with  
          this practice.


          Several motorcycle groups have writing in opposition to this  
          bill noting that it is overly restrictive and, therefore, lacks  
          support in the motorcycle community.  More specifically, the  
          American Motorcyclist Association, also writing in opposition to  
          this bill, states that there is a widespread acceptance of lane  
          splitting in California and that they specifically oppose  
          efforts to restrict this popular practice.  It is unclear if  
          these groups remain in opposition following recent amendments to  
          the bill to reflect updated research.



          Please see the policy committee analysis for a full discussion  
          of this bill.


          Analysis Prepared by:                                             
                          Victoria Alvarez / TRANS. / (916) 319-2093  FN:  
          0003547