BILL ANALYSIS Ó AB 51 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 51 (Quirk and Lackey) As Amended June 1, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | |May 28, 2015 |SENATE: | 38-0 |(August 1, 2016) | | |58-14 | | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 Page 2 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 AB 51 Page 3 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 AB 51 Page 4 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