Bill Text: CA AB1371 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: bicycles: passing distance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-23 - Chaptered by Secretary of State - Chapter 331, Statutes of 2013. [AB1371 Detail]

Download: California-2013-AB1371-Amended.html

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BILL NUMBER: AB 1371	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 22, 2013

   An act to  amend Section 16000 of the Business and
Professions Code, relating to business regulations.  
amend Sections 21460 and 21750 of, and to add Section 21750.1 to, the
Vehicle Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1371, as amended, Bradford.  Business regulation.
  Vehicles: bicycles: passing distance.  
   (1) Under existing law, a driver of a vehicle overtaking another
vehicle or a bicycle proceeding in the same direction is required to
pass to the left at a safe distance without interfering with the safe
operation of the overtaken vehicle or bicycle, subject to certain
limitations and exceptions. A violation of this provision is an
infraction punishable by a fine not exceeding $100 for a first
conviction, and up to a $250 fine for a 3rd and subsequent conviction
occurring within one year of 2 or more prior infractions.  

   This bill would recast this provision as to overtaking and passing
a bicycle by requiring, with specified exceptions, the driver of a
motor vehicle overtaking and passing a bicycle that is proceeding in
the same direction on a highway to pass in compliance with specified
requirements applicable to overtaking and passing a vehicle, and to
do so at a safe distance that does not interfere with the safe
operation of the overtaken bicycle, having due regard for the size
and speed of the motor vehicle and the bicycle, traffic conditions,
weather, and the surface and width of the highway. The bill would
prohibit, with specified exceptions, the driver of the motor vehicle
that is overtaking or passing a bicycle proceeding in the same
direction on a highway from passing at a distance of less than 3 feet
between any part of the motor vehicle and any part of the bicycle or
its operator. The bill would make a violation of these provisions an
infraction punishable by a $35 fine. The bill would also require the
imposition of a $220 fine on a driver if a collision occurs between
a motor vehicle and a bicyclist causing bodily harm to the bicyclist,
and the driver is found to be in violation of the above provisions.
 
   (2) Existing law prohibits a person from driving a vehicle to the
left of double parallel solid lines, or double parallel lines, one of
which is broken, except as provided. Notwithstanding that
prohibition, existing law permits a driver to cross those double
parallel lines if the driver is turning to the left at any
intersection or into or out of a driveway or private road or making a
U-turn under the rules governing that turn.  
   This bill would prohibit a person driving a vehicle from crossing
over any part of any double parallel solid white lines except in the
above situations or when entering or exiting designated areas of
exclusive or preferential use lanes, as provided. The bill would
permit a driver of a motor vehicle to cross double parallel lines to
pass a person operating a bicycle in the same direction, if in
compliance with a specified provision.  
   Because this bill would create a new crime and would expand the
scope of an existing crime, this bill would impose a state-mandated
local program.  
   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.  
   Existing law permits the legislative body of an incorporated city,
in the exercise of its police power, to license any kind of business
not prohibited by law transacted and carried on within its
jurisdiction. Existing law prohibits the application of these license
fees, if the fee is measured by the licensee's income or gross
receipts, to specified nonprofit organizations, among others.
 
   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21460 of the   Vehicle
Code   is amended to read: 
   21460.  (a) If double parallel solid yellow lines are in place, a
person driving a vehicle shall not drive to the left of  the
  those  lines, except as permitted in this
section.
   (b) If double parallel solid white lines are in place, a person
driving a vehicle shall not cross any part of those double solid
white lines, except as permitted in this section or Section 21655.8.
   (c) If  the  double parallel lines, one of which
is broken, are in place, a person driving a vehicle shall not drive
to the left of  the   those  lines, except
as follows:
   (1) If the driver is on the side of the roadway in which the
broken line is in place, the driver may cross over the double lines
or drive to the left of the double lines  when  
if the driver is  overtaking or passing other vehicles.
   (2) As provided in Section 21460.5.
   (d)  (1)    The markings  ,  as
specified in subdivision (a), (b), or (c)  ,  do not
prohibit a driver from crossing the  marking if (1) turning
to the left at an intersection or into or out of a driveway or
private road, or (2) making a U-turn under the rules governing that
turn, and the markings shall be disregarded when authorized signs
have been erected designating offcenter traffic lanes as permitted
pursuant to Section 21657.   markings, if either of the
following applies:  
   (A) The driver is turning to the left at an intersection or into
or out of a driveway or private road.  
   (B) The driver is making a U-turn under the rules governing that
turn.  
   (2) The markings, as specified in subdivision (a), (b), or (c),
shall be disregarded if authorized signs have been erected
designating off-center traffic lanes as permitted under Section
21657. 
   (e) Raised pavement markers may be used to simulate painted lines
described in this section if the markers are placed in accordance
with standards established by the Department of Transportation. 
   (f) The driver of a motor vehicle on a two-lane highway may drive
to the left of either of the markings specified in subdivision (a) or
(c) to pass a person operating a bicycle proceeding in the same
direction if in compliance with Section 21751 and if both of the
following conditions are met:  
   (1) The left side of the road is clearly visible and free of
oncoming traffic for a sufficient distance ahead to permit overtaking
and passing of the bicycle to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite
direction.  
   (2) The driver operates the motor vehicle to the left of either of
the markings specified in subdivision (a) or (c) only to the extent
reasonably necessary to comply with Section 21750.1. 
   SEC. 2.    Section 21750 of the   Vehicle
Code   is amended to read: 
   21750.  The driver of a vehicle overtaking another vehicle
 or a bicycle  proceeding in the same direction
shall pass to the left at a safe distance without interfering with
the safe operation of the overtaken vehicle  or bicycle
 , subject to the limitations and exceptions 
hereinafter stated  set forth in this article  .
   SEC. 3.    Section 21750.1 is added to the  
Vehicle Code   , to read:  
   21750.1.  (a) This section shall be known and may be cited as the
Three Feet for Safety Act.
   (b) The driver of a motor vehicle overtaking and passing a bicycle
that is proceeding in the same direction on a highway shall pass in
compliance with the provisions of this article applicable to
overtaking and passing a vehicle, and shall do so at a safe distance
that does not interfere with the safe operation of the overtaken
bicycle, having due regard for the size and speed of the motor
vehicle and the bicycle, traffic conditions, weather, visibility, and
the surface and width of the highway.
   (c) A driver of a motor vehicle shall not overtake or pass a
bicycle proceeding in the same direction on a highway at a distance
of less than three feet between any part of the motor vehicle and any
part of the bicycle or its operator.
   (d) If the driver of a motor vehicle is unable to comply with
subdivision (c), due to traffic or roadway conditions, the driver
shall slow to a speed that is reasonable and prudent, and may pass
only when doing so would not endanger the safety of the operator of
the bicycle, taking into account the size and speed of the motor
vehicle and bicycle, traffic conditions, weather, visibility, and
surface and width of the highway.
   (e) (1) A violation of subdivision (b), (c), or (d) is an
infraction punishable by a fine of thirty-five dollars ($35).
   (2) If a collision occurs between a motor vehicle and a bicycle
causing bodily injury to the operator of the bicycle, and the driver
of the motor vehicle is found to be in violation of subdivision (b),
(c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed
on that driver. 
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 16000 of the Business and
Professions Code is amended to read:
   16000.  (a) The legislative body of an incorporated city may, in
the exercise of its police power, and for the purpose of regulation,
as herein provided, and not otherwise, license any kind of business
not prohibited by law transacted and carried on within the limits of
its jurisdiction, including all shows, exhibitions and lawful games,
and may fix the rates of the license fee and provide for its
collection by suit or otherwise. Any legislative body, including the
legislative body of a charter city, that fixes the rate of license
fees pursuant to this subdivision upon a business operating both
within and outside the legislative body's taxing jurisdiction, shall
levy the license fee so that the measure of the fee fairly reflects
that proportion of the activity actually carried on within the taxing
jurisdiction.
   (b) A license fee levied pursuant to subdivision (a) that is
measured by the licensee's income or gross receipts, whether levied
by a charter or general law city, shall not apply to any nonprofit
organization that is exempted from taxes by Chapter 4 (commencing
with Section 23701) of Part 11 of Division 2 of the Revenue and
Taxation Code or Subchapter F (commencing with Section 501) of
Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the
successor of either, or to any minister, clergyman, Christian Science
practitioner, rabbi, or priest of any religious organization that
has been granted an exemption from federal income tax by the United
States Commissioner of Internal Revenue as an organization described
in Section 501(c)(3) of the Internal Revenue Code or a successor to
that section.
   (c) Before a city, including a charter city, issues a business
license to a person to conduct business as a contractor, as defined
in Section 7026, the city shall verify that the person is licensed by
the Contractors' State License Board.