Vehicles: bicycles: passing distance.
Summary
(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. (3) 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.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2012
Committee Review
Aug 2012
Senate Passage
May 2012
Assembly Passage
Aug 2012
Vetoed
Sep 2012
Introduced Feb 24, 2012
Vetoed Sep 28, 2012
Floor votes · Senate May 25, 2012 · Assembly Aug 27, 2012
How they voted
21–6
Passed · 4 other
Total votes 31
May 25, 2012
D
Democratic20
85% Yea
R
Republican11
54% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
6
Committee
6
Amendments
2
Sep 28, 2012
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 28, 2012
Vetoed
Vetoed by the Governor.
upper
Aug 29, 2012
Upper · Passed
Assembly amendments concurred in. (Ayes 29. Noes 4. Page 4965.) Ordered to engrossing and enrolling.
upper
Aug 28, 2012
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 27, 2012
Assembly · Passed
Assembly Vote: pass (45-23-2)
assembly
Aug 9, 2012
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 4.) (August 8).
lower
Jun 26, 2012
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (June 25). Re-referred to Com. on APPR.
lower
Jun 4, 2012
Committee
Referred to Com. on TRANS.
lower
May 25, 2012
Senate · Passed
Senate Vote: pass (21-6-4)
senate
May 7, 2012
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Apr 23, 2012
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 3211.) (April 17).
upper
Mar 22, 2012
Committee
Referred to Com. on T. & H.
upper
Feb 24, 2012
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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