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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 25, 2011

INTRODUCED BY Senator Lowenthal

FEBRUARY 18, 2011

An act to amend Section Sections 21460 and
21750 of, and to add Section 21750.1 to, the Vehicle Code,
relating to vehicles.



LEGISLATIVE COUNSEL'S DIGEST


SB 910, as amended, Lowenthal. 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 a bicycle
by requiring the driver of a motor vehicle overtaking a bicycle that
is proceeding in the same direction to pass to the left at a safe
distance, at a minimum clearance of 3 feet and
, or at a speed not exceeding 15 miles per hour
faster than the bicycle, without interfering with the safe operation
of the overtaken bicycle. The bill would make a violation of this
provision an infraction punishable by a $250-fine. The bill
would make it a misdemeanor or felony if a person operates a motor
vehicle in violation of the above requirement and that conduct
proximately causes significant or substantial physical injury or
death to the bicycle
$220 fine .

(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 additionally permit a driver to cross those double
parallel lines if the driver is on a substandard width lane, passing
a person riding a bicycle or operating a pedicab in the same
direction, and it is safe to do so.

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.
(2)

(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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) When If double parallel
solid lines are in place, no a person
driving a vehicle shall not drive to the left
thereof
of those lines , except as permitted in
this section.
(b) When the If double parallel
lines, one of which is broken, are in place, no
a person driving a vehicle shall not drive to
the left thereof of those lines ,
except as follows:
(1) That the The driver
on that side of the roadway in which the broken line is in place may
cross over the double line lines or
drive to the left thereof when of the double
lines if the driver is
overtaking or passing other vehicles.
(2) As provided in Section 21460.5.
(c) (1) Either of the markings as specified
in subdivision (a) or (b) does not prohibit a driver to whom any
of the following applies
from crossing the marking
when (1)
:
(A) The driver is on a substandard
width lane, passing a person riding a bicycle or operating a pedicab
in the same direction, and it is safe to do so.

(B) The drive is turning to the
left at any intersection or into or out of a driveway or private road
, or (2) .
(C) The driver is making a U-turn
under the rules governing that turn , and either
.
(2) Either of the markings
as specified in subdivision (a) or (b)
shall be disregarded
when if authorized signs have been
erected designating offcenter traffic lanes as permitted under
Section 21657.
(d) Raised pavement markers may be used to simulate painted lines
described in this section when if the
markers are placed in accordance with standards established by the
Department of Transportation.
SECTION 1. SEC. 2. Section 21750 of
the Vehicle Code is amended to read:
21750. The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left at a safe
distance without interfering with the safe operation of the overtaken
vehicle, subject to the limitations and exceptions set forth in this
article.
SEC. 2. SEC. 3. Section 21750.1 is
added to the Vehicle Code, to read:
21750.1. (a) (1) The driver
of a motor vehicle overtaking a bicycle proceeding in the same
direction shall pass to the left at a safe distance, at a minimum
clearance of three feet, feet or at a
speed not exceeding 15 miles per hour faster than the speed of the
bicycle, without interfering with the safe operation of the overtaken
bicycle.
(2) A violation of paragraph (1) is an infraction punishable by a
fine of two hundred fifty dollars ($250).

(b) If a person operates a motor vehicle in violation of
subdivision (a) and that conduct proximately causes great bodily
injury, as defined in subdivision (f) of Section 12022.7 of the Penal
Code, or death to the bicycle operator, the person driving the motor
vehicle, upon conviction, shall be punished by imprisonment in a
county jail or in the state prison.

(b) A violation of subdivision (a) is an infraction punishable by
a fine of two hundred twenty dollars ($220).

SEC. 3. 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.