Bicycle Safety Legislation AB 1941
“AB 1941 will create a Measure of Safety for California bicyclists.
Just like Arizona, Utah, Wisconsin and Minnesota, this bill would
require a 3 feet Measure of Safety between vehicles and bicyclists.”
To support or suggest improvements to this Measure of Safety Legislation, please submit your support by filling out the form here.
Read Related Article:
Assemblyman Pedro Nava Announces New Bill on Bicycle Safety
UPDATE: (May 1, 2006) Passage Failed
UPDATE: (March 31, 2006) Assembly Commitee Analysis
UPDATE: (March 22, 2006)
This is AB 1941 complete with its ammended text.
BILL NUMBER: AB 1941 AMENDED BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2006
INTRODUCED BY Assembly Member Nava
FEBRUARY 1, 2006
An act to amend Section 2900 of Sections21460.5, 21750, and 42001 of, and to add Sections 21750.1 and 42002.1to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1941, as amended, Nava California Traffic SafetyProgram. Vehicles: bicycles. (1) Under existing law a driver of avehicle overtaking another vehicle or a bicycle proceeding in thesame direction is required to pass to the left at a safe distancewithout interfering with the safe operation of the overtaken vehicleor bicycle, subject to certain limitations and exceptions. Aviolation of this provision is an infraction punishable by a fine notexceeding $100 for a first conviction, and up to a $250 fine for a3rd and subsequent conviction occurring within one year of 2 or moreprior infractions . This bill would recast this provision as to overtaking abicycle by requiring the driver of a motor vehicle overtaking abicycle that is proceeding in the same direction to pass to the leftat a safe distance, at a minimum clearance of 3 feet,without interfering with the safe operation of the overtaken bicycle.The bill would make a violation of this provision an infractionpunishable by a $250 fine. The bill would make it a misdemeanor orfelony if a person operates a motor vehicle in violation of the aboverequirement and that conduct proximately causes great bodily injury,as defined, or death to the bicycle operator. Because this bill would create a new crime and would expandthe scope of an existing crime, this bill would impose astate-mandated local program. (2) Under existing law, a person maynot operate a vehicl e by driving in a designated 2-wayleft-turn lane, as described, except when preparing for ormaking a left turn from or into a highway or when preparing for ormaking a U-turn when otherwise permitted by law. This bill would additionally allow a person to drive avehicle in a designated 2-way left-turn lane when overtaking andpassing a bicycle in order to comply with the driving requirementsdescribed in (1). (3) This bill would also make certain technical, conformingchanges. (4) The California Constitution requires the state to reimburselocal agencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making thatreimbursement. This bill would provide that no reimbursement is required by thisact for a specified reason. Existing law provides for the California Traffic Safety Program instate government, which provides for, among other things, thesurveillance of traffic for detection and correction of high orpotentially high accident locations. This bill, instead, would provide for the surveillance of trafficfor identification and correction of high or potentially highaccident locations. 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 21460.5 of the Vehicle Code is amended to read: 21460.5. (a) (1) The Department ofTransportation and local authorities in their respectivejurisdictions may designate a two-way left-turn lane on a highway. A (2) A two-way left-turn lane is alane near the center of the highway set aside for use by vehiclesmaking left turns in both directions from or into the highway. (b) Two-way left-turn lanes shall be designated by distinctiveroadway markings consisting of parallel double yellow lines, interiorline dashed and exterior line solid, on each side of the lane. TheDepartment of Transportation may determine and prescribe standardsand specifications governing length, width, and positioning of thedistinctive pavement markings. All pavement markings designating atwo-way left-turn lane shall conform to the Department ofTransportation's standards and specifications. (c) (1) A vehicle shall not bedriven in a designated two-way left-turn lane except when as follows: (A) When preparing for or makinga left turn from or into a highway or when . (B) When preparing for or makinga U-turn when otherwise permitted by law , and shall . (C) When overtaking and passing a bicycle in order to comply withSection 21750.1. (2) A vehicle shall not be drivenin that the lane described inparagraph (1) for more than 200 feet while preparing for andmaking the turn or , while overtaking andpassing a bicycle, or while preparing to merge into theadjacent lanes of travel. (3) A left turn or U-turn shall not be madefrom any other lane where a two-way left-turn lane has beendesignated. (d) This section does not prohibit driving across a two-wayleft-turn lane. (e) Raised pavement markers may be used to simulate the paintedlines described in this section when those markers are placed inaccordance with standards established by the Department ofTransportation. 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 directionshall pass to the left at a safe distance without interfering withthe safe operation of the overtaken vehicle or bicycle , subject to the limitations and exceptions hereinafterstated. SEC. 3 Section 21750.1 is added to the Vehicle Code , to read: 21750.1. (a) (1) The driver of a motor vehicle overtaking abicycle proceeding in the same direction shall pass to the left at asafe distance, at a minimum clearance of three feet, withoutinterfering with the safe operation of the overtaken bicycle. (2) A violation of paragraph (1) is an infraction punishable by afine of two hundred fifty dollars ($250). (b) Whenever a person operates a motor vehicle in violation ofsubdivision (a) and that conduct proximately causes great bodilyinjury, as defined in Section 12022.7 of the Penal Code, or death tothe bicycle operator, the person driving the motor vehicle, uponconviction, is punishable by imprisonment in the county jail or instate prison. SEC. 4 Section 42001 of the VehicleCode is amended to read:
42001. (a) Except as provided in subdivision (e) ofSection 21464, or Section 42000.5, 42001.1, 42001.2, 42001.3,42001.5, 42001.7, 42001.8, 42001.9, 42001.11, 42001.12, 42001.13,42001.14, 42001.15, 42001.16, or subdivision (a) of Section 42001.17,Section 42001.18, or Section 42001.20, or subdivision (b), (c), or(d) of this section, or Article 2 (commencing with Section 42030),every this code, a person convicted of aninfraction for a violation of this code or of any a local ordinance adopted pursuant to this code shall bepunished as follows: (1) By a fine not exceeding one hundred dollars ($100). (2) For a second infraction occurring within one year of a priorinfraction which that resulted in aconviction, a fine not exceeding two hundred dollars ($200). (3) For a third or any subsequent infractionoccurring within one year of two or more prior infractions which that resulted in convictions, a fine notexceeding two hundred fifty dollars ($250). (b) Every person convicted of a misdemeanor violation of Section2800, 2801, or 2803, insofar as they affect failure to stop andsubmit to inspection of equipment or for an unsafe conditionendangering any person, shall be punished as follows: (1) By a fine not exceeding fifty dollars ($50) or imprisonment inthe county jail not exceeding five days. (2) For a second conviction within a period of one year, a finenot exceeding one hundred dollars ($100) or imprisonment in thecounty jail not exceeding 10 days, or both that fine andimprisonment. (3) For a third or any subsequent conviction within a period ofone year, a fine not exceeding five hundred dollars ($500) orimprisonment in the county jail not exceeding six months, or boththat fine and imprisonment. (c) (b) A pedestrian convicted of an infractionfor a violation of this code or any local ordinance adopted pursuantto this code shall be punished by a fine not exceeding fifty dollars($50). (d) (c) A person convicted of a violation ofsubdivision (a) or (b) of Section 27150.3 shall be punished by a fineof two hundred fifty dollars ($250), and a person convicted of aviolation of subdivision (c) of Section 27150.3 shall be punished bya fine of one thousand dollars ($1,000). (e) (d) Notwithstanding any other provision oflaw, any a local public entity thatemploys peace officers, as designated under Chapter 4.5 (commencingwith Section 830) of Title 3 of Part 2 of the Penal Code, theCalifornia State University, and the University of California may, byordinance or resolution, establish a schedule of fines applicable toinfractions committed by bicyclists within its jurisdiction. Any A fine, including all penaltyassessments and court costs, established pursuant to this subdivisionshall not exceed the maximum fine, including penalty assessment andcourt costs, otherwise authorized by this code for that violation. Ifa bicycle fine schedule is adopted, it shall be used by the courtshaving jurisdiction over the area within which the ordinance orresolution is applicable instead of the fines, including penaltyassessments and court costs, otherwise applicable under this code. SEC. 5. Section 42002.1 is added to the Vehicle Code , to read: 42002.1. A person convicted of a misdemeanor violation of Section2800, 2801, or 2803, insofar as it affects a failure to stop andsubmit to inspection of equipment or for an unsafe conditionendangering a person, shall be punished as follows: (a) By a fine not exceeding fifty dollars ($50) or imprisonment inthe county jail not exceeding five days. (b) For a second conviction within a period of one year, a finenot exceeding one hundred dollars ($100) or imprisonment in thecounty jail not exceeding 10 days, or both that fine andimprisonment. (c) For a third or a subsequent conviction within a period of oneyear, a fine not exceeding five hundred dollars ($500) orimprisonment in the county jail not exceeding six months, or boththat fine and imprisonment. SEC. 6. No reimbursement is required by this actpursuant to Section 6 of Article XIII B of the CaliforniaConstitution because the only costs that may be incurred by a localagency or school district will be incurred because this act creates anew crime or infraction, eliminates a crime or infraction, orchanges the penalty for a crime or infraction, within the meaning ofSection 17556 of the Government Code, or changes the definition of acrime within the meaning of Section 6 of Article XIII B of theCalifornia Constitution. SECTION 1. Section 2900 of the Vehicle Code isamended to read: 2900. There is in this state, the California Traffic SafetyProgram, that consists of a comprehensive plan in conformity with thelaws of this state to reduce traffic accidents and deaths, injuries,and property damage resulting from accidents. The program shallinclude, but not be limited to, provisions to improve driverperformance, including, but not limited to, driver education, drivertesting to determine proficiency to operate motor vehicles, anddriver examinations and driver licensing, and provisions to improvebicyclist and pedestrian education and performance. In addition, theprogram shall include, but not be limited to, provisions for aneffective record system of accidents, including injuries and deathsresulting from accidents; accident investigations to determine theprobable causes of accidents, injuries, and deaths; vehicleregistration, operation, and inspection; highway design andmaintenance including lighting, markings, and surface treatment;traffic control; vehicle codes and laws; surveillance of traffic foridentification and correction of high or potentially high accidentlocations; and emergency services.
If
you have additional questions or concerns, we do suggest that you
correspond directly with Assemblyman Pedro Nava’s office, utilizing the
link to the form above.
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