California Senate Bill SB910 Amended / Bill

 BILL NUMBER: SB 910AMENDED BILL TEXT AMENDED IN SENATE MARCH 25, 2011 INTRODUCED BY Senator Lowenthal FEBRUARY 18, 2011  An act relating to bicycles.   An act to amend Section 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 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 operator.   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) 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 imposes various operational and equipment requirements on a person riding a bicycle on highways and roads in the state, and requires that the driver of a vehicle overtaking a bicycle in the same direction pass to the left at a safe distance without interfering with the safe operation of the overtaken bicycle.   This bill would declare the intent of the Legislature to enact subsequent legislation that would establish a minimum passing distance that would be required of motorists who are passing bicyclists on highways and roads in the state.  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 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,   vehicle,  subject to the limitations and exceptions  hereinafter stated.   set forth in this article.   SEC. 2.   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, 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.   SEC. 3.   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.   It is the intent of the Legislature to enact subsequent legislation that would establish a minimum passing distance that would be required of motorists who are passing bicyclists on highways and roads in the state.