California 2017-2018 Regular Session

California Assembly Bill AB1755 Compare Versions

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1-Assembly Bill No. 1755 CHAPTER 139 An act to amend Section 21200 of the Vehicle Code, relating to bikeways. [ Approved by Governor July 20, 2018. Filed with Secretary of State July 20, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1755, Steinorth. Bicycle operation.Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21200 of the Vehicle Code is amended to read:21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:(A) In response to an emergency call.(B) While engaged in rescue operations.(C) In the immediate pursuit of an actual or suspected violator of the law.(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
1+Enrolled July 05, 2018 Passed IN Senate July 02, 2018 Passed IN Assembly April 26, 2018 Amended IN Assembly April 04, 2018 Amended IN Assembly March 13, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1755Introduced by Assembly Members Steinorth and Flora(Coauthors: Assembly Members Choi, Lackey, and Acosta)(Coauthor: Senator Pan)January 03, 2018 An act to amend Section 21200 of the Vehicle Code, relating to bikeways. LEGISLATIVE COUNSEL'S DIGESTAB 1755, Steinorth. Bicycle operation.Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21200 of the Vehicle Code is amended to read:21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:(A) In response to an emergency call.(B) While engaged in rescue operations.(C) In the immediate pursuit of an actual or suspected violator of the law.(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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3- Assembly Bill No. 1755 CHAPTER 139 An act to amend Section 21200 of the Vehicle Code, relating to bikeways. [ Approved by Governor July 20, 2018. Filed with Secretary of State July 20, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1755, Steinorth. Bicycle operation.Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled July 05, 2018 Passed IN Senate July 02, 2018 Passed IN Assembly April 26, 2018 Amended IN Assembly April 04, 2018 Amended IN Assembly March 13, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1755Introduced by Assembly Members Steinorth and Flora(Coauthors: Assembly Members Choi, Lackey, and Acosta)(Coauthor: Senator Pan)January 03, 2018 An act to amend Section 21200 of the Vehicle Code, relating to bikeways. LEGISLATIVE COUNSEL'S DIGESTAB 1755, Steinorth. Bicycle operation.Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
4+
5+ Enrolled July 05, 2018 Passed IN Senate July 02, 2018 Passed IN Assembly April 26, 2018 Amended IN Assembly April 04, 2018 Amended IN Assembly March 13, 2018
6+
7+Enrolled July 05, 2018
8+Passed IN Senate July 02, 2018
9+Passed IN Assembly April 26, 2018
10+Amended IN Assembly April 04, 2018
11+Amended IN Assembly March 13, 2018
12+
13+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
414
515 Assembly Bill No. 1755
6-CHAPTER 139
16+
17+Introduced by Assembly Members Steinorth and Flora(Coauthors: Assembly Members Choi, Lackey, and Acosta)(Coauthor: Senator Pan)January 03, 2018
18+
19+Introduced by Assembly Members Steinorth and Flora(Coauthors: Assembly Members Choi, Lackey, and Acosta)(Coauthor: Senator Pan)
20+January 03, 2018
721
822 An act to amend Section 21200 of the Vehicle Code, relating to bikeways.
9-
10- [ Approved by Governor July 20, 2018. Filed with Secretary of State July 20, 2018. ]
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1224 LEGISLATIVE COUNSEL'S DIGEST
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1426 ## LEGISLATIVE COUNSEL'S DIGEST
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1628 AB 1755, Steinorth. Bicycle operation.
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1830 Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a 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.
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2032 Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.
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2234 This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a crime, this bill would impose a state-mandated local program.
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2436 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.
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2638 This bill would provide that no reimbursement is required by this act for a specified reason.
2739
2840 ## Digest Key
2941
3042 ## Bill Text
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3244 The people of the State of California do enact as follows:SECTION 1. Section 21200 of the Vehicle Code is amended to read:21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:(A) In response to an emergency call.(B) While engaged in rescue operations.(C) In the immediate pursuit of an actual or suspected violator of the law.(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
3345
3446 The people of the State of California do enact as follows:
3547
3648 ## The people of the State of California do enact as follows:
3749
3850 SECTION 1. Section 21200 of the Vehicle Code is amended to read:21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:(A) In response to an emergency call.(B) While engaged in rescue operations.(C) In the immediate pursuit of an actual or suspected violator of the law.(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
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4052 SECTION 1. Section 21200 of the Vehicle Code is amended to read:
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4254 ### SECTION 1.
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4456 21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:(A) In response to an emergency call.(B) While engaged in rescue operations.(C) In the immediate pursuit of an actual or suspected violator of the law.(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
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4658 21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:(A) In response to an emergency call.(B) While engaged in rescue operations.(C) In the immediate pursuit of an actual or suspected violator of the law.(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
4759
4860 21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:(A) In response to an emergency call.(B) While engaged in rescue operations.(C) In the immediate pursuit of an actual or suspected violator of the law.(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
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5062
5163
5264 21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.
5365
5466 (2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.
5567
5668 (b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:
5769
5870 (A) In response to an emergency call.
5971
6072 (B) While engaged in rescue operations.
6173
6274 (C) In the immediate pursuit of an actual or suspected violator of the law.
6375
6476 (2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
6577
6678 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
6779
6880 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
6981
7082 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
7183
7284 ### SEC. 2.