The state Senate on Friday approved legislation that would require drivers to be at least three feet away when passing bicyclists in most cases and would allow drivers to cross solid yellow lines to pass if safe to do so.
If safety conditions didn’t allow for the three-foot clearance, then drivers would have to slow to a reasonable and prudent speed, taking into consideration the size and speed of their vehicle, traffic, weather and road conditions.
The base fine for a violation would be $35 but with all of the fees and surcharges levied by courts at the Legislature’s direction, the total would be at least $233. If the driver hit and injured the bicyclist, the base fine would be $220 with total fine at about $959, under the bill.
A similar bill passed the Legislature last year but was vetoed by Gov. Jerry Brown because he objected to a provision requiring drivers who couldn’t safely pass more than three feet away to slow to 15 mph.
While noting he “wholeheartedly” supports bicycle safety, Brown said in his veto message that “Caltrans and the California Highway Patrol have raised legitimate concerns about other provisions, such as the 15-mph requirement. On streets with speed limits of 35 or 40 mph, slowing to 15 mph to pass a bicycle could cause rear-end collisions. On other roads, a bicycle may travel at or near 15 mph, creating a long line of cars behind the cyclist. On other roads, a bicycle may travel at or near 15 mph, creating a long line of cars behind the cyclist.
“I encourage the author, proponents and opponents to send me a bill next year that solves these problems.”
The author of last year’s bill and this year’s, state Sen. Alan Lowenthal, D-Long Beach, believes he has done just that by not setting a specific speed limit.
State law now requires drivers when passing vehicles or bicyclists to do so “at a safe distance without interfering with the safe operation of the vehicle or bicycle.”
And state law now prohibits drivers from crossing solid yellow lines unless they’re making a U-turn, turning left at an intersection or pulling into or out of a driveway. But it’s common for drivers now to cross the lines to pass bicyclists on rural roads across Sonoma County.
The bill, SB 1464, now goes to the Assembly.
The California Bicycle Coalition says about 20 states have three-foot passing laws regarding bicyclists.
——
Follow the Road Warrior on Twitter via @PDRoadWarrior
Denise
I am all for this but in all fairness let’s fine bicycles that go under the speed limit in the middle of a road; also the ones that blow thru stop signs, lights. Fair is fair, although when a car vs a bicycle, well, use your brains folks, yield the car as well.
May 26th, 2012 11:23 am
PeggyR
While I wholeheartedly support encouraging safer road-sharing for cars and bikes, I am mystified how we drivers are supposed to judge whether or not we are three feet from the cyclist. Is this just an arbitrary figure? If it is arbitrary, then what’s the point of specifying a distance? Why not just say we have to maintain a ‘safe distance’ from the cyclist? If the car doesn’t hit or otherwise distract or interfere with the cyclist, then isn’t that a ‘safe distance’, regardless of how many feet?
I guess I’m just asking how on earth drivers are supposed to judge ‘three feet’?
May 26th, 2012 12:14 pm
Harry Martin
As a retired cyclist I applaud this law. However there needs be more penalty for the increasing number of cyclists who presume to own any road they are on and flaunt any and all laws or common sense.
May 26th, 2012 12:24 pm
Katherine Colwell
I think this law will help protect cyclists on public roads. We also need new laws, and routine enforcement of existing laws, that regulate cyclist behavior when sharing roads with motorized vehicles. I can’t count the times I have seen cyclists blow through stop signs when they think it is “safe” to do so. If I tried that in my car, I’d get a ticket. Some cyclists ride against the direction of traffic or on the sidewalks, both illegal practices. Some ride without protective gear. Others ride at night without lights or reflective markers on their bikes. And there are drunk or “high” cyclists that cause havoc by weaving unsteadily through traffic. I think cyclists should be held responsible to the same degree as drivers of cars and trucks. Cyclists should obey all rules of the road. They should be required to attend cyclist education and training courses and then pass an exam to be licensed to ride on public roads. They should be required to carry accident and liability insurance, just like drivers must. Using our roads is a privilege that comes with responsibilities. It’s about time that all cyclists realized that and were held accountable for their actions.
May 26th, 2012 12:42 pm
Jon Lipking
Tell the bicyclists to ride IN the Bike Lane, not on the outer white line, which puts their handlebar out in the traffic lane.
May 26th, 2012 12:47 pm
Katherine Colwell
I forgot to add that it would be helpful if all cyclists had rear-view mirrors on their helmets or handlebars, so they would be aware of traffic approaching from the rear. That might cut down on attempting turns in front of cars and trucks that are about to pass. Cyclists should always signal their turns–not all do. Cyclists also should be required to have some means–bells or horns–of alerting other cyclists or pedestrians that they are approaching.
May 26th, 2012 12:52 pm
Robert
I’m ok with the new law, however, bicyclists need to stay single file unless passing another cyclist when safe to do so. In Northern CA the bicyclists ride 3-4 people deep across narrow, 2 lane mountain roads. How is that safe for anybody?
May 26th, 2012 1:45 pm
Joe
And they must ride single file within the bike lane, not side by side talking to their riding buddies. I have also seen a few times bike riders three across taking up half of the right lane, they need to be fined just like motorist. “SHARE THE ROAD” it goes both ways!
May 26th, 2012 2:12 pm
Leo Galus
Common sense is all that is required folks.
May 26th, 2012 2:21 pm
paul
The problem with assuming that all life situations can be fixed with laws is that the laws can’t always handle the variables and the laws aren’t written to let some exceptions exist. The law writers want complete cook book instructions. It just doesn’t work that way all the time. Putting all the responsibility on the car drivers is erroneous as cyclists have proven erratic at following road laws at all. The 3′ is arbitrary and cyclists own movements put that distance in question all the time. Cyclists react to road hazards that drivers cannot even see and veer into roadways suddenly. The only good thing about this law is removing the crossing line violation. It seems well written except for the 3′rule and all responsibility on the car drivers. It’s hard enouh just paying attention to the cyclists, the road, the oncoming traffic, and now 3′. geez, gimme a cell phone. I you codify responsibility on the car drivers, the cyclists will not try to maintain any semblance o a passing route, crossin over the cycle line at will as it is all up to the car driver to maintain the 3′. please, no more cookbook laws criminalizing everything.
May 26th, 2012 2:26 pm
bill
STUPID!!!!!!!!!!!!! STOP!!!!!!!!!! First let’s STRICTLY enforce traffics laws for bicycle riders. What’s next. We have too many laws already. Also why do bicycle riders get a free ride. They should have to register their bike (small fee) and over 16 or 18 should have to have a bicycle operators license (again small fee).
May 26th, 2012 2:27 pm
paul
sorry for the missing n’s and g’s folks, forgot to check the last few sentences and the keyboard is erratic.
May 26th, 2012 2:30 pm
Gene Bernstein
Yes, yes and yes regarding some common sense and courtesy
from the cyclists regarding their reckless behaviour towards those of us just driving the roads. How about single file and no texting!
May 26th, 2012 2:32 pm
jbos
It would be great if they could outlaw those ridiculous bicycles that do not have brakes but skid to a stop on city streets……..great for whatever racing they are used for but city streets are not the place for them!
May 26th, 2012 2:40 pm
hannon sutro
How about citing bicyclists who have a bike lane but decide to ride in the car lane anyway?
This is crap legislation to say the least, another good reason to move from California.
May 26th, 2012 2:45 pm
Chris from Santa Rosa
The three-foot rule is already in the Driver’s Manual issued by the State of California. The new legislation gives the rule the force of law. It’s very necessary, in my opinion, because too many motorists refuse to give themselves a margin for error when passing cyclists. (The margin for error also applies to cyclists, who may be dodging obstructions, struggling with crosswinds, etc.) That being said, I don’t see the benefit of additional laws for those few cyclists who are already not complying with existing laws. Non-compliance is a problem for both cyclists and motorists.
May 26th, 2012 2:45 pm
Dave
What are the penaties for cyclists who ride out of bike lanes 3 and 4 abreast or run stop signs or red lights. Go down Olivette on a Sunday you will see what I mean just ignorant.. Time we stopped thinking of them as above the law. I’m willing to bet if one bounced off my truck I would get the blame, even if I was in the right.
May 26th, 2012 3:04 pm
GG Johnson
Why do we need to legislate common sense? It is common sense not to crowd a bike rider and it is common sense to pass that person safely.
It is also common sense for the bikers to behave appropriately and not block the road by riding abreast, not ride down the middle of the road, and stop at traffic controls as required by laws that already exist.
This is another example of how California has become a Nanny State.
May 26th, 2012 3:17 pm
Michael Patrick
PeggyR
I guess I’m just asking how on earth drivers are supposed to judge ‘three feet’?
Peggy……..the same way you judge your distance behind a car your following……………
May 26th, 2012 4:21 pm
Blick
You politicians obviously have too much time on your hands.
May 26th, 2012 4:42 pm
John
If the road is too narrow to pass safely, a cyclist must ride in the middle of the road to deter motorist from attempting unsafe passing manuevers. I can’t count the number of drivers who overtake me on blind bends or tight turns, just to avoid slowing for a few seconds. This risks my life as well as theirs. If a bike goes through a stop sign they may get killed, if a car does they may kill someone else, very different risks. Car drivers think they own the road and callously put cyclists at risk with their passing too close – it happens to me too often, but what can I do?
May 26th, 2012 6:19 pm
Kate D
I sincerely hope that drivers use good judgment and patience when considering passing over yellow lines. I watched a dear friend become road kill under a logging truck that passed him on a blind curve on a narrow road in Humbolt Co. (much like Bohemian HWY) with no place for the cyclist to go because there was no margin, just a hillside and a vehicle coming from the opposite direction..
May 26th, 2012 9:04 pm
bob nobelini
So, with this legislation a car driver will have the ability to decide if it is safe to pass a bicycle rider by going over the double yellow line. This law would only apply to passing bicycles. You could not pass over the yellow line for joggers, hikers, skateboarders, horse riders, slow moving motorcycles or electric cars. Why not make it fair for all, and JUST GO BACK TO THE GOOD OLD DASHED LINES? I mean really, if you are going to give car drivers the responsibility to decide when it is safe to pass bikes (which are harder to pass do to there speed than, say, a hiker), why not give them the same responsibility with all slower pedestrians and traffic? And, if you are going to give car drivers that much responsibility, why have the double yellow lines??? Stupid and biased law…
May 26th, 2012 11:44 pm
bob nobelini
also, we have the 3 foot rule… Another big problem with this law…
May 26th, 2012 11:48 pm
zuma
How about some laws keeping bicycles off public roads?
And perhaps a licensing fee of $100 and a road test from cyclists?
May 27th, 2012 4:45 am
Fmmt47
Why don’t bicyclists stay in the expensive bike lanes provided for them then motorists would be at least 3 feet away from them when they pass?
May 27th, 2012 7:05 am
svo
John wrote, “If the road is too narrow to pass safely, a cyclist must ride in the middle of the road to deter motorist from attempting unsafe passing manuevers.”
Hilarious, that a cyclist should be the keeper of this new rule. That is even worse that some dimbulb hanging out in the left lane to “deter” speeders.
May 27th, 2012 7:22 am
EspinoMaximo
Of course, more laws, more fees (taxes), more…more…more. Next up, The California Dept. of Bicycle Avoidance staffed by a cast of thousands.
May 27th, 2012 7:35 am
Robert
The law should be,,, “Share the Road”
3+ foot passing clearance for bicyclists, but
the bicyclist MUST pull off in the next driveway/turnout if 3 or more cars are behind them
May 27th, 2012 8:28 am
Nancy Colvin
This sounds sensible and safe. Now can we ask that cyclists give me the same 3 feet of safety when they blow by me on trails, ruffling my hair and startling my dog with their speed?
May 27th, 2012 8:37 am
Capttan Kona
I said, “This is bureaucratic b——-.”
The base fine is all you should have to pay, the rest is bureaucratic bull shit. The Eighth Amendment is very clear on this point.
“Excessive bail shall not be required, nor excessive fines imposed”
Anything over the base fine is excessive.
May 27th, 2012 9:20 am
paul
well an actually honest problem biker has shown up. He believes it is his right and obligation to control traffic, that he can and probably does impede traiffic on a regular basis, and that accidents caused by him running stops or red lights would be of little consequence. Ignoring consequences to him, drivers attempts to avoid him would likely lead to vehicular loss of control and damage to persons or objects, but what only counts to him is what happens to him. Be glad he is riding a bike, imagine him driving a car. May he find the errant tack.
May 27th, 2012 1:55 pm
Marc
This is a impossible law to enforce, and notice they keep making laws for Cars while cyclist do what ever they want with little or NO enforcement of laws. I live next to a major bike route and the cyclist ignore any rules by running stop signs and riding 3 or 4 abreast and controlling the roads. Most accidents with cyclist’s are because they caused it in my area not the other way around.
May 27th, 2012 5:37 pm
Gail
Agree with most of the previous posts. Are they going to start fining those who make left turns from the left turn lanes? That is ridiculous, done out of laziness, impatience to wait for the light or whatever. It is plain unsafe and breaking the law. There is a reason the law states a bicyclist can only be a certain distance from the curb.
June 2nd, 2012 9:52 am