Help Pass the 3-foot Passing Law in California

Posted By on June 20, 2011

Senate Bill 910 , cosponsored by the California Bicycle Coalition and the City of Los Angeles will give require that automobile drivers give bicyclists at least three feet of clearance when passing from behind under most circumstances.

SB 910 also legalizes the existing practice by safe motorists to cross a double yellow centerline, when clear, to pass a bicyclist. It also sets a base fine of $220 (that’s $959 once court fees and other expenses are added) for injuring a bicyclist in violation of this statute. Eighteen other states have enacted similar laws

Give Me 3 - Photo from City of Los Angeles

In order to voice your support for the bill, follow directions below:

The California Senate approved SB 910 on June 1. On Monday, June 27, the bill will be up for a vote by the Assembly Transportation Committee. We need bicyclists like you to contact Assemblymember Bonnie Lowenthal, the chair of the committee, by phone, email or fax to let her know why this bill is so important to the safety of all bicyclists on the road!

A file documenting all messages of support for SB 910 accompanies the bill as it moves through the legislative process. This information is read by legislators and their staff and helps make the case for the bill. Your voice definitely counts! The deadline for calling or sending a message is 5 PM Tuesday, June 21.

You can express your support for SB 910 by phone or by email or fax:

By phone

Call the Assembly Transportation Committee office at (916) 319-2093 with this message:

“My name is _________ and I’m from _________ and I’m calling to express my support for Senate Bill 910, which will be heard by the committee on June 27. SB 910 would help create safer road conditions for bicyclists in our area and help prevent the leading cause of bicyclist fatalities in California.”

Please make this call by 5 PM next Tuesday.

By email or fax

Copy and paste the sample letter below into an email message or onto your own letterhead, add your name and location, and email it to Assemblymember.Lowenthal@assembly.ca.gov or fax it to (916) 319-2154 by 5 PM next Tuesday. Please also send a copy to the SB 910 author, Sen. Alan Lowenthal (no relation to Bonnie), at Senator.Lowenthal@senate.ca.gov or (916) 327-9113.

SAMPLE SUPPORT LETTER

June 16, 2011

Hon. Bonnie Lowenthal
Chair, Assembly Transportation Committee
State Capitol, Room 3152
Sacramento, CA 95814
Fax: 916-319-2154

Re: SB 910 (Lowenthal) – SUPPORT

Dear Assemblymember Lowenthal,

I’m a bicyclist and I’m writing to express my support for Senate Bill 910, which will be heard by the Assembly Transportation Committee on June 27.

Bicyclists too often face dangerous conditions on California’s streets and roads due to motorists passing too closely. When this happens, the slightest error by the motorist or the most minor shift by the bicyclist to avoid trash, broken glass or rough pavement can lead to a collision. This type of collision is the leading cause of adult bicyclist fatalities in California and the U.S.

By requiring motorists to give bicyclists at least 3 feet of space when passing, SB 910 can help prevent deadly collisions and make more people feel comfortable about choosing to ride their bikes. The bill modifies existing state law that requires a motorist to maintain an unspecified “safe distance” when passing a bicyclist. The California Driver’s Handbook already recommends three feet of clearance when motorists pass bicyclists. Eighteen other states have enacted similar laws.

A specified passing distance provides a more objective and easily understood definition for “safe passing” and gives law enforcement and the courts a more objective basis for enforcing California’s safe passing requirement. Most importantly, it expresses a motorist’s special responsibility to share the road safely with more vulnerable road users like bicyclists.

I hope I can count on your support for SB 910.

Sincerely,

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CC: Sen. Alan Lowenthal

IMPORTANT! If you or a family member have been involved in a collision or fall in California because a motor vehicle passed too close, briefly summarize the facts in your letter. The information is essential for showing why this law is needed.

I hope we can count on your support. Please contact Communications Director Jim Brown at jimbrown@calbike.org or (916) 446-7558 if you have questions or need more information.

The effort in the city of Los Angeles was spearheaded by the city’s Mayor Villaraigosa, who like many bike advocates, was inspired by this year’s Bike Summit where California proved to be the largest delegation in attendance.

I am excited about this bill and hope it will pass as it will be one more step toward ensuring the safety of cyclists and will require drivers to be more mindful.


Comments

6 Responses to “Help Pass the 3-foot Passing Law in California”

  1. Serge says:

    Hi Sam,

    Have you read SB 910? The latest version was updated on 5/10/11. They did not provide the actual text nor even a link to it in the email requesting support, but here is the link: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_910_bill_20110510_amended_sen_v96.html

    This is not a 3-feet passing law! It says: “at a minimum clearance of 3 feet, OR at a speed not exceeding 15 miles per hour faster than the bicycle,”

    So if a bicyclist is going 25 mph down a hill, cars being driven 40 mph can pass closer than 3 feet. That’s less protection than we have with the current law.

    There are promises that the 15 mph provision will be removed on June 27. We’ll see.

    Serge

  2. Bill says:

    The SB910 narrowly passed the Assembly Trans Committee yesterday! The Teamsters went heavily against the bill, even with misrepresentations of the bill in front of a large group of California transportation experts, saying they will all have to slow to 15mph to pass a bike. The essance of the bill is to give cyclists dependable space, and truckers express the expertise of pasing closer at a 15mph differential in speed.

    The 15mphdifferential provision was removed. The bill passed and now we need support for a full Assembly vote.

  3. Serge says:

    Bill, the latest version posted is from 6/22 which still has the 15 mph differential provision in 21750.1(b).

    http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_910_bill_20110622_amended_asm_v95.html

    By the way, this wording is what we at CABO (cabobike.org) proposed and endorsed.

    Serge

  4. Sam Ollinger says:

    @Bill – Thank you for the update

  5. Serge says:

    The bill info was just updated (it’s easy to subscribe to update if you’re interested) to indicate the Assembly committee approval and the CABO wording, including the 15 mph provision, remains.

    http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_910&sess=CUR&house=B&search_type=email

    Besides the 3-foot provision (which is difficult to measure and enforce, as is made evident by the dearth of violations in states that have this provision), the bill describes what constitutes safe passing more comprehensively than does current law, which does make it easier for police to enforce.

    Existing law:

    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, subject to the limitations and exceptions hereinafter stated.

    New law:
    The driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway shall pass in compliance with the provisions of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway.

    The bill also allows motorists to cross a solid center line to pass cyclist when it’s safe to do so, which should make motorists less frustrated.

    Serge

  6. Bill says:

    The 15mph differential exception was removed. Versions of the bill from May and before had this provision, which was intended to get trucks to slow down before passing a bike on narrow roads.

    A new 15 mph provision was added to the bill we have now in July. This says traffic below 15mph may pass closer than 3 feet. This is intended to handle passing events at driveways and intersections. We tried to make this a 10mph provision but some motorized interests pushed back.

    Overall we have a good bill that motorist can understand, to give us cyclist a new minimum clearance expectation.

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