Streetsblog Los Angeles

The pomp and circumstance for the most recent effort to mandate a 3-feet passing distance for cars overtaking bicyclists is noticeably more quiet than the past two years. Whatever the reason, perhaps cyclists aren’t willing to get their hopes up again after Governor Jerry Brown’s two incoherent veto messages in 2012 and 2011, the statewide cycling movement doesn’t seem as revved up this time around. Even the “Give Me 3” website created by the California Bike Coalition for the specific reason of passing such legislation has not been updated to mention 2013′s AB 1371 by Assembly Member Steven Bradford (D-Gardena).

Take 3.

However, all of that is starting to change. On Sunday, Bradford will stand with Mayor Antonio Villaraigosa, who had backed a safe passing law following his own bike crash in 2010, and hundreds of cyclists at the “opening” of CicLAvia to call for the legislature and Governor to act quickly to make a three foot passing law a reality in California. On Monday, the Assembly Transportation Committee will hear AB 1371, the bill’s first step on its way to becoming a law.

“I am thrilled to join Mayor Villaraigosa at CicLAvia which will, for the first time, come to the 62nd District by way of Venice,” Bradford said. “This is a great event to raise awareness of cyclists’ right to ride safely on our city streets, and this bill will do the same.”

(Note: It was a busy 72 hours in Sacramento this weekend. Streetsblog will split it’s coverage of Governor Jerry Brown’s signings and vetos into two separate stories, one pertaining to bicycles, and a second post for everything else.)

For the second year in a row, California Governor Jerry Brown issued a last-minute veto of legislation mandating a minimum three-foot distance for motor vehicles to pass cyclists. However, two other bills making it easier for cities to implement bike lanes got the governor’s signature, albeit in watered-down form: AB 2245, which exempts bike lanes from excessive review under the California Environmental Quality Act (CEQA), and AB 819, which establishes a Caltrans experimentation process for adopting currently non-standard innovative bike lane designs, like physically protected bike lanes.

When Brown vetoed the 3-foot passing bill last year, he argued in a widely panned veto-message that a three foot passing law would damage the “free flow of traffic” and proposed a change that would not address his stated problem. This year, Senator Alan Lowenthal (D-Long Beach) made the changes that the Governor requested to SB 1464, but Brown and his advisors created a new reason to veto the legislation.

If only this car had crossed the double yellow line a little sooner. The image is taken from a story on Confessions of a... where a woman recounts the pain of being hit by a car and the miracle that she could walk away from such a crash.

This year, the Governor’s veto message expressed concern that the state would be liable for any crashes caused by reckless drivers who crossed a “solid yellow” line to give cyclists the three-foot buffer. The veto message also stated that Caltrans proposed a solution to “this issue,” but that Lowenthal’s office refused to make the change. Caltrans did not return calls for comments, and advocates familiar with the legislation professed to have “no idea” what the Governor was referencing.

In the nineteen states that have three foot passing laws and the one that has a four foot passing law, Streetsblog can find no evidence that the kind of lawsuit the Governor fears has ever been successfully prosecuted. The California Bicycle Coalition (CBC) reports that the California Department of Finance, the department responsible for tracking whether legislation opens the state to lawsuits, opined that current law would protect the state from these sorts of lawsuits. The CBC also notes that the language the Governor is concerned with was included in 2011′s three foot passing law, and that neither the Governor nor Caltrans expressed any concerns last year.

Cycling advocates were incensed at the veto.

“It’s pretty clear that the Governor is out of touch with what is happening on our roads,” writes Eric Bruins, the Policy and Program Director for the Los Angeles County Bicycle Coalition (LACBC). “With the distracted driving bill and the 3-foot passing bill, the Legislature is responding to the public’s concerns about traffic safety.  It’s time for the Governor to engage on these issues and protect victims of dangerous and distracted driving.”

The California Bicycle Coalition was even harsher.

“Brown has offered no indication of how he views bicycling or expressed any ideas for ensuring the safety of Californians who rely on bicycling as everyday transportation,” writes the Coalition on their website. “By vetoing SB 1464, he makes clear that he prioritizes legalistic speculation over the safety of Californians.”

“We’re deeply concerned about what his lack of vision and leadership means for the safety of our streets and roads.”

Ted Rogers is the author of the website Biking In L.A. and a member of the LACBC Board of Directors. After last year’s veto, Rogers and a handful of other bloggers began referring to a cyclist being buzzed or struck by a passing motorists “being Jerry Browned.” When asked if he thinks “being Jerry Browned” will catch on, he argues “He deserves to be remembered for this for the rest of his hopefully short political career.” Rogers was speaking for himself, and not the LACBC.

But the news wasn’t all bad for cyclists out of the Governor’s Office. While Brown refused to “Give Me 3,” he did sign two pieces of heavily amended legislation that will make construction of bicycle projects easier. Read more…

A driver prepares to pass a bicycle rider on the Wiggle in San Francisco. Photo: Aaron Bialick

The California State Assembly passed a bill Monday that would require motorists to provide three feet of space when passing bicyclists. SB 1464, which passed with a 50-16 vote, is expected to be signed by Governor Jerry Brown in September following a “largely procedural” approval by the State Senate, which already passed the bill in May, according to the California Bicycle Coalition.

Thousands of supporters wrote their Assembly members in recent weeks to urge a “yes” vote in a campaign spearheaded by TransForm and the CBC. The bill, according to the CBC, has “none of the organized opposition that fought SB 910,” the 3-foot passing bill that was vetoed by Brown last year. At the time, Brown said he was responding complaints from the California Highway Patrol and the American Automobile Association over a provision that would have required drivers to slow down to 15 MPH to pass if providing three feet was unfeasible. Instead, SB 1464 would require drivers in that situation to “slow down to a speed that is reasonable and prudent given traffic and roadway conditions and only pass when it’s safe to do so.”

The debate in the Assembly yesterday offered a glimpse of certain legislators’ views on cycling.

“This is a common sense approach to safety for bicyclists,” said Assembly Member Steven Bradford, a Democrat who represents the 51st District in Los Angeles. “Where it is unsafe to move over three feet, drivers have the discretion of just slowing down and passing a bicyclist.”

Three Assembly members spoke in opposition to the bill, all Republicans. Assembly Member Diane Harkey, representing the 73rd District in Orange County, eschewed the responsibilities of drivers to watch out for vulnerable street users and said more of the onus should be placed on bicyclists.

The bill, said Harkey, “Allows for lawsuits on motorists who are trying to do the right thing, but for some reason or another, a cyclist comes up behind, maybe in a blind corner, and the cyclist thinks he has the right-of-way and maybe is going full speed ahead, and knows that he’s got the law on his side, however, he may not have the poundage on his side.”

“Just because you have the right-of-way, doesn’t mean that you will survive or live,” added Harkey. “The cycling has gotten a little bit out of control. They are not cars.”

Read more…

Pacific Avenue in Santa Cruz. Photo: Richard Masoner/Flickr

A state bill that would require drivers to give three feet of leeway when passing bicyclists in California is headed to the State Assembly for a vote this Friday.

TransForm and the California Bicycle Coalition are calling on supporters to email their Assembly members and urge them to vote “yes.” If approved by the Assembly, the bill could be signed into law by Governor Jerry Brown in September, bringing California in line with 21 other states and the District of Columbia, which have similar laws.

Support for the bill looks strong. The bill sailed through the State Senate in May, and by yesterday afternoon, supporters had sent at least 1,340 letters to their Assembly members, according to the CBC. The real question remaining is whether the bill will be signed by Governor Brown, who vetoed a previous version of the bill last year.

The new bill was modified to address Brown’s complaints about a provision which would have required drivers to slow down to 15 MPH if they are unable to safely provide three feet of room. Instead, the bill would require drivers in that situation to “slow down to a speed that is reasonable and prudent given traffic and roadway conditions and give the bicyclists as much clearance as feasible.”

Senate Bill 1464, the three-foot bike passing bill proposed by California Senator Alan Lowenthal (D-Long Beach), heads back to the Senate on Thursday, May 24 after sailing through committee last week. Buoyed by a strong campaign by the California Bike Coalition (CBC) and TransForm, thousands of supporters have already written letters to their senators urging them to pass the bill.

The first Give Me 3 poster on 1st and Main in Los Angeles, 2010. Photo: LADOT Bike Blog

“The community of people who care about the safety of bicyclists continues to be the backbone of support for this bill,” said Jim Brown, spokesperson for the CBC. “Nearly 1,800 people have contacted their state senators to urge a yes vote this Thursday. This is a very large response by any measure, especially for bike-related legislation. It shows how strongly people care about making our roads safer.”

If passed, SB 1464 would require drivers to give cyclists a three foot passing berth when passing them. A nearly identical proposal, SB 910, was vetoed by Governor Brown in October due to pushback from AAA and the CA Highway Patrol (CHP), despite making its way through both houses of the legislature. As reported in Streetsblog  last month, the CBC worked with AAA and the CHP to revise the language they objected to and propose a new bill.

SB 1464 differs from last year’s bill by allowing drivers to cross a solid double yellow centerline (when safe) if necessary to give a bicyclist at least three feet of space. If three feet aren’t available, the bill requires drivers to pass by slowing down to a “reasonable and prudent” speed and give bicyclists as much space as “feasible.”

The CBC launched the “Give Me 3” campaign to support the bill last year using imagery from Los Angeles’ bike safety campaign in 2010. Los Angeles Mayor Antonio Villaraigosa told Streetsblog that the passage of a safe passing law in Sacramento is “a top legislative priority” for him. Read more…

State Senator Alan Lowenthal’s “Give Me 3″ legislation, S.B. 1464, is going back to the Senate Housing and Transportation Committee on April 17. The bill would require drivers to give cyclists a three foot passing berth when overtaking them. I say “going back” because nearly identical legislation, S.B. 910, was passed by both houses of the legislature last year, before Governor Brown exercised his veto. Brown expressed concerns about hypothetical traffic congestion caused by cars slowing down to pass bicycles.

While California is still trying to "Give Me 3," Pennsylvania is already requiring drivers to give cyclists a four foot passing berth. Photo: Fran Maye/South West Chester Weeklies

Assuming it passes both houses of the legislature again, how will 2012′s “Give Me 3″ legislation clear the governor’s desk this time around?

Jim Brown of the California Bike Coalition explains. “The language in 1464 is identical to 910 except we didn’t include the provision that the governor said he didn’t support,” said Brown.  ”We took out a provision that says if you can’t give three feet of space you have to slow down to 15 mph to pass.”

That doesn’t mean cyclists on single lane roads are being abandoned. Brown confirmed that specific new language, which is not objectionable to AAA or the California Highway Patrol, will be unveiled this week and added to the legislation either at the April 17 committee hearing or before it.

While California cyclists and lawmakers continue to tinker with language to appease the state’s car lobby (and governor), a four-foot passing law went into effect in Pennsylvania yesterday. On February 2, Republican Governor Tom Corbett signed a law giving cyclists an even wider berth than required by California’s proposed legislation.

For more information about S.B. 1464, visit the FAQ page on the Give Me 3 campaign website, or check out the bill’s language in its entirety.

On October 7th, Governor Jerry Brown shocked the California cycling community and snubbed Los Angeles Mayor Antonio Villaraigosa and bill sponsor Senator Alan Lowenthal (D-Long Beach) when he vetoed Senate Bill 910, a proposed law that would have required motorists to give cyclists a three foot buffer when passing. However, proponents of the “Give Me 3″ bill are back with a new proposal – SB 1464.

A Sacramento bicyclist expresses her support for the "Give Me 3" campaign on Bike to Work Day. Photo: California Bicycle Coalition

The proposed bill, also introduced by Lowenthal, is nearly identical to SB 910, but legislators removed a provision that would have required drivers to slow down to 15 mph to pass bicyclists if there was insufficient room to pass with three feet.  This provision so rankled the California Highway Patrol, Caltrans and the AAA that they convinced the governor to veto the proposal fearing cars backing up if they are unable to pass a cyclist at 15 miles per hour.

While similar laws in other states have included the provision, Lowenthal and the California Bike Coalition (CBC) feel that removing it increases the chance that the legislation will pass. Back when the Governor vetoed the legislation, Senator Lowenthal noted that removing that provision would actually make the road safer for cyclists, although it would do nothing to address the Governor’s stated concerns.

“This is the bill Gov. Brown seemed to say he was open to supporting when he vetoed SB 910 last October,” writes Jim Brown, the communications director for the California Bicycle Coalition. “We’re confident this bill meets his concerns and we look forward to his support.”

Both Lowenthal and the CBC say they are open to amendments that would add an exception to the law that would allow for safe passing in situations where there is not the road space or speed limits that would allow cars to pass cyclists under a strict three-foot passing requirement.

The proposal, sponsored by the CBC and the City of Los Angeles, is expected to be heard by the State Senate this spring.

Lance Armstrong and Mayor Antonio Villaraigosa at "Hope Rides Again" Cancer Awareness Event in March, 2009. Photo:SoCalCycling.com

CicLAvia ride buddies Lance Armstrong and Los Angeles Mayor Antonio Villaraigosa have joined forces again.  Their target: Governor Jerry Brown.  Their message: sign S.B. 910, the state’s three foot passing law that would protect cyclists from drivers who pass too close and too fast.

“Gov. Brown can help make our roads safer for everyone by making Senate Bill 910 the law in California,” said Armstrong, seven-time winner of the Tour de France, and the most famous bicyclist in the world.

“I’m thrilled that we have Lance Armstrong’s support on this issue,” added Villaraigosa. “His success is a big reason so many more Californians are interested in bicycling. It’s so important to have experts like him advocating for making California a more bike-friendly place.”

The Senate and Assembly both passed S.B. 910, authored by Long Beach Senator Alan Lowenthal, which would require motorists passing bicyclists to give at least a three foot cushion if the car’s speed is 15 miles per hour. Many Republicans opposed the measure, in large part due to the opposition of speeding traffic advocates, AAA and the California Highway Patrol. Last week, Streetsblog San Francisco reported that those same two groups are lobbying the Governor to veto this traffic safety measure. Read more…

Yesterday, the California State Assembly joined the Senate in passing S.B. 910 by an overwhelming 41-20 vote.  S.B. 910 would require motorists to give bicyclists a three foot cushion when passing at miles in excess of fifteen miles an hour faster than the cyclist.  The legislation needs re-approval by the Senate, something that occurs 99% of the time, because of some technical changes that occurred in the Assembly at the request of the bill’s author, Senator Alan Lowenthal (D-Long Beach).  From there it will await signature from Governor Jerry Brown.

“We’ve heard too many stories of people having close calls or worse caused by drivers not giving enough space as they pass someone on a bicycle. This new law will make it easier to educate drivers to give a little more space,” said California Bike Coalition Executive Director Dave Snyder. “Protecting people who want to bicycle – and making that choice an easier one for people to make – is an important step in making California a healthier and safer place to live.”

Assuming the Senate and then Governor Brown approve and sign S.B. 910, it will mark the end of a long road that began well before the Mayor of Los Angeles, Antonio Villaraigosa, had his elbow broken when forced off his bicycle by an inattentive cab driver.  Following the crash, Villaraigosa made bike safety a legislative priority in Los Angeles.  Safe passing laws have come and gone from the legislative docket in the past, but none have ever achieved passage by both houses. Read more…

This Friday, S.B. 910, the Three Feet Passing Law authored by Senator Alan Lowenthal (D-LB) heads to the Assembly Floor.  S.B. 910 has been passing committees and the full Assembly by mostly party-line votes, but that doesn’t mean that passage is assured in two days.  The California Bicycle Coalition has a sample letter to email Assembly Members in advance of Friday’s hearing.

Photo:Seven Photo/Flickr

The remaining opposition to the legislation comes from California’s two AAA Chapters, AAA Northern California and the Southern California Automobile Club.  The California Association of Bicycle Organizations had opposed the legislation, but changes made in the Assembly Transportation Committee ameliorated their concerns leaving just the AAA’s in opposition.  However, because the Assembly will be voting on a different piece of legislation than the one already passed by the Assembly, a re-vote will be required by the Senate before the legislation can move to Governor Jerry Brown’s desk.  Once there, Brown will have until October 9th to sign the legislation into law.

If signed into law, S.B. 910 will require drivers to give cyclists a three-foot cushion when passing at speeds greater than 15 miles per hour and bans passing cyclists on the right completely unless the cyclist is making a left-hand turn or the driver and not the cyclist is in a right-hand turning lane.  Drivers will be permitted to cross solid lines when there is no other vehicle traffic to pass a cyclist. Cycling groups, traffic safety experts and Los Angeles Mayor Antonio Villaraigosa have made S.B. 910 a top legislative priority this session.

Arguments against S.B. 910 can mostly be broken down into two arguments.  AAA claims that the law will be confusing to drivers and should be optional.  Many Republicans in the Senate and Assembly have claimed that S.B. 910 introduces “subjectivity into the law.” Read more…