Frequently asked questions about SB 1464
How can drivers tell whether they’re giving a bicyclist three feet of clearance?
It's pretty easy. Three feet is approximately the width – measured elbow to elbow – of most adult bicyclists when they're riding. If a driver can imagine a second bicyclist fitting in between her car and the bicyclist she’s about to pass, she’s giving the bicyclist enough space. (And there's no penalty for giving a little more space.) Three feet is also about the length of an outstretched arm -- measured from the center of the chest -- of a person who is six feet tall.
SB 1464 will make safe passing a lot less confusing. Existing law simply requires a driver to keep a “safe distance” from a bicyclist. How is a driver supposed to know what's considered “safe”?
How will this law be enforced?
It will be enforced the same way California's current passing law is enforced: a driver who is observed to be violating the law can be cited. Many drivers will obey the law and some won’t – and won’t get caught. That’s a problem with enforcement, not with the law itself. (And yes, it also means drivers will need to be educated about the law.)
The law will be particularly valuable where a violation results in a collision that injures a bicyclist, because there will be a specific reason for a law enforcement officer to consider citing the driver.
Believe it or not, under existing law it's not illegal to injure a bicyclist with a car. In far too many cases drivers who injure bicyclists never gets cited or punished in any way. Drivers who kill bicyclists can be prosecuted for vehicular manslaughter, a criminal charge. But there isn't a comparable charge for injuring a bicyclist, even when the injuries are severe or permanently disabling.
SB 1464 will result in more careless drivers being punished and some of the worst offenders being taken off the road permanently. This protects everyone else on the road, including other drivers.
What will be the penalties for violating this law?
SB 1464 contains two penalties. For a violation that does not result in an injury, the bill sets a base fine of $35, which becomes a $154 fine for the driver once court and administrative fees are added.
For a violation that involves a collision that injures a bicyclist, the base fine is $220, which becomes a $959 fine for the driver. This is equal to the lowest fine imposed for reckless driving with bodily injuries.
Will the law apply when passing a bicyclist who is riding in a bike lane?
No. SB 1464 amends the California Vehicle Code section that deals with one vehicle passing another vehicle from behind in the same lane and traveling in the same direction (technically called "overtaking"). When a car and a bicycle are traveling in separate lanes, the safe passing law wouldn’t apply.
One exception is where a bike lane approaches an intersection. When a bike lane marking is dashed, it means cars and trucks must use that portion of a bike lane as a right turn lane. In this case, a driver passing a bicyclist from behind would be required to give the bicyclist three feet of clearance. However, this portion of a bike lane is often very short, so passing a bicyclist shouldn't be necessary and would only occur under unusual circumstances.
How would drivers give bicyclists three feet of clearance on roads that are too narrow?
Keep in mind that state law doesn't guarantee drivers a right to pass whenever or wherever they want. Drivers may only pass another vehicle or a bicycle when it's safe to do so. This wouldn't change under SB 1464.
Under SB 1464, if the driver can give the bicyclist three feet of space, it's probably safe to pass (other factors matter, too, like traffic, weather, visibility, curves, hills, etc.). If he can’t do that, then he can’t (and shouldn’t) pass.
To make it easier to give bicyclists at least three feet on two-lane roads with a solid double-yellow centerline, SB 1464 would allow a driver to cross the centerline, when safe, in order to pass. Crossing the double-yellow centerline is not allowed under existing law. We think this is an important exception because California is somewhat unique among states for prohibiting drivers from crossing a double yellow centerline. Most other states with 3-foot-passing laws don't have to deal with this issue.
Why do we need a law just about passing bicyclists?
We already have a law about passing bicyclists. Existing state law requires drivers to pass at a “safe distance.” But how are drivers supposed to figure out what's "safe" when state law doesn't specify a distance?
Our traffic laws reflect the fact that many road users -- pedestrians, school children, emergency workers and road crews -- are especially vulnerable in the event of a collision with a passing car or truck. That's why drivers are subject to special speed limits and passing rules when approaching crosswalks, schools, school busses, emergency vehicles and road crews.
By specifying three feet as the minimum passing distance when cars pass bicycles, SB 1464 simply extends this concept to passing bicyclists, who are just as vulnerable.
Would SB 1464 prohibit a bicyclist from passing a car too closely?
No. The bill applies specifically to motor vehicles passing bicyclists from behind. A bicyclist who passes a motor vehicle by less than three feet –- for example, when pulling alongside a car stopped at a red light -- would not violate this law (and wouldn’t cause the driver to be in violation of the law, as the bicyclist is passing the driver and not the other way around).
The reason should be obvious: a collision between a car or truck and a bicycle is potentially far deadlier for the bicyclist than it is for the driver -- passing-from-behind collisions kill more adult bicyclists than any other cause. SB 1464 simply reflects the unique potential of motor vehicles to cause significant harm to other road users.