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AB-1103 Bicycles: yielding.(2017-2018)

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Date Published: 02/17/2017 02:00 PM
AB1103:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1103


Introduced by Assembly Members Obernolte and Ting
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Bloom, Chávez, and Kiley)

February 17, 2017


An act to amend Section 21200 of the Vehicle Code, relating to bicycles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1103, as introduced, Obernolte. Bicycles: yielding.
Existing law, subject to exceptions, provides that a person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the laws applicable to the driver of a vehicle. A violation of the Vehicle Code is punishable as an infraction.
This bill would, notwithstanding those provisions, authorize a person operating a bicycle approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way, to cautiously make a turn or proceed through the intersection without stopping, unless safety considerations require otherwise. The bill would require a person operating a bicycle to continuously signal an intention to turn right or left during the last 100 feet traveled before the turn, except as specified. Because this bill would impose a new requirement on bicycle operators, the violation of which would be a crime, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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) A person riding operating a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions laws applicable to the driver of a vehicle by this division, including, but not limited to, provisions laws 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 laws 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.
(c) Notwithstanding subdivision (a), a person operating a bicycle approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way to any vehicle in the intersection or approaching from another highway or street so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection, may cautiously make a turn or proceed through the intersection without stopping. However, if required for safety, the person shall stop before entering the intersection, and may proceed after yielding the right-of-way.
(d) A person operating a bicycle pursuant to this section shall continuously signal an intention to turn right or left during the last 100 feet traveled before the turn, provided that a signal by hand and arm need not be given if the hand is needed to control or operate the bicycle.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.