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AB-694 Bicycles.(2017-2018)

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Date Published: 02/15/2017 02:00 PM
AB694:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 694


Introduced by Assembly Member Ting

February 15, 2017


An act to amend Section 21202 of the Vehicle Code, relating to bicycles.


LEGISLATIVE COUNSEL'S DIGEST


AB 694, as introduced, Ting. Bicycles.
Existing law requires any person operating a bicycle under specified conditions to ride as close as practicable to the right-hand curb or edge of the roadway, except under specified conditions, including, among other things, when reasonably necessary to avoid conditions that make it unsafe or when approaching a place where a right turn is authorized.
This bill would recast those provisions to instead require a person operating a bicycle to ride in the right-hand lane or bicycle lane, if one is present, and would additionally require a person operating a bicycle in a lane that is wide enough for a vehicle and bicycle to travel safely side by side within the lane to ride far enough to the right in order to allow vehicles to pass, except when it is reasonably necessary to avoid conditions that make it hazardous to continue along the right-hand edge of the lane, and when approaching a place where a right turn is authorized. By redefining the elements of a crime, this bill would create 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 21202 of the Vehicle Code is amended to read:

21202.
 (a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway in the right-hand lane or bicycle lane, if one is present, except under any of the following situations:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.
(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3)When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a “substandard width lane” is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

(4)When approaching a place where a right turn is authorized.

(b) Any person operating a bicycle in a right-hand lane that is wide enough for a vehicle and a bicycle to travel safely side by side within the lane shall ride far enough to the right in order to allow vehicles to pass, except under any of the following situations:
(1) When reasonably necessary to avoid conditions that make it hazardous to continue along the right-hand edge of the lane.
(2) When approaching a place where a right turn is authorized.

(b)

(c) Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of that roadway as practicable.

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.