Jeri Williams Chief of Police |
Oxnard Police Department
R. Jason Benites Scott Whitney |
OXNARD POLICE DEPARTMENT
NEWS RELEASE
INCIDENT: | New Bicycle law, “Three Feet For Safety Act” |
DATE/TIME: | September 25, 2014 |
CONTACT PERSON & CONTACT INFO: |
Senior Officer Jamie Brown (805) 385-7749 jamie.brown@oxnardpd.org |
DETAILS: California’s new bicycle law, “Three Feet for Safety Act” took effect on September 16, 2014 as a result of Assembly Bill 1371. The “Three Feet for Safety Act” will require that drivers provide at least three feet between any part of their vehicle and bicyclist when passing.
“Three Feet for Safety Act” California Vehicle code sections:
- 21760 (a) VC“This section shall be known and may be cited as the Three Feet for Safety Act.”
- 21760 (b) VC “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 requirements 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, visibility, and the surface and width of the highway.”
- 21760 (c) VC “A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.”
- 21760 (d) VC “If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway.”
- 21760 (e)(1) VC “A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).”
- 21760 (e)(2) VC “If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle, and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed on that driver.”
State data show that 153 bicyclists were killed in California in 2012, a 7 percent increase from 2011. Those deaths accounted for 5 percent of the total collision fatalities in California. As important as it is for vehicles to be mindful of our bicyclists, those who ride must exercise safe practices and ride smart.
Here’s how the law works:
- The law applies to any place a vehicle passes a bicyclist, regardless of whether there’s a bike lane in the road.
- A law enforcement officer must witness a violation to issue a citation. Bystanders’ accounts or video recordings made by the bicyclist — on a GoPro, for example — aren’t admissible.
- Violators face at least a $35 fine, and a $220 fine if a collision occurs. Both can increase when court fees are added.
- There is one exception to the new law: If there’s not enough room for a driver to give three feet of space. In that case, they must first slow down before safely passing.
Frequently Asked Questions:
Question: Can I go into opposing lanes of traffic to pass a bicyclist if there is not three feet of space between us?
A- A driver must follow all rules of the road when driving on the roadway and when passing a bicyclist.
Question: What do I do if the bicyclist is in my lane and there is no room to pass?
A- A driver must slow down and allow the bicyclist to move to the side and allow for the three feet of space before passing.
Question: How do I know if there is three feet between my vehicle and the bicyclist?
A- One way to think about it is if a bicyclist can reach his/her arm out and touch your vehicle, your vehicle is probably closer than three feet.
Question: What if I need to make a right turn and there is a bicyclist on the right side of me?
A- If you are not able to move in front of the bicyclist, allowing three feet of space between you and the bicyclist and/or interfering with the bicyclist, you must slow down and let the bicyclist move ahead of you until there space for you to move behind the bicyclist and prepare to make the right turn.
Motorists are reminded to pay close attention and exercise due caution when they see bicyclists on the roadway. Please move over or slow down to pass when you see a bicyclist on the road and help keep our roadways a safer place.
DATE / TIME PREPARED: September 25, 2014