New Calif. Laws 2023

New Laws 2023: biking on Walk signal OK, motorists to change lanes to pass, eBikes may be regulated from some bikeways.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT …

Electric Bikes on Bikeways

(a) Notwithstanding Sections 21207 and 23127 of this code, or any other law, a motorized bicycle shall not be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation.21207.5.
(b) The local authority or governing body of a public agency having jurisdiction over an equestrian trail, or hiking or recreational trail, may prohibit, by ordinance, the operation of an electric bicycle or any class of electric bicycle on that trail.

(c) The Department of Parks and Recreation may prohibit the operation of an electric bicycle or any class of electric bicycle on any bicycle path or trail within the department’s jurisdiction.

Bicyclists may proceed on Walk signal phase.

Except as otherwise directed by a bicycle control signal described in Section 21456.3, the operator of a bicycle facing a pedestrian control signal displaying a “WALK” or approved “Walking Person” symbol may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to any vehicles or pedestrians lawfully within the intersection….(b) This section shall become operative on January 1, 2024.

Motorists to change lanes to pass bicyclists

Section 21760 of the Vehicle Code is amended to read:SEC. 6.
(a) This section shall be known and may be cited as the Three Feet for Safety Act.21760.(b) 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.

(c) 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. The driver of a motor vehicle overtaking or passing a bicycle that is proceeding in the same direction and in the same lane of travel shall, if another lane of traffic proceeding in the same direction is available, make a lane change into another available lane with due regard for safety and traffic conditions, if practicable and not prohibited by law, before overtaking or passing the bicycle.

(d) 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.(e) (1) A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).(2) 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.

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About Jim Baross

I bicycled across the USA from East to West in 1976 leading groups of bicyclists for the “Bikecentennial ’76 “event and again in 2007 riding this time from West to East with my two sons. I was first certified as an Effective Cycling Instructor in 1986 by the League of American Bicyclist and have been an active League Cycling Instructor for the League since then. In 2002 I gained acceptance as a Cycling Instructor Trainer and since then have conducted 11 training seminars for certification of League Cycling Instructors held in San Diego, San Jose, Santa Barbara, San Luis Obispo, Sacramento, Morgan Hill, Fairfax, and Palo Alto. I completed the San Diego Police Bicycle Skills Menu Course in 2003 and I have been an expert witness for bicycling crash incidents. I presently serve on several bicycling advisory committees and advocacy organizations. Chair - Bicycle-Pedestrian Advisory Working Group for the San Diego regional association of governments since 1995 Vice Chair - California Bicycle Advisory Committee for the State Dept of Transportation, a member since 1992 President - California Association of Bicycling Organizations Board member - California Bicycle Coalition California State Ambassador – League of American Bicyclists Co-Chair California Strategic Highway Safety Plan, Challenge Area 13, Improving Bicycling Safety Conferences, seminars and similar events at which I have attended and presented bicycling safety information and training include the following: Speaker/Presenter, Calif. Office of Traffic Safety, Summit “What to do about all these bicycles in Traffic”, 2009 ProWalk-ProBike Conference, Seattle WA., 2008 Attendee/Speaker, League of American Bicyclists, Bike Education Conference, Wisconsin and New York City, 2002 & 2007 Velo Mondial, Amsterdam. 2000 Speaker/Presenter, Calif. Office of Traffic Safety’s Summit “A Vision for Roads to Traffic Safety”, 2000 Speaker Autovation conference, San Diego 2005 Chair, California Strategic Highway Safety Plan, #13 - Improve Bicycling Safety Presenter, California Strategic Highway Safety Plan Summit, 2008 Anaheim Attendee, League of American Bicyclists, National Bike Summit, Washington, DC, 2006 & 2008 Presenter, Walk/Bike California Conferences, Oakland 2003, Ventura 2005, Davis 2007 Speaker, Making the Connection International Trails and Greenways Conference Presenter, Safety N Kids, Conference, “Children Learn Best by Good Examples From Those They Trust”, 2006 Speaker, ITE Conference 2006 Dana Point, Calif., “Engineering for Bicycling, From a Bicyclists Point of View” Exhibitor/Speaker, Lifesavers, National Conference on Highway Safety Priorities, 2004 References familiar with my bicycling background and experience include: Kathy Keehan, Exec Director San Diego County Bicycle Coalition, Ph: 858-487-6063, Email: execdir@sdcbc.org Stephan Vance, Chair Calif. Bicycle Coalition and SANDAG Senior Planner, Ph: 619-595-5324, Email: sva@sandag.org Ken McGuire, Chief Bicycle Facilities Unit, California Dept of Transportation, Ph: 916-653-2750, Email: ken_mcguire@dot.ca.gov Preston Tyree, Director of Education, League of American Bicyclists, 1612 K St., NW, #800, Washington, DC 20006, Ph: 202-822-1333 x 227, Email: Preston@bikeleague.org