Bikers have long sought to have this “Three Feet for Safety” law come into effect. CVC 21760 becomes effective next Tuesday, following more than 20 other states who have this law in effect.

There is little to protect a biker on the road should a mirror or any part of a vehicle just touch a biker. It can mean the difference between life and death. This is to prevent such.

“Great idea,” wrote Scott Myklebust an avid biker. “Very hard to enforce though.”

California Highway Patrol issued a statement regarding such and stated “According to the new law, a driver must allow three feet of distance when overtaking or passing a bicyclist. If three feet is not available, a driver must then slow to a safe speed and pass when no danger is present.

“As important as it is for vehicles to be mindful of our bicyclists, those who ride must exercise safe practices and ride smart,” added Commissioner Farrow. “With both drivers and bicyclists doing their part, we can help reduce the number of tragedies involving bicyclists.”

Now a two-lane, mountainous, and winding road presents a hazard for any vehicle to pass another. Both biker, which is a vehicle under the code, and vehicle are going to have to take that into consideration. Bikes are allowed to go on the shoulder.

Many vehicle owners complain about bikers holding them up on these two-lane roads where it is not possible to pass. There is another law, CVC 21656, and since bikers are subject to the vehicle code, they have to abide by it too. It is the law that says, when you are driving that car or bicycle so slowly that you have allowed five cars to accumulate behind you, you must turn off the roadway and let the faster cars pass. A slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place. It should not be as hard for a bike to get off the road in a safe place as it is a car.

CVC Section 21760 Three Feet for Safety Law

(a) This section shall be known and may be cited as the Three Feet for Safety Act.

(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.

(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.

(f) This section shall become operative on September 16, 2014.