Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.

This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a crime, this 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.

Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.

This bill would subject a person riding a bicycle on a Class I bikeway to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a crime, this 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.

Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.

This bill would subject a person riding a bicycle on a Class I bikeway or a sidewalk to those rights and requirements of the Vehicle Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a crime, this 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.

Existing law regulates the operation of bicycles and pedicabs. Existing law defines a Class I bikeway as a bike path or shared use path that provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.

This bill would subject a person riding a bicycle or operating a pedicab on a bikeway or other publicly maintained trail or road on a Class I bikeway or a sidewalk to those rights and requirements of the Vehicle Code. Code that apply if that person is involved in an accident resulting in injury or death of a person other than himself or herself, as specified. Because a violation of those provisions of the Vehicle Code by that person would be a crime, this 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.

Existing law regulates the operation of bicycles and pedicabs. Under existing law, a person riding a bicycle or operating a pedicab on a highway has all the rights prescribed in, and is subject to the requirements in, the Vehicle Code that are applicable to the driver of a vehicle.

This bill would subject a person riding a bicycle or operating a pedicab on a bikeway or other publicly maintained trail or road to those rights and requirements of the Vehicle Code. Because a violation of the Vehicle Code by that person would be a crime, this 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.

 CONSENT  

Bill No: AB 1755

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 6/12/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Roth, Skinner, Vidak, Wieckowski, Wiener

NO VOTE RECORDED: Morrell

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill subjects a person operating a bicycle on a Class I bikeway to all of the accident-related Vehicle Code provisions that apply to the driver of a vehicle on a highway.  

ANALYSIS:

Existing law:

1. Subjects a person operating a bicycle on a highway (i.e., a publicly maintained facility open to public vehicular traffic) to all of the accident-related Vehicle Code provisions that apply to the driver of a vehicle on a highway.
2. Requires the driver of a vehicle involved in an accident that injures a person other than himself or herself, or results in the death of a person, to immediately stop the vehicle at the scene of the accident.
3. Requires the driver to give his or her name and current residence address to the person struck or the driver or occupants of any vehicle collided with, and to give the information to any traffic or police officer at the scene of the accident.
4. Requires the driver to render reasonable assistance to any person injured in the accident, including transporting, or making arrangements for transporting, any injured person for medical treatment if it is apparent that treatment is necessary or if such transportation is requested by any injured person.
5. Requires the driver, upon being requested, to exhibit his or her driver’s license to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
6. Requires the driver, in the event of death of any person resulting from the accident, and if there is no traffic or police officer at the scene of the accident, to report without delay the accident to the nearest office of the California Highway Patrol or the office of a duly authorized police authority.
7. Punishes a driver who violates these provisions by imprisonment in state prison or county jail for not more than one year, or by a fine of not less than $1,000 or more than $10,000, or by both such imprisonment and fine.
8. Punishes a driver who violates these provisions, if the accident results in death or the loss or permanent impairment of function of a bodily member or organ, by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both such imprisonment and fine.
9. Subjects a driver who flees the scene of the crime after committing vehicular manslaughter or gross vehicular manslaughter while intoxicated to a term of five years in state prison if the allegation is admitted by the defendant or found to be true by the trier of fact.
10. Defines a Class I bikeway as a bike path with completely separated right-of-way for the exclusive use of bicycles and pedestrians.

This bill subjects a person operating a bicycle on a Class I bikeway to all the responsibilities and penalties (described above) that apply to the driver of a vehicle in the event of an accident that causes injury or death, except where those provisions that have no application by their very nature.

Background

In June of 2017, a Sacramento runner was hospitalized with serious injuries after being hit by a bicyclist on a local bike trail. The bicyclist fled the scene, leaving the injured runner on the trail. The bicyclist did not report the accident or render assistance to the runner. Under current law, if this accident had occurred on a public roadway, the offender would have been subject to prosecution for a hit-and-run offense. However, since this accident occurred on a Class I bikeway (a trail with a completely separated right of way that is exclusively reserved for bicyclists and pedestrians), it was theorized that the bicyclist - had he or she been identified - could not been charged with hit-and-run. The Sacramento County District Attorney’s Office noted at the time of the incident that their investigation was hindered because the California Vehicle Code is not clear on whether the case would qualify as a hit-and-run.

While current law generally subjects bicyclists to all of the “rules of the road” and treats them in the same manner as vehicular drivers, those rules do not clearly apply to bicyclists operating on Class I bikeways. This bill removes any ambiguity about the responsibilities of bicyclists on these Class I bikeways.

Comments

1. Author’s statement. “This unfortunate incident exposes a glaring hole in our current vehicle code, particularly during a time in which the state is transitioning to more active forms of transportation infrastructure – none of the rights or responsibilities regarding a hit-and-run applies to a bicyclist if they are on a bike path. They are not legally required to stop and exchange information when involved in a collision on a trail. They cannot be prosecuted for fleeing the scene of an accident when it occurs on a bike path or trail, and law enforcement cannot pursue a search warrant when investigating the collision. This disparity in law makes it almost impossible to prosecute hit-and-run collisions on trails, and makes resolving future incidents seemingly unachievable.”
2. The need is likely to increase. California has thousands of miles of separated bikeways and trails, and current state policies encourage and fund their continued development. In fact, the 2017 State Bicycle and Pedestrian Plan set a target to triple bicycling and double walking by 2020, and also to reduce bicycle and pedestrian fatalities by 10% per year. To achieve these goals, one of the recommendations in the plan is to increase local and regional networks of high-quality bicycle and pedestrian facilities, including Class I fully separated bike paths and trails. Additionally, with the passage of SB 1 (Beall, Chapter 5, Statutes of 2017), funding for the state’s Active Transportation Program, which funds bikeway projects, nearly doubled. As the state continues to champion a move to more active transportation policies and programs, enforcement laws must evolve to keep pace. This bill simply brings bikeways and trails in line with public roadways for the purposes of a hit-and-run accident.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/25/18)

California Police Chiefs Association

OPPOSITION: (Verified 6/25/18)

None received

ARGUMENTS IN SUPPORT: The author states, “There is no current mechanism in statute to allow law enforcement to charge a bicyclist who injures a pedestrian or another bicyclist on a Class I bikeway and then leaves the scene without offering assistance. This bill would resolve that deficiency.”

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by:

6/27/18 9:29:37

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 6/12/2018

SUBJECT:

DIGEST: This bill subjects a person operating a bicycle on a Class I bikeway to all of the accident-related Vehicle Code provisions that apply to the driver of a vehicle on a highway.  

ANALYSIS:

Existing law:

1. Subjects a person operating a bicycle on a highway (i.e., a publicly maintained facility open to public vehicular traffic) to all of the accident-related Vehicle Code provisions that apply to the driver of a vehicle on a highway.
2. Requires the driver of a vehicle involved in an accident that injures a person other than himself or herself, or results in the death of a person, to immediately stop the vehicle at the scene of the accident.
3. Requires the driver to give his or her name and current residence address to the person struck or the driver or occupants of any vehicle collided with, and to give the information to any traffic or police officer at the scene of the accident.
4. Requires the driver to render reasonable assistance to any person injured in the accident, including transporting, or making arrangements for transporting, any injured person for medical treatment if it is apparent that treatment is necessary or if such transportation is requested by any injured person.
5. Requires the driver, upon being requested, to exhibit his or her driver’s license to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
6. Requires the driver, in the event of death of any person resulting from the accident, and if there is no traffic or police officer at the scene of the accident, to report without delay the accident to the nearest office of the California Highway Patrol (CHP) or the office of a duly authorized police authority.
7. Punishes a driver who violates these provisions by imprisonment in state prison or county jail for not more than one year, or by a fine of not less than $1,000 or more than $10,000, or by both such imprisonment and fine.
8. Punishes a driver who violates these provisions, if the accident results in death or the loss or permanent impairment of function of a bodily member or organ, by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both such imprisonment and fine.
9. Subjects a driver who flees the scene of the crime after committing vehicular manslaughter or gross vehicular manslaughter while intoxicated to a term of five years in state prison if the allegation is admitted by the defendant or found to be true by the trier of fact.
10. Defines a Class I bikeway as a bike path with completely separated right-of-way for the exclusive use of bicycles and pedestrians.

This bill subjects a person operating a bicycle on a Class I bikeway to all the responsibilities and penalties (described above) that apply to the driver of a vehicle in the event of an accident that causes injury or death, except where those provisions that have no application by their very nature.

COMMENTS

1. Genesis of this Legislation. In June of 2017, a Sacramento runner was hospitalized with serious injuries after being hit by a bicyclist on a local bike trail. The bicyclist fled the scene, leaving the injured runner on the trail. The bicyclist did not report the accident or render assistance to the runner. Under current law, if this accident had occurred on a public roadway, the offender would have been subject to prosecution for a hit-and-run offense. However, since this accident occurred on a Class I bikeway (a trail with a completely separated right of way that is exclusively reserved for bicyclists and pedestrians), it was theorized that the bicyclist - had he or she been identified - could not been charged with hit-and-run. The Sacramento County District Attorney’s Office noted at the time of the incident that their investigation was hindered because the California Vehicle Code is not clear on whether the case would qualify as a hit-and-run.

While current law generally subjects bicyclists to all of the “rules of the road” and treats them in the same manner as vehicular drivers, those rules do not clearly apply to bicyclists operating on Class I bikeways. This bill removes any ambiguity about the responsibilities of bicyclists on these Class I bikeways.

1. Author’s Statement. “This unfortunate incident exposes a glaring hole in our current vehicle code, particularly during a time in which the state is transitioning to more active forms of transportation infrastructure – none of the rights or responsibilities regarding a hit-and-run applies to a bicyclist if they are on a bike path. They are not legally required to stop and exchange information when involved in a collision on a trail. They cannot be prosecuted for fleeing the scene of an accident when it occurs on a bike path or trail, and law enforcement cannot pursue a search warrant when investigating the collision. This disparity in law makes it almost impossible to prosecute hit-and-run collisions on trails, and makes resolving future incidents seemingly unachievable.”
2. The need is likely to increase. California has thousands of miles of separated bikeways and trails, and current state policies encourage and fund their continued development. In fact, the 2017 State Bicycle and Pedestrian Plan set a target to triple bicycling and double walking by 2020, and also to reduce bicycle and pedestrian fatalities by 10% per year. To achieve these goals, one of the recommendations in the plan is to increase local and regional networks of high-quality bicycle and pedestrian facilities, including Class I fully separated bike paths and trails. Additionally, with the passage of SB 1 (Beall), Chapter 5, Statues of 2017, funding for the state’s Active Transportation Program (ATP), which funds bikeway projects, nearly doubled. As the state continues to champion a move to more active transportation policies and programs, enforcement laws must evolve to keep pace. This bill would simply bring bikeways and trails in line with public roadways for the purposes of a hit-and-run accident.
3. Support expressed by law enforcement. Writing in support of the bill, the California Police Chiefs Association states, “This bill would bring parity to our current hit-and-run statutes and improve law enforcement’s ability to prosecute future incidents. In doing so, AB 1755 would allow local law enforcement to hold individuals accountable for their reckless behavior.”

ASSEMBLY VOTES:

Floor: 74-0

Transportation: 12-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 6, 2018.)

SUPPORT:

California Police Chiefs Association

OPPOSITION:

None received.

-- END --

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1755

Author:(Steinorth) – As Amended Ver:April 4, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill subjects a person operating a bicycle on a Class I bikeway, to all the provisions applicable to the driver of a vehicle for the purposes of an accident that causes injury or death, including the requirement to stop, render assistance, and report the incident. (A Class I bikeway is a fully separated bikeway or trail that is exclusively used for bicyclists and pedestrians, and prohibits motor vehicles.) By making this change, this bill expands the crime of fleeing the scene of an accident or otherwise failing to stop and render assistance to someone injured in an accident.

FISCAL EFFECT:

While it is possible that an individual could be sentenced to state prison under the terms of this bill, that outcome seems unlikely. For example, as of December 31, 2017 the California Department of Corrections and Rehabilitation (CDCR) had no offenders imprisoned for a principal offense of fleeing the scene of an accident, and only four individuals who had this crime as a subordinate offense. Given that CDCR has such a limited number of offenders, including drivers of cars or bicyclists on a roadway, convicted of fleeing the scene of an accident it seems unlikely that expanding this crime would result in a significant number of new offenders admitted to CDCR.

COMMENTS:

1. Background. Under current law, bicyclists are generally subject to all of the “rules of the road” and treated in the same manner as the driver of a vehicle. However, this does not apply if the bicyclist is operating on a Class I bikeway. In June of 2017, a Sacramento runner was hospitalized with serious injuries after being hit by a bicyclist on a Class I bikeway. The bicyclist fled the scene, leaving the injured runner on the trail. The bicyclist did not report the accident or render assistance to the runner. If the accident had occurred on a public roadway, the offender in this case would have been prosecuted for a hit-and-run offense. However, since this accident occurred on a Class I bikeway, the bicyclist could not be charged with a hit-and-run crime.
2. Purpose. According to the author:

None of the rights or responsibilities regarding a hit-and-run applies to a bicyclist if they are on a bike path. This disparity in law makes it almost impossible to prosecute hit-and-run collisions on trails, and makes resolving future incidents seemingly unachievable.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: April 9, 2018

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1755 (

Author:Steinorth) – As Amended Ver:April 4, 2018

SUBJECT: Bicycle operation

SUMMARY: Requires that a person operating a bicycle on a Class I bikeway, as defined, have all the rights and be subject to all the provisions that apply to the driver of a vehicle for the purposes of an accident that causes injury or death, except those provisions that have no application.

EXISTING LAW:

1. Provides that a bicyclist operating upon a highway has all the rights and is subject to all laws applicable to drivers of motor vehicles, except those provisions which by their nature have no application.
2. Defines a highway as publicly maintained and open to the use of the public for purposes of vehicular travel.
3. Defines bikeways as facilities that provide for and promote bicycle travel, specifically:
   1. Class I Bikeway - a bike path with completely separated right-of-way for the exclusive use of bicycles and pedestrians.
   2. Class II Bikeway - a bike lane providing restricted right-of-way designated for use by bicycles.
   3. Class III Bikeway - a bike route that provides right-of-way on-street or off-street designated by signs and markings, shared with pedestrians and motorists.
   4. Class IV Bikeway - a cycle track or separated bikeway with right-of-way designated exclusively for bicycle travel adjacent to the roadway but separated from vehicular traffic, with a physical barrier defined.
4. Authorizes local jurisdictions to construct bikeways on roads other than state highways.
5. Requires a driver of a vehicle involved in an accident resulting in injury or death of another person to immediately stop the vehicle at the scene of the accident and fulfill numerous requirements, as defined, including reasonable rendering assistance to the injured person.
   1. Authorizes penalties for violations of these requirements for an accident resulting in injury of imprisonment in state prison or county jail for not more than one year, by a fine between $1,000 and $10,000, or by both.
   2. Authorizes penalties for violations of these requirements for an accident resulting in death of imprisonment for in state prison for two, three, or four years; imprisonment in county jail for between 90 days to one year; or by a fine between $1,000 and $10,000; or by both. Allows for the court to reduce or eliminate any imprisonment in the interest of justice.
   3. Requires the court to take into account the defendant’s ability to pay any fine and may reduce the amount of the fine.

FISCAL EFFECT: Unknown

COMMENTS: In June of 2017, a Sacramento runner was hospitalized with serious injuries after being hit by a bicyclist on a local bike trail or Class I bikeway. The bicyclist fled the scene, leaving the injured runner on the trail. The bicyclist did not report the accident nor render assistance to the runner. Under current law, the offender in this case, once found, could have been prosecuted for a hit-and-run offense if the accident occurred on a public roadway. However, since this accident occurred on a Class I bikeway, the bicyclist could not be charged with a hit-and-run crime. In fact, the Sacramento County District Attorney’s Office, at the time of the incident, noted that their investigation was hindered because the California Vehicle Code is not clear on whether the case would qualify as a hit-and-run.

Specifically, under current law bicyclists are generally subject to all of the “rules of the road,” and treated in the same manner as the driver of a vehicle. However, this does not apply if the bicyclist is operating on a Class I bikeway. A Class I bikeway is a fully separated bikeway or trail that is exclusively used for bicyclists and pedestrians, and prohibits motor vehicles.

According to the author, “this unfortunate incident exposes a glaring hole in our current vehicle code, particularly during a time in which the state is transitioning to more active forms of transportation infrastructure – none of the rights or responsibilities regarding a hit-and-run applies to a bicyclist if they are on a bike path. They are not legally required to stop and exchange information when involved in a collision on a trail. They cannot be prosecuted for fleeing the scene of an accident when it occurs on a bike path or trail, and law enforcement cannot pursue a search warrant when investigating the collision. This disparity in law makes it almost impossible to prosecute hit-and-run collisions on trails, and makes resolving future incidents seemingly unachievable.”

California has thousands of miles of separated bikeways and trails, and current state policies encourage and fund their continued development. In fact, the 2017 State Bicycle and Pedestrian Plan set a target to triple bicycling and double walking by 2020, and also to reduce bicycle and pedestrian fatalities by 10% per year. To achieve these goals, one of the recommendations in the plan is to increase local and regional networks of high-quality bicycle and pedestrian facilities, including Class I fully separated bike paths and trails. Additionally, with the passage of SB 1 (Beall), Chapter 5, Statues of 2017, funding for the state’s Active Transportation Program (ATP), which funds bikeway projects, nearly doubled. As the state continues to champion a move to more active transportation policies and programs, enforcement laws must evolve to keep pace. This bill would simply bring bikeways and trails in line with public roadways for the purposes of a hit-and-run accident.

Writing in support of the bill, the California Police Chiefs Association states, “This bill would bring parity to our current hit-and-run statutes and improve law enforcement’s ability to prosecute future incidents. In doing so, AB 1755 would allow local law enforcement to hold individuals accountable for their reckless behavior.”

REGISTERED SUPPORT / OPPOSITION:

Support

California Police Chiefs Association

Opposition

None on file

Analysis Prepared by: Melissa White / TRANS. / (916) 319-2093