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  • Writer's pictureDavid Bass

New Law for Drivers in California Means Drivers Have to Move Over For Cyclists

Updated: Jan 2, 2023

"Three Feet for Safety Act"

The new law comes into effect January 1, 2023. Any driver that is "overtaking and passing a bicycle that is proceeding in the same direction" on a roadway must do so at a distance of no less than "three feet between any part of the motor vehicle and any part of the bicycle or its operator." The law specifies that if another lane of traffic proceeding in the same direction is available, then the driver must make a lane change into another available lane with due regard for safety and traffic conditions, if practicable and not prohibited by law.


If it is not practicable to move into the other lane, the law requires the driver to "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." A violation of Vehicle Code 21760 is $35 dollars unless there is a collision with the bicyclist, which raises the infraction to $220. Of course, the real problem will be violating a statute that results in personal injury - which in lawyer speak is generally "negligence per se."


Bottom Line: If you can move over when passing a bicyclist, you should. This law will likely present drivers with some interesting choices.



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