California’s Three Feet for Safety Act requires drivers to only pass cyclists when there’s three feet or more of space to do so. If there isn’t, they should not pass.
Keeping Cyclists Safe When They Are Using Traffic Lanes
Going into effect in 2023, the Three Feet for Safety Act gives cyclists who must travel alongside cars extra protection. The act forces drivers to stay put and refrain from passing cyclists on the road unless there is at least three feet of space to do so.
Drivers should slow down when approaching a cyclist and be ready to remain behind the cyclist unless there’s room to pass or if a left lane is available.
When deciding if it’s safe to pass a rider or not, drivers must also consider other factors:
- The size of their vehicles
- Traffic conditions
- Weather
- Visibility
- The Width of the Highway
The California Vehicle Code (CVC) for the Act goes into further detail:
“(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.”
For more information, cyclists and motorists can visit our page explaining when riders should use bike lanes and when they should ride along with traffic.
Fines for Violating the Three Feet For Safety Act
California drivers who ignore the Three Feet for Safety Act put riders in harm’s way and also risk substantial fines.
Additional text in CVC 21760 goes into the punishment drivers can receive for ignoring the Three Feet for Safety Act:
“(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.”
It’s important to note that these fines don’t include the court fees violators will have to pay. This can boost the cost of a citation by several hundred dollars.
Contact a California Bicycle Accident Lawyer
California drivers can be ignorant of the law or just careless and put a cyclist at risk of a dangerous collision.
After a bicycle accident involving a serious injury, you should talk over your case and your options with a California Bicycle Accident Lawyer at Maison Law. If your crash was caused by a reckless driver, you should never face your recovery costs alone.
Schedule a free, no-obligation consultation with one of our skilled attorneys. It’s a chance to determine how much an at-fault driver should be providing to you. And if you need our help to earn more for your claim, you won’t need any upfront money. Maison Law doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement a car insurance company must provide.
