Issue #8: Seekers

Legislative Victories For Bicyclists In California, Oregon And Washington In 2023

By Kent Klaudt

With a new year comes new laws taking effect, including many that affect cyclists and pedestrians. Read on to learn about California’s bike lane enforcement cameras, riding under the influence in Oregon, and more.

California

Crosswalk Daylighting: A new California law (AB 413) amended the state’s Vehicle Code to prohibit “the stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present.”

Why do cyclists care about this? The new law creates “daylighting” in the vicinity of intersections and should increase visibility for all road users, including cyclists and pedestrians, by keeping parked cars further away from crosswalks.

In San Francisco, for example, the SFMTA has supported these efforts and is currently determining how AB 413 will be implemented. Under this law, however, cities will have the option of authorizing vehicle parking within 20 feet of a crosswalk if it has either a painted curb or clear signage.

The bill’s author, Assemblymember Alex Lee, stated that, “AB 413 will save lives and make our streets safer for everyone” and noted that “California’s pedestrian fatality rate is nearly 25% higher than the national average. By increasing critical visibility of our streets, this bill will help prevent fatal accidents.”

The Federal Highway Administration has found that more than 50% of all fatal and injury crashes occur at or near intersections, so AB 413 sounds like a step in the right direction for cyclist safety.

The bill was supported by two organizations: Streets for All and the California Bicycle Coalition.

In San Francisco, 33 speed cameras will be placed at “High Injury Network” locations. Photo courtesy of Walk SF.

Speed Safety Camera Pilot Program: This new state law (AB 645) allows six of California’s largest cities to implement a five-year pilot program in high injury areas using speed cameras. In San Francisco, 33 speed cameras will be placed at “High Injury Network” locations — the streets where severe traffic crashes are disproportionately likely to happen — and the camera rollout will begin in early 2025. According to the SFMTA, speeding is the primary factor in fatal traffic collisions in San Francisco. The other cities included in this program are Los Angeles, Oakland, San Jose, Long Beach and Glendale.

The bill was authored by Assemblymember Laura Friedman and supported by Walk SF, San Francisco Bay Area Families for Safe Streets, Streets for All, Streets are for Everyone, and the Vision Zero Coalition.

Bikes and Pedestrian Walk Signals: Another bill introduced by Assemblymember Laura Friedman, AB 1909, will allow cyclists to begin crossing a street on a pedestrian walk signal. While most of this bill went into effect in 2023, this particular provision just took effect on January 1, 2024. The new law will give cyclists a three-to-seven-second head start into an intersection, which is meant to increase the visibility of cyclists on city streets. Bike riders may now begin crossing with pedestrians unless a bicycle-specific control signal is also present at the intersection.

The official comments to AB 1909 explain that: “A leading pedestrian interval (LPI) is an official traffic control signal that advances the ‘WALK’ signal for three to seven seconds while the red signal halting traffic continues to be displayed on parallel and through or turning traffic.” And one prior study of LPIs found that they decreased injuries to cyclists by more than 26%.

Several studies in the past few years on the impact of LPIs have been conducted by the Federal Highway Administration and New York City and have found significant evidence for increased safety for pedestrians and cyclists from the use of LPIs.

The Omnibus Bicycle Bill, of which this provision is one part, was supported by the Los Angeles County Bicycle Coalition, Move LA, A Project for Community Partners, the Sierra Club, and Streets for All.

Cyclists in California can begin crossing the street on a pedestrian walk signal.

Bike Lane Enforcement Cameras: This new state law allows cameras to be installed on city-owned “parking enforcement vehicles for the purpose of video imaging of parking violations occurring in bicycle lanes.” The law will be in effect until at least 2030.

In San Francisco, the SFMTA notes that this law “gives the agency another tool to support the safety of bicyclists by expanding our capacity to enforce regulations against cars blocking bike lanes” and has announced that it will be conducting a technology review prior to any decision by the city to actually install such cameras.

The new law (AB 361) was introduced by Assemblymember Christopher Ward (D-San Diego).

Oregon

New No Passing Zone Law: On January 1, 2024, SB 895 became law in Oregon. The bill was introduced by Sen. Floyd Prozanski and Rep. Tom Andersen and passed without any opposition. The new law amends Oregon’s no-passing zone statute to allow vehicles to pass “obstructions” in the roadway, including “a person who is riding a bicycle or operating another type of vehicle and who is traveling at a speed of less than one-half of the speed limit.” While passing such a person, the passing vehicle must drive “at a speed that is at least five miles per hour under the speed limit.”

DUIs and Cyclists: Another new Oregon law, HB 2316, expands the offense of driving while under the influence of intoxicants to include any substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely. Both cannabis and psilocybin are specifically mentioned in the statute, but the law is not limited to any particular type of intoxicant. The new law, however, reduces to some extent the penalties for cyclists convicted of riding while under the influence, including decreasing the maximum number of community service hours in sentencing. Electric-assisted bikes are not defined as “bicycles” under the new law.

Washington

While the State of Washington did not see as much legislative action in 2023 directly impacting cyclists’ rights, the advocacy group Washington Bikes recently announced its 2024 legislative priorities, which include: Traffic Safety: Urging the legislature to find solutions to rising traffic injuries and fatalities; Safe Places to Bike and Walk: Working to make sure the legislature uses funds from 2022’s Move Ahead Washington transportation law to build more safe walking and cycling places; Climate Future: Opposing an effort to kill the state’s 2021 Climate Commitment Act, which included millions of dollars for clean transportation.

Washington state passed a new law for e-bike rebates.

E-Bike Rebates: The legislature passed a law in 2023 that will spend up to $7 million for e-bike rebates and create e-bike lending libraries. Rebates ranging from $300 to $1,200 (depending on income) will be available at the point of sale. Washington Bikes reports that these incentives were one of their big policy priorities last year. Studies in both Europe and the United States have already demonstrated the carbon-cutting potential of e-bikes, which are gradually reducing the number of fossil fuel-powered automobile trips each year.