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Old 04-05-2013, 02:43 PM   #3
SF_Hooligan OP
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Joined: Mar 2012
Location: Oakland, CA
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Update on AB236. The bill went to the Transportation Committee late last week, which is chaired by Assemblyman Richard Carrillo, one of the co-sponsors of the bill. Writeup and video here. Gnarly quote from one of the opposing legislators, Assemblywoman Carlton: "I’m picturing a scenario, I’m on the highway, we’re going down… 25 miles an hour, I’ve got a kid in the back seat. They roll the window down, they stick their arm out, my kid ends up with a broken arm, the motorcyclist’s guts end up all over the back of my car. Uhm… it just doesn’t seem to me to make a lot of sense. I’m sorry, it doesn’t. It just seems like a very dangerous thing to be doing."

Anyone ever here of this actually happening? I've been splitting for a long time and I don't know of any cases of broken arms by passing motorcycle. Spooked smokers, maybe.

Another disturbing bit: they're talking about adding a something to the bill that would make accidents that occur during splitting the fault of the motorcyclist by default. No details on this yet, and not sure it would actually fly, but Assemblyman Daly said "…on the liability side, talking with people in law enforcement is that if there was an accident, and the lane splitting, that they would cite the motorcyclist anyway, say it was his fault. So we was just looking at it a little more in the… trying to give people a little more peace of mind to say that, if a person decides to do the lane splitting, you do so at your own risk. So we just want to make it clear that, you know, we’re not trying to put anybody on the hook, or get the regular people in their cars to have additional liability ’cause someone else… you know, did something else."

So if that's added and this bill is passed and you’re splitting lanes legally – cautiously and prudently as required by the new law – and a driver hits you, it’s your fault because we can’t have “regular people” (which apparently doesn’t include motorcyclists) being “on the hook” to be aware of their surroundings and check their mirrors to avoid “additional liability” if they hit a rider who’s doing “something else.” Something else being lane splitting, which would be legal. Isn’t not hitting other drivers something all drivers are already on the hook for? No bueno.

Anyway, check out the video and presentations from the meeting here.
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