BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 2233
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Maze
VERSION: 2/20/08
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: June 17, 2008
SUBJECT:
Driving with animals
DESCRIPTION:
This bill makes it unlawful for a person to drive a motor
vehicle while holding a live animal in his or her arm or arms or
lap.
ANALYSIS:
Existing law includes a number of provisions regarding
obstructed view, distracted driving, and properly restraining
children and animals to ensure their safety.
Existing law prohibits a person from driving a vehicle when it
is loaded in a manner that obstructs the view of the driver to
the front or sides of the vehicle or that interferes with the
driver's control over the vehicle.
Drivers age 18 years and older will be prohibited, beginning
July 1, 2008, from operating a motor vehicle while using a
wireless telephone unless that telephone is used in a
hands-free manner, and drivers under the age of 18 will be
prohibited from using any mobile service device while
operating a vehicle.
To provide additional protection to small children, drivers
may not transport a child who is under six years of age or who
weighs less than 60 pounds in a motor vehicle without properly
securing the child in a rear seat in a child passenger
restraint system meeting applicable federal standards.
AB 2233 (MAZE) Page 2
To prevent animals that are being transported in the back of a
truck from being thrown, falling, or jumping from the vehicle,
existing law prohibits a person from transporting any animal
in the back of the vehicle in a space intended for any load
unless the space is enclosed, has side and tail racks at least
46 inches high, the animal is cross tethered to the vehicle,
or the animal is protected by a secured container, cage, or
other apparatus in a manner that will prevent the animal from
being discharged from the vehicle.
This bill makes it unlawful for a person to drive a motor
vehicle while holding a live animal in his or her arm or arms,
or upon his or her lap.
COMMENTS:
1.Purpose . This bill is about safety. The author asserts that
it is an extremely dangerous proposition to operate a vehicle
while holding a live animal, and it can be extremely hazardous
for other drivers on the road as well. Current law does not
address this issue.
2.Why is this bill needed ? What is the public safety issue
this bill seeks to address? While some drivers may drive with
animals in their laps, it is unclear the extent to which these
animals distract drivers or contribute to collisions. The
California Highway Patrol maintains data relating to ten
causes of driver distraction, noting at the scene of an
accident whether inattention was a factor and, if so, the
cause. Aside from "other," the causes of distraction most
frequently cited by law enforcement from 2001 through 2007 are
cell phone usage and operating the radio or CD player.
"Animal" is consistently ranked ninth out of ten causes of
driver distraction.
From 2002 through 2007, there were just 755 collisions, three
of which involved a fatality, where an associated factor was
listed as "animal." Because the data do not indicate where in
the vehicle the animal was located or what it was doing, these
data likely reflect a larger number of situations than this
bill addresses.
Moreover, existing law allows law enforcement to stop a driver
for a variety of unsafe driving behaviors, regardless of the
cause for the driver's behavior. Unsafe speed, reckless
AB 2233 (MAZE) Page 3
driving, and crossing a double yellow line are examples of
unsafe driving for which law enforcement may stop and cite a
driver. Given the low probability that driving with an animal
in the driver's lap will lead to a collision, what would be
achieved by an officer stopping a driver who is otherwise
safely operating the vehicle in accordance with the law?
3.Achieve the author's objective ? The intent of the bill
appears to be to prevent or reduce one type of driver
distraction: animals sitting on drivers' laps.
Animal-related distractions, however, could come from animal
behaviors other than sitting on the driver's lap. Examples
include an animal roaming back and forth between the front and
back seats or cowering on the floor amongst the gas and brake
pedals. Furthermore, animals sitting on one's lap may be
calmer and thus less distracting than those engaged in other
behaviors that would continue to be permitted under this bill.
The bill is unlikely to achieve the author's objective given
its narrow scope.
Assembly Votes:
Floor: 44-20
Appr: 11-5
Trans: 9-1
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 11, 2008)
SUPPORT: American Pet Products Manufacturers Association,
Inc.
Eagle Forum of Sacramento
PetPAC
State Humane Association of California
2 individuals
OPPOSED: 4 individuals