BILL ANALYSIS
AB 2233
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2233 (Maze)
As Amended July 7, 2008
Majority vote
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|ASSEMBLY: |44-20|(May 5, 2008) |SENATE: |21-17|(August 20, |
| | | | | |2008) |
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Original Committee Reference: TRANS.
SUMMARY : Prohibits a person from driving a motor vehicle while
holding a live animal in their arms or lap.
The Senate amendments :
1)Specify that provisions of this bill will become operative on
and after July 1, 2009.
2)Revise recommended code section for reasons of clarity.
EXISTING LAW :
1)Prohibits a person from driving a vehicle when it is loaded as
to obstruct the view of the driver to the front or sides of
the vehicle or as to interfere with the driver's control over
the driving mechanism of the vehicle.
2)Prohibits a person from driving any motor vehicle with any
object or material placed, displayed, installed, affixed, or
applied on the windshield or side or rear windows.
3)Prohibits a person driving a motor vehicle on a highway from
transporting any animal in the back of that vehicle in a space
intended for any load, unless the space is enclosed or has a
side or tail racks at a height of at least 46 inches extending
vertically from the floor. This is required to prevent the
animal from being discharged. The animal can be cross
tethered to the vehicle or protected by a secured container or
cage in a manner that will prevent the animal from being
thrown, falling, or jumping from the vehicle.
4)Provides that a person, who carries in a vehicle any domestic
AB 2233
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animal in a cruel and inhumane manner or knowingly and
willfully authorizes it to be subjected to unnecessary
torture, suffering, or cruelty of any kind, is guilty of a
misdemeanor.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Despite the fact that
current law prohibits a person from driving a vehicle when it is
loaded in a way as to obstruct the view of the driver, it is
silent on the specifics of driving with a pet." The author adds
that often times "A pet can climb on the driver's lap and
interfere with driving or fall down by the gas or brake pedals,
causing an accident."
Although official statistics specifying an animal's involvement
as a contributing factor to driver distraction is unknown,
numerous studies have attempted to highlight the issue. A
recent American Automobile Association study ranked pets and
loose objects as the third worst in-car distraction, worse than
cell phone usage, eating, and drinking.
According to information by the Department of Motor Vehicles
(DMV), "One out of four accidents," or about 4,300 accidents a
day, are caused by driver distraction. DMV literature further
cautions against traveling with an animal and suggests that
"pets can be unpredictable and should be properly secured in a
pet carrier or a portable kennel before moving your vehicle."
Aside from the driver distraction that an unrestrained pet can
cause as it roams throughout the car, it can also become a
deadly projectile in the event of a sudden stop or crash. For
example, an unsecured, 25-pound dog in a 40 miles per hour crash
becomes a 1,000-pound mass flying object inside the vehicle that
could produce serious injury or death to vehicle passengers.
With 69.1 million households in the United States owning a pet
and 84% of those families traveling with their pet in their
automobiles, the author suggests that the message is clear,
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"people who fail to secure their pet safely in cars not only
jeopardize the animal's life, but also their own and other
people's."
Although this bill prohibits a person from driving a motor
vehicle while holding a live animal in their arms or lap, it
does not prescribe how an animal is to be restrained and allows
owner discretion to determine how to do so.
Currently, most pet stores carry vehicle restraining devices
that consist of a harness worn around the shoulders and chest of
an animal. Often times a restraint system has a simple hook and
release that slips onto a car seat belt for ease of use. Most
restraint systems can be purchased for under $25.
Proponents such as PetPAC contend that for "The safety of the
dog and driver, dogs need to be secured somewhere else in the
vehicle other than the driver's lap."
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093
FN: 0006363