BILL ANALYSIS Ó
AB 902
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Date of Hearing: April 20, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 902
(Bloom) - As Amended March 26, 2015
SUBJECT: Traffic violations: diversion programs
SUMMARY: Removes the age limitation on the use of locally
adopted diversion programs for Vehicle Code infractions not
involving a motor vehicle, allowing such programs to be offered
to adults.
EXISTING LAW:
1)Prohibits a local authority from allowing a person who is
alleged to have committed a traffic offense to participate in
a driver awareness or education program or any other diversion
program as an alternative to the procedure required to be
followed under the Vehicle Code for alleged violations of the
Vehicle Code.
2)Exempts from the above prohibition diversion programs for
minors who commit infractions not involving a motor vehicle
and for which no fee is charged.
3)Specifies the penalties for violations of the Vehicle Code or
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an ordinance or resolution adopted under the Vehicle Code,
including the imposition of fines, fees, and forfeitures, and
imprisonment.
FISCAL EFFECT: None
COMMENTS: Under current law, local authorities can establish
diversion programs for minors who are charged with moving
violations not involving a motor vehicle (e.g., running a stop
sign on a bicycle). These programs typically involve waiving or
reducing the applicable fine and instead providing education to
violators on bicycle and traffic laws, as well as best practices
for safe bicycling. Many local governments and police
departments have expressed interest over the years in
establishing diversion programs for all bicyclists, regardless
of age, only to find that current law stands in the way.
This bill would remove the limitation that these diversion
programs only be used for minors. According to the author,
"Ticketed cyclists should be allowed to attend a 'bicycle
traffic school' class and have their fine reduced, which would
turn a purely monetary penalty into a valuable educational
opportunity, especially for people who would be unlikely to
attend a bicycle safety class on their own volition. These
programs would also enable bicycling advocates and educators to
work directly with local police departments to help clear up
common misconceptions about bicycle law and provide guidance on
what types of violations should be targeted to have the biggest
positive impact on safety."
A recent report from the Governor's Highway Safety Association
(GHSA) on bicycle safety found that bicyclist fatalities
increased 16% nationwide between 2010 and 2012. California had
the highest number of fatalities of any state during that time
period at 338. The report additionally noted that in the past
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37 years, adult bicycle fatalities have increased from 21% of
the total number of fatalities to 84%. Among other
recommendations for reducing bicyclist/motor vehicle collisions
and the resulting injuries and fatalities, the report recommends
"education of bicyclists and motorists about lawful and
otherwise appropriate behavior regarding motorist/bicycle
interactions." Diversion programs would provide an opportunity
for this type of education.
REGISTERED SUPPORT / OPPOSITION:
Support
California Bicycle Coalition (Sponsor)
California Police Chiefs Association
Opposition
None on file
Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093
AB 902
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