BILL ANALYSIS Ó
AB 902
Page 1
ASSEMBLY THIRD READING
AB
902 (Bloom and Chiu)
As Amended March 26, 2015
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
|---------------+-----+-----------------------+-----------------------|
|Transportation |15-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Campos, | |
| | |Chu, Daly, Dodd, | |
| | |Eduardo Garcia, Gomez, | |
| | |Kim, Linder, Medina, | |
| | |Melendez, O'Donnell | |
| | | | |
| | | | |
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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
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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 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
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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 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 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.
Analysis Prepared by:
Anya Lawler / TRANS. / (916) 319-2093 FN: 0000191