BILL ANALYSIS �
AB 2398
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Date of Hearing: April 21, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2398 (Levine) - As Amended: April 9, 2014
SUBJECT : Vehicles: pedestrians and bicyclists
SUMMARY : Establishes penalties for a driver convicted of
causing bodily injury or great bodily injury to a vulnerable
road user. Specifically, this bill :
1)Provides that a driver who violates any statutory rule of the
road that is punishable as an infraction and, as a result of
that violation, proximately causes bodily injury or great
bodily injury to a vulnerable road user, is guilty of the
public offense of unsafe operation of a motor vehicle with
bodily injury or great bodily injury, to be punishable as an
infraction.
2)Establishes the fine for a violation of the above at not less
than $220 and not more than $1000.
3)Gives a value of one violation point for a conviction of a
violation of the above.
4)Requires the Department of Motor Vehicles (DMV) to suspend for
six months the driver's license of anyone convicted of a
second violation of the above within a three-year period.
5)Defines "vulnerable road user" to mean a pedestrian, including
a highway construction and maintenance worker; a person on
horseback; a person operating equipment other than a motor
vehicle, including, but not limited to, a bicycle, in-line
skates, roller skates, a scooter, or a skateboard; and a
person operating or using a farm tractor.
EXISTING LAW :
1)Provides that a driver who violates any statutory rule of the
road that is punishable as an infraction and causes bodily
injury or great bodily injury to another person is guilty of
the public offense of unsafe operation of a motor vehicle with
bodily injury or great bodily injury, to be punishable as an
infraction.
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2)Sets the fine for a conviction of a violation of the above
infraction at $70 for a violation involving bodily injury and
$95 for a violation involving great bodily injury.
3)Defines "great bodily injury" as a significant or substantial
physical injury.
4)Requires a driver to pass a bicycle at a distance of at least
three feet between the vehicle and the bicycle, or, if unable
to provide the three feet of passing distance, to slow to a
reasonable and prudent speed and to pass only when doing so
will not endanger the bicyclist's safety.
5)Provides that a violation of the three-foot passing rule
constitutes an infraction punishable by a $35 base fine, and
that a violation that results in a collision is punishable by
a $220 base fine.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, pedestrians and bicyclists
are at greater risk than vehicle occupants and usually bear the
greatest burden of injury on the road. California also has a
far greater rate of pedestrian fatalities than the rest of the
country. The author cites information from the California
Department of Public Health, which states on its website that
approximately 19% of traffic fatalities in California are
pedestrian related, a rate approximately 58% more than the
national average. The author additionally cites the most
recently available data from the California Office of Traffic
Safety (OTS), which found that motorist fatalities declined
between 2010 and 2011 but pedestrian and bicycle fatalities
increased by 4% and 13.2%, respectively.
Under current law, the base fine for a violation of any
statutory rule of the road that is punishable as an infraction
(e.g., failure to yield the right of way to a pedestrian at an
intersection) that causes bodily injury or gross bodily injury
to another person is $70 or $95, respectively. By way of
comparison, the base fine for littering is $100 and the base
fine for a first violation of unauthorized parking in a disabled
spot is $250. (Assessments and fees make the actual punishment
for all of these offenses significantly higher than the base
fine amount.) In theory, fines should be set at a rate
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commensurate with the infraction. The author believes that the
base fine for causing injury to a pedestrian, bicyclist, or
other vulnerable road user is too low both in comparison to
other fines and given the nature of the offense.
AB 2398 establishes a base fine of between $220 and $1000 for a
driver who violates the rules of the road and injures a
vulnerable road user. Vulnerable road users include
pedestrians, highway maintenance workers, bicyclists, someone
driving a tractor, skateboarders-essentially anyone not in a car
or truck. In addition to the fine, convicted drivers would get a
point on their driver's license and, if convicted twice within
three years, a six-month license suspension.
The author's intent with this bill is to make a statement that
driver's need to exercise greater caution while sharing the
roadway with vulnerable road users. By raising fines and adding
penalties related to driving privileges, the author hopes to
encourage drivers to be more attentive and respectful of the
shared roadway, resulting in a safer environment for all road
users.
Arguments in support : Writing in support, the Safe Routes to
School National Partnership states: "Rates of walking and
bicycling have doubled in California since 2000, currently
representing 18% of all trips. However, the safety risks to
pedestrians and bicyclists remain high. 22.7% of fatalities and
serious injuries from traffic collisions are inflicted on
pedestrians and bicyclists. Children walk and bike to school in
California at twice the national average, and are even more
vulnerable to traffic and personal safety risks on our streets.
AB 2398 will raise driver awareness about the potential risks of
reckless driving to vulnerable road users and discourage unsafe
behavior with higher fines and a penalty to the motorist's
driving record."
Arguments in opposition : Writing in opposition, the National
Motorist Association argues that while well-intended, AB 2398 is
unlikely to have an effect on road safety because studies have
shown that enhanced penalties have little impact on driver
behavior and therefore on accident rates. They also argue that
those who share the road have an equal responsibility to follow
the same traffic regulations and therefore have equal
responsibility for the safety of fellow road users. Thus, they
argue, penalties for causing injury should be based on the
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degree of injury and not on whether the parties to the accident
were behind the wheel, pedaling, or walking.
Prior legislation : AB 1371 (Bradford), Chapter 331, Statutes of
2013, requires a driver to pass a bicycle at a distance of at
least three feet between the vehicle and the bicycle, or, if
unable to provide the three feet of passing distance, to slow to
a reasonable and prudent speed and to pass only when doing so
will not endanger the bicyclist's safety. That bill established
a $35 base fine for a violation of the three-foot passing rule
and a $220 base fine for a violation that results in a
collision.
AB 1951 (Ammiano) of 2010, would have made it a misdemeanor to
cause an injury to a pedestrian or bicyclist due to grossly
negligent driving. That bill was never heard in a policy
committee, but the Assembly Transportation Committee analysis
recommended that a simpler approach would be to raise fines for
drivers who injure vulnerable road users as a result of failing
to follow the rules of the road.
REGISTERED SUPPORT / OPPOSITION :
Support
California Bicycle Coalition (support)
BIKEable Communities
California Electric Bicycle Association
California Walks
City and County of San Francisco
Marin County Bicycle Coalition
Safe Routes to School National Partnership
San Francisco Municipal Transportation Agency
Sonoma County Bicycle Coalition
Transportation Authority of Marin
Opposition
National Motorist Association
Safer Streets L.A.
Analysis Prepared by : Anya Lawler / TRANS. / (916) 319-2093
AB 2398
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