BILL ANALYSIS �
AB 2398
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2398 (Levine) - As Amended: April 9, 2014
Policy Committee:
TransportationVote:13-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill establishes the following penalties for a driver
convicted of causing bodily injury or great bodily injury to a
"vulnerable road user," defined as a pedestrian, a person on
horseback, a person operating a bicycle, in-line skates, roller
skates, a scooter, or a skateboard, and a person operating or
using a farm tractor:
1)A fine of not less than $220 or more than $1,000.
2)A value of one violation point.
3)Stipulates that, following conviction of a second violation
within a three-year period, a driver's license will be
suspended for six months or restricted for six months to
necessary travel to and from the person's place of employment.
FISCAL EFFECT
1)Estimated one-time programming costs of $200,000 to add the
one violation point, add the new violation section to the DMV
database table track, impose a suspension of the driving
privilege, and allow for a restricted driver license. (The DMV
notes that the bill lacks and implementation period to
complete the programming.) [Motor Vehicle Account]
2)Non-reimbursable costs to local agencies for enforcement,
offset to some extent by increased fine revenue. Adding in
current penalties and assessments, a base fine of $220 to
$1,000 will result in a total cost to the violator of $1,033
AB 2398
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to $4,231.
COMMENTS
1)Background and Purpose . Under current law, the base fine for a
violation of any statutory rule of the road punishable as an
infraction, such as failure to yield the right of way to a
pedestrian at an intersection causing bodily injury or gross
bodily injury to another person, is $70 or $95, respectively.
As a 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.)
Fines should be generally be set at a rate commensurate with
the infraction. The author believes 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. The author's intent is to make a
statement that driver's need to exercise greater caution while
sharing the roadway with vulnerable road users.
2)Prior Legislation . AB 1371 (Bradford)/ Statutes of 2013,
requires a driver to pass a bicycle at a distance of at least
three feet between the vehicle and the bicycle, and
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.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081