BILL ANALYSIS �
AB 2398
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ASSEMBLY THIRD READING
AB 2398 (Levine)
As Amended May 23, 2014
Majority vote
TRANSPORTATION 13-0 APPROPRIATIONS 16-0
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|Ayes:|Lowenthal, Linder, |Ayes:|Gatto, Bigelow, |
| |Achadjian, Ammiano, | |Bocanegra, Bradford, Ian |
| |Bloom, Bonta, Buchanan, | |Calderon, Campos, Eggman, |
| |Daly, Frazier, Gatto, | |Gomez, Holden, Jones, |
| |Holden, Logue, | |Linder, Pan, Quirk, |
| |Quirk-Silva | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 $1,000.
3)Gives a value of one violation point for a conviction of a
violation of the above.
4)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 :
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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.
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 : According to the Assembly Appropriations
Committee:
1)Estimated one-time programming costs of around $100,000 to add
the one violation point, add the new violation section to the
Department Motor Vehicles database table track. [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
to $4,231.
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
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country. The author cites information from the California
Department of Public Health, which states on its Web site 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
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.
This bill 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, horse riders, and skateboarders. In addition
to the fine, convicted drivers would get a point on their
driver's license.
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.
Analysis Prepared by : Anya Lawler / TRANS. / (916) 319-2093
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