BILL ANALYSIS �
AB 2398
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CONCURRENCE IN SENATE AMENDMENTS
AB 2398 (Levine)
As Amended August 19, 2014
Majority vote
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|ASSEMBLY: |72-2 |(May 28, 2014) |SENATE: |28-3 |(August 21, |
| | | | | |2014) |
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Original Committee Reference: TRANS.
SUMMARY : Establishes, through the end of 2020, penalties for a
driver convicted of causing bodily injury or great bodily injury
to a vulnerable road user. Specifically, this bill :
1)Establishes a base fine of $220 to $300 for a driver convicted
of violating any statutory rule of the road that is punishable
as an infraction and, as a result of that violation,
proximately causing bodily injury or great bodily injury to a
vulnerable road user.
2)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; a person
operating or using a farm tractor; a person on an electric
personal assistive mobility device; and a person in a
wheelchair.
The Senate amendments :
1)Decrease the maximum fine from $1000 to $300.
2)Include a person on an electric personal assistive mobility
device and a person in a wheelchair to the definition of
"vulnerable road user."
3)Delete language giving a value of one violation point for a
conviction of a causing bodily injury or great bodily injury
to a vulnerable road user.
4)Add a sunset date of December 31, 2020.
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FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Minor one-time implementation costs to the Department of Motor
Vehicles.
2)Unknown penalty revenue gains.
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 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, 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 $220 to $300 for a driver
who violates a rule of the road and injures a vulnerable road
user. Vulnerable road users include pedestrians, highway
maintenance workers, bicyclists, someone driving a tractor,
horse riders, skateboarders, and people in wheelchairs. This
bill includes a 2020 sunset date.
The author's intent with this bill is to make a statement that
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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
FN: 0005054