To Veto or Not to Veto?

Not too long ago, Governor Jerry Brown aided making California a safer biking and walking community by passing the Three Feet for Safety Act, effective since September 16, 2014, which requires drivers to give at least three feet’s space in between any part of the motor vehicle and any part of the bicycle or its operator when overtaking or passing a bicycle. The approval of this bill was a significant accomplishment to the growing bike-safety movement that persistently promoted street safety through campaigns such as “Be Nice, Look Twice” and “Vision Zero,” which encourage bicyclists and pedestrians to take matter into their own hands and take extra caution when sharing the street with motor vehicles. However, despite Governor Brown’s approval of AB 1371, three other bills that purported to improve road safety have recently been vetoed:

SB 1151: This bill would add Section 42011 to the Vehicle Code, which would “require that an additional fine of $35 be imposed if the violation occurred when passing a school building or school grounds, as specified, and the highway is posted with a standard “SCHOOL” warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone. In addition, this bill would require “that these additional fines be deposited in the State Transportation Fund for purposes of funding school zone safety projects within the Active Transportation Program.

Governor’s Veto Message:

“Increasing traffic fines as the method to pay transportation fund activities is a regressive increase that affects poor people disproportionately. Making safety improvements in school zones is obviously important, but not by increasing traffic fines.”

(http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml)

AB 2337: This bill would prohibit the department from reinstating a person’s privilege to drive a motor vehicle until the expiration of 2 years after the date of revocation and until that person gives proof of financial responsibility, when that person is the driver of a vehicle involved in an accident resulting in death or permanent, serious injury to another person, and the department receives a duly certified abstract of the record of a court showing that the person has been convicted of failing to fulfill the requirements described above.

Governor’s Veto Message:

“While I consider hit-and-run collisions to be very significant events, current penalties seem to be at appropriate levels.”

(http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2337)

AB 1532: This bill would provide that a driver of a vehicle involved in an accident where a person is struck shall immediately stop the vehicle at the scene of the accident and provide specified information including, but not limited to, his or her name and current residence address. A violation of these provisions would be either an infraction, punishable by a fine not exceeding $250, or a misdemeanor, punishable by imprisonment in the county jail for 6 months, or by a fine not exceeding $1,000, or by both, and the Department of Motor Vehicles would be required to immediately suspend the driver’s license of a convicted driver for 6 months.

Governor’s Veto Message:

“California has a very extensive set of criminal laws and penalties. This measure would create a new crime that includes a fine and penalty assessments up to $4,231 and possible jail time of six months. I don’t find sufficient justification for creating a new crime when no injury to person or property occurred. I think current law is adequate.”

(http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1532)

If you ever need a bicycle accident attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.