Motorists who cause bodily injury when they violate the right-of-way will pay a mandatory extra fine in California beginning next year.
While the new law has the good intention of helping to protect vulnerable cyclists, pedestrians and motorcyclists, it carries only a $70 fine for violations causing bodily injury and $95 for violations causing great bodily injury.
Let's compare: California motorists who litter face a mandatory fine of not less than $100 and not more than $1,000 for the first conviction.
ABATE of California, a motorcyclist lobbying association that pushed for the new law, heralded the bill at its website. “Although this bill is not what we had originally hoped for, it is still an important bill as it builds our momentum for future bill sponsorships.”
The original SB 1021, sponsored by state Sen. Debra Bowen, D-Redondo Beach, carried fines of $150 for bodily injury and $250 for great bodily injury. It also sought two points be added to a person's driving record, a provision that was amended out.
The bill, signed Sept. 30 by Governor Schwarzenegger, also requires driving schools to inform students about respecting the right-of-way of others, especially as it pertains to bicyclists, pedestrians and motorcyclists.
An article in the Palo Alto Daily News quotes Bowen aide Evan Goldberg:
The law “creates an increasing ladder of fines for drivers who simply violate the right of way, injure someone or inflict great damage. When state and local penalty assessments are added in, the fees grow from $154 to $399 to $498 for serious injuries, including death.”
Examples of right-of-way violations include making an illegal left turn, running a stop light or sign, of unsafely passing or changing lanes. Before the new law, motorists would have been fined (about $30) for a right-of-way violation, regardless of whether anyone was injured or killed.
ABATE says California is one of 16 states that considered legislation to toughen penalties for traffic violations that kill and maim.
A history of the changing bill text and analyses is available online at California State Senate website.
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