HomeMy WebLinkAboutMINUTES - 09101991 - 1.66 TO: BOARD OF SUPERVISORS Contra
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FROM: Phil Batchelor, County Administrator Costa
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September 3, 1991 o.
DATE: o srA�couN`�
SUBJECT: LEGISLATION: AB 338 (BROWN)
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in support of Assembly Bill 338 by Assemblyman
and Assembly Speaker . Willie Brown which would require that each
1994 and later model vehicle sold in California be equipped with
an antilock braking system on all wheels and which would make
safety seat belt use subject to primary rather than secondary
enforcement.
BACKGROUND:
Under existing law, motor vehicles are generally required to be
equipped with service brakes on all wheels. In addition, under
existing law, while the driver and passengers are required to
wear a seat belt at all times, the law prohibits a peace officer
from making a stop or arrest for a safety belt violation unless
the officer has other cause to make a stop or arrest.
The Speaker has introduced AB 338, which, as amended April 25,
1991, would do all of the following:
1. Requires each 1994 or later model-year private passenger
motor vehicle offered for original sale in California to be
equipped with an antilock brake system on all wheels. A
manufacturer who sells or delivers a vehicle not in
compliance with this requirement could be 'fined $500 for
each such non-complying vehicle which is sold or delivered.
CONTINUED ON ATTACHMEPNPS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATURE(S): ,
ACTION OF BOARD ON September 1 ► 1991 APPROVED AS RECOMMENDED ek— OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS N THE DATE SHOWN.
CC:
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Please see Page 2.
PHIL BATCHELOR,CLERK OF THE BOARD OF
" SUPERVISORS AND COUNTY ADMINISTRATOR
,
M382 (10/88) BY DEPUTY
2. Repeals the prohibition on -stopping a vehicle solely for a
safety belt .violation, thus allow' a peace officer to stop a
vehicle solely for a safety belt violation.
The Health Services _ Director has recommended that the Board of
Supervisors indicate its support for .AB 338. As is indicated in
the attached 'memorandum from the Health Services Director, seat
belts have already been shown to save lives. Allowing primary
enforcement ' of seat belt requirements should assist in saving
even more lives. Use of antilock brake systems indicates that
such systems reduce skidding and thereby reduce accident and the
attendant costs to the public medical system for trauma care and
emergency medical system costs.
This office concurs that the Board of Supervisors should be urged
to indicate its support for AB 338.
AB 338 passed the Assembly on June 4, 1991 by a vote of 42: 30.
The bill failed passage in the Senate Transportation Committee on
July 18, 1991, by a vote of 2: 6 (Senator. Boatwright voted "no" on
passage of the bill) . However, some members of the Committee
were -not present and reconsideration of the bill was granted,
meaning that the bill can be taken up at a later date, with or
without further amendments.
cc: County Administrator
Health Services Director
Wendel Brunner, M.D. , Public Health Director
Assemblyman Willie L. Brown
Speaker of the Assembly
Room 219, State Capitol
Sacramento, CA 95814
Les Spahnn, SRJ. Jackson, Barish & Associates