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Good Carma : Bias Criticism Spurs Hayden to Cut Age References in Driving Test Bill

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SPECIAL TO THE TIMES

The senior-driver bill introduced by state Sen. Tom Hayden (D-Los Angeles), which proposed to make driving tests mandatory for Californians age 75 and older, sparked so much debate about discrimination that Hayden recently removed all references to age.

As amended, the bill now leaves open the possibility of testing groups of drivers deemed to be at high accident risk, regardless of their age. Several other proposals working their way through the Legislature could affect California motorists too. Here is the latest on the Hayden bill and three others:

Senior Drivers. Senate Bill 335 proposed much more than making behind-the-wheel tests mandatory for drivers older than 75, but that was the provision that got most of the attention. Proponents saw the tests as a way to reduce accident risk; opponents saw them as discriminatory because their use would have been based solely on age without regard to health status.

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In August, Hayden removed all references to age from the bill, so that the measure would instead require tests of any driver deemed to be at risk for causing accidents. The amended measure passed the committee on a 10-6 vote and is now before the Assembly Appropriations Committee.

“I think the amendment captures the spirit of what we are trying to do,” says Rocky Rushing, a Hayden spokesman. The bill now stipulates that the Department of Motor Vehicles would be required to give road tests to drivers that family members, doctors or law enforcement officers have reported as unsafe.

The American Assn. of Retired Persons, which had adamantly opposed the measure when it contained the age-related testing requirements, “is now supporting the Hayden bill,” says Patrick Luby, a Sacramento legislative representative for the AARP. “Like everyone else,” Luby says, “we’re for road safety. What we ask for is age neutrality. In this case, Hayden was singling out older people.”

(Currently, AARP says, only one state, Illinois, singles out elderly drivers for road tests. All drivers 75 and older must pass such tests to renew their licenses; drivers 80 and older must apply for renewals more frequently than younger drivers.)

Accident Scene. SB 681, dubbed the “Steer It Clear” bill, would allow motorists involved in non-injury accidents to pull off the main lanes of the highway to a safe location nearby before law enforcement arrives, in order to exchange insurance information and other details. Motorists would be able to move their vehicles if they can do so without creating a traffic hazard or causing injury to anyone.

The bill, introduced by state Sen. Jackie Speier (D-Daly City), aims to reduce highway congestion and air pollution caused by traffic backups related to accidents. Under existing law, drivers involved in accidents resulting in damage to property, including vehicles, must leave their vehicles at the scene until law enforcement arrives.

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SB 681 has passed the Assembly and the Senate and will be sent to Gov. Gray Davis’ office.

Car Seats. Another bill introduced by Speier, SB 567, would ban the sale of secondhand child car seats.

It is one of two measures introduced this year that aim to raise awareness of the hidden hazards of used car seats. Safety advocates and manufacturers note that even minor accidents can undermine the continuing effectiveness of car seats and that in general, seats can weaken over time and lose their structural integrity.

The first bill, which Gov. Davis recently signed into law, compels insurance companies to pay to replace children’s safety seats after any accident, even if the seat shows no sign of damage. The measure, the first of its kind in the nation, will affect about 3,500 seats a year in California.

SB 567 passed the Assembly on Tuesday and has been sent back to the Senate for final approval.

Yield to Buses. Assembly Bill 1218, sponsored by Assemblyman Fred Keeley (D-Boulder Creek), would require drivers to yield the right of way to a public transit bus if it has exited entirely from an active traffic lane to load or unload passengers at a designated bus stop and is then trying to reenter the lane it left.

The bill aims to reduce accidents involving cars and buses and to improve the efficiency of public transportation by bus.

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Under the bill, which would set up a pilot program in four locales, including Orange County, the bus must flash a directional signal to indicate its intent and must be equipped with a yield right-of-way sign on its left rear. A failure to yield would be an infraction, and violators would be fined, probably about $100, a spokesman for Keeley’s office said.

The bill has passed the Senate and the Assembly and is awaiting the governor’s decision.

Good Carma is a guide to automotive-related health and consumer issues. Kathleen Doheny can be reached at kdoheny@compuserve.com.

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