BILL ANALYSIS SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 240 SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Wright VERSION: 3/31/09 Analysis by: Carrie Cornwell FISCAL: yes Hearing date: March 31, 2009 SUBJECT: Move over law: Department of Transportation (Caltrans) vehicles DESCRIPTION: This bill makes permanent the "move over" law, which prescribes until 2010 actions that drivers must take on a freeway when passing a stopped emergency vehicle or tow truck with its warning lights flashing. This bill also adds Caltrans' vehicles, under specified conditions, to the move over law. ANALYSIS: Existing law requires the driver of a vehicle, upon the immediate approach of an emergency vehicle that is sounding a siren and has at least one lighted lamp exhibiting red light, as specified, to yield the right-of-way and immediately drive to the right-hand edge or curb of the highway that is clear of an intersection, stop, and remain stopped until the authorized emergency vehicle has passed, except as otherwise directed by a traffic officer. SB 1610 (Simitian), Chapter 375, Statutes of 2006, which established the "move over" law, requires that until January 1, 2010 a person driving a vehicle on a freeway that is approaching a stationary emergency vehicle displaying its emergency lights or a stationary tow truck displaying its flashing amber warning lights to approach with due caution and proceed to do one of the following: (a) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle or tow truck with SB 240 (WRIGHT) Page 2 due regard for safety and traffic conditions, if practicable and not prohibited by law; or (b) If the maneuver described in (a) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions. Violation of this provision is punishable by a base fine of not more than $50. SB 1610 also provides that until January 1, 2010, a tow truck shall not display flashing amber warning lamps on a freeway except when "an unusual traffic hazard or extreme hazard exists." SB 1610 required the California Highway Patrol (CHP) to report to the Legislature by January 1, 2009 on the law's effect on the safety of emergency responders and on the motoring public. This bill : 1.Makes permanent the move over provisions of SB 1610, which prescribe until January 1, 2010 actions that drivers must take on a freeway when passing a stopped emergency vehicle or tow truck with its warning lights flashing. 2.Adds marked Caltrans' vehicles displaying flashing amber warning lights to the move over law. 3.Permits Caltrans' vehicles to display flashing amber warning lights on a freeway only when an unusual traffic hazard or extreme hazard exists. COMMENTS: 1.Purpose . Since 1924, a total of 171 Caltrans' workers have been killed while working on the state's highways. Caltrans' maintenance workers who repair potholes and remove dangerous debris from the roads are put at risk every day due to unsafe behavior by motorists. The author introduced this bill to create a safety buffer between a Caltrans' vehicle that is stopped on or beside a freeway and vehicles on that freeway. 2.Previous legislation . Last year, AB 290 (De Leon) would have applied until 2010 the move over law to drivers passing a SB 240 (WRIGHT) Page 3 marked Caltrans' vehicle stopped on a freeway with its amber warning lights flashing. The Governor vetoed that bill. His veto message in part stated: ?this bill contains a provision that would inappropriately restrict the use of amber warning lights by Caltrans workers in a manner that contradicts the department's official policy, its maintenance manual, and which if followed, could actually increase the danger to those employees by prohibiting them from using the lights in situations where doing so would be the safest course of action. In addition, this bill could significantly increase the department's exposure to tort liability by defining every instance where amber warning lights are used as, implicitly, an unusual or extreme hazard. It is troubling to me that I cannot sign this bill at this time. However, next year, the original legislation requiring motorists to move over for tow-trucks and authorized emergency vehicles is due to sunset. By January 1, 2009, the California Highway Patrol is required to prepare a report assessing the impacts of this law and recommending whether or not it should be extended. Pending this report, should the Legislature choose to seek extension of the move-over law next year, I urge that Caltrans employees be included in a manner that provides safety for the employees and the motoring public. 3.CHP Report . Earlier this year, the CHP issued its report required under SB 1610 and concluded that "there is no absolute measurement to determine what impact SB 1610 has had on increasing the safety of emergency personnel and/or the motoring public. However, despite the one-year data comparison, the new laws appear to have had a positive effect by reducing collisions and injuries involving stopped emergency vehicles and tow trucks." CHP drew this conclusion by comparing accident data for 2006, before SB 1610 took effect, and for 2007, the first year it was in effect. CHP's accident data, however, does not always differentiate between freeways and highways, nor does it record whether a vehicle's emergency lights were displayed. Finally, SB 1610 also enacted a provision, which will not sunset, that made it illegal to operate a vehicle in an unsafe SB 240 (WRIGHT) Page 4 manner within an emergency incident zone, which state law defines as an area within 500 feet and in the same direction of travel as a stopped emergency vehicle that has its emergency lights activated. CHP is unable to separate the effect of this provision from the move over law in determining the decrease in accidents. CHP reports issuing 106 citations over two years for violations of the move over law. This is a very low number, given that casual observation suggests the law is not widely observed. CHP notes in its report in explanation of this low number that officers on the scene of an incident are busy with that incident and therefore not able to leave the scene to issue citations. CHP further indicates in its report that it is planning a driver education campaign about the move over law, including working with the Department of Motor Vehicles (DMV) to include information about the law in the DMV handbook. 4.Caltrans policy on warning lights . Excessive use of warning lights reduces the effectiveness of the lights and increases the instances under which the move over law is triggered. Under what circumstances highway or bridge authority vehicles, including those belonging to Caltrans, may use their flashing lights is prescribed in statute as well as agency policies, and different agencies have different policies on the use of their vehicles' flashing lights. State law permits highway maintenance vehicles to display their flashing lights "when parked or working on the highway." While Caltrans has adopted a policy stating that amber lights are not to be used when no danger to the employee or motorist exists, this committee last year requested an amendment to AB 290, that the author accepted, to conform to the requirement in the existing move over law that permits tow trucks to display their amber warning lights only when "an unusual traffic hazard or extreme hazard exists." This was to guard against triggering the move over law in situations where a Caltrans' vehicle is simply parked adjacent to the freeway. This bill contains that same language ensuring in statute that Caltrans' vehicles display their amber warning lights on a freeway only when a traffic hazard exists. RELATED LEGISLATION SB 159 (Simitian) repeals the January 1, 2010 sunset date on the move over law thereby making permanent the requirement that SB 240 (WRIGHT) Page 5 drivers move over or slow down when passing a stopped emergency vehicle displaying its emergency lights or tow truck that is displaying its warning lights because of an unusual traffic hazard or an extreme hazard. Status: Passed this committee by a 9 to 2 vote on March 31, 2009. POSITIONS: (Communicated to the Committee before noon on Wednesday, April 8, 2009) SUPPORT: The California-Nevada Conference of Operating Engineers (sponsor) AAA of Northern California Automobile Club of Southern California Professional Engineers in California Government OPPOSED: None received.