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  




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            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  




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            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  




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            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  




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          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.