BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
240 (Wright)
Hearing Date: 4/27/09 Amended: 3/31/09
Consultant: Mark McKenzie Policy Vote: T.&H. 8-2
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BILL SUMMARY: SB 240 would delete the January 1, 2010 sunset
date for the "move over" law, which specifies how drivers on a
freeway are required to pass a stationary emergency vehicle or
tow truck with flashing warning lights. This bill would also
apply the requirements of the "move over" law to drivers
approaching a stationary Department of Transportation (Caltrans)
vehicle with flashing amber warning lights.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Caltrans minor and abosorbable costs Special*
Local mandate non-reimbursable, local crime
disclaimerLocal
Penalty revenue minor penalty revenue gains Various
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*State Highway Account
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STAFF COMMENTS:
Existing law, SB 1610 (Simitian), Chapter 375 of 2006, requires
drivers approaching an emergency vehicle or tow truck that is
stopped on the roadway with its warning lights flashing to merge
into an adjacent lane to open up a lane between traffic and the
emergency vehicle or tow truck, if safely possible. Otherwise
the driver is required to slow to a safe speed and proceed with
due care or as directed by a traffic officer. A violation of
this provision is an infraction punishable by a fine of up to
$50. Existing law also prohibits a tow truck from displaying
flashing warning lights on a freeway except when an unusual
traffic hazard or extreme hazard exists. These provisions are
scheduled to sunset on January 1, 2010.
SB 240 would repeal the January 1, 2010 sunset date on the
provisions of the "move over" law, thereby permanently extending
the requirement that drivers on a freeway move over or slow down
when approaching and passing a stationary emergency vehicle or
tow truck that is displaying flashing amber warning lights, as
specified. The bill would also apply the requirements of the
"move over" law to drivers approaching and passing a stationary
Caltrans vehicle displaying flashing warning lights, and would
prohibit a Caltrans vehicle from displaying flashing warning
lights except when an "unusual traffic hazard or extreme hazard"
exists.
Staff notes that provisions of this bill that would eliminate
the January 1, 2010 sunset date to the existing "move over" law
were also contained in SB 159 (Simitian), which was approved by
this committee by a vote of 10-0 on April 20, 2009. Provisions
of
Page 2
SB 240 (Wright)
SB 240 that would add Caltrans vehicles to the requirements of
the "move over" law were included in AB 290 (DeLeon), which was
vetoed by Governor Schwarzenegger in 2008. The veto message to
AB 290 contained the following:
I am very concerned about the safety of Department of
Transportation (Caltrans) maintenance workers and support
the intent of this bill to grant them additional protection
in the performance of their duties. However, 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.
Existing law permits highway maintenance vehicles to display
their flashing lights "when parked or working on a highway."
Caltrans policy states that amber lights are only to be used
when a danger to the employee or motorist exists, which is
inconsistent with the requirements of this bill that prohibit
Caltrans vehicles from displaying flashing amber warning lights
unless an "unusual traffic hazard or extreme hazard" exists.
Caltrans continues to have concerns with exposure to tort
liability related to this requirement. Any costs for Caltrans
to update policy manuals to reflect restrictions on the use of
warning lights would be minor and absorbable.
Staff notes that by extending a criminal violation, SB 240 would
impose a state-mandated local program. Local agency costs
associated with the extension of a crime or infraction are not
reimbursable by the state. The California Highway Patrol
reports issuing 106 citations over two years for violations of
the "move over" law. The permanent extension and expansion of
these provisions would likely result in minor annual penalty
revenue gains.