BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 240
                                                                  Page  1

          Date of Hearing:  June 29, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                     SB 240 (Wright) - As Amended:  June 23, 2009

           SENATE VOTE :  30-2
           
          SUBJECT  :  Move over law: Department of Transportation (Caltrans)  
          vehicles 

           SUMMARY  :  Makes permanent the "move over" law, which prescribes  
          actions that drivers must take on a freeway when passing a  
          stopped emergency vehicle or tow truck with its flashing amber  
          warning lights.  This bill also adds Caltrans vehicles, under  
          specified conditions, to the move over law.  Specifically,  this  
          bill  :  

          1)Makes permanent the "move over" law, which prescribes until  
            January 1, 2010, actions that drivers must take on a freeway  
            when passing a stopped emergency vehicle or tow truck that is  
            displaying its flashing amber lights.  

          2)Adds marked Caltrans vehicles displaying flashing amber  
            warning lights to the move over law.  

          3)Provides that move over law requirements do not apply to a  
            stationary authorized emergency, tow truck, or marked Caltrans  
            vehicle that is displaying flashing amber lights, if it is not  
            adjacent to the freeway or is separated from the freeway by a  
            protective physical barrier.  

           EXISTING LAW  :   

          1)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 a 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.  

          2)Requires that, until January 1, 2010, a person driving a  
            vehicle on a freeway that is approaching a stationary  








                                                                  SB 240
                                                                  Page  2

            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 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.  

          3)Provides that a violation of this provision is punishable by a  
            fine of not more than $50.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, this bill will result in minor and absorbable costs.   


           COMMENTS  :  This bill would make permanent the "move-over" law  
          provisions developed through the statewide pilot program under  
          SB 1610 (Simitian), Chapter 375, Statutes of 2006.  Currently,  
          there are forty-one states that have move-over laws for either  
          police, emergency medical service, or emergency vehicles, or a  
          combination of each, and twenty-five states that have tow-truck  
          move-over laws.  

          A requirement under the pilot project was for the California  
          Highway Patrol (CHP) to issue a mandatory report to the  
          Legislature on the effectiveness of the project and whether its  
          applicability should be extended indefinitely.  

          Overall, the report concluded that although "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 through the one-year data comparison, the new law appears  
          to have had a positive effect by reducing collisions and  
          injuries involving stopped emergency vehicles and tow trucks."   
          CHP recommendation is to "remove the sunset clause and make SB  
          1610 requirements permanent California law."  

          Between the years of 2006 and 2007, fatal collisions decreased  








                                                                  SB 240
                                                                  Page  3

          by 37.5%, and fatal victims decreased by 44.4%.  Concurrently,  
          injury collisions decreased by 7.3% and persons injured  
          decreased by 6.2%.  CHP points out that "similar to other laws,  
          'move over' provisions will take time for the motoring public to  
          become aware and implement into their driving habits."  

          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.  

          Additionally, this bill would add marked Caltrans vehicles to  
          the "move over" requirements in which motorists are to proceed  
          with the same caution that is currently required when  
          approaching stationary authorized emergency vehicles and tow  
          trucks, under similar circumstances.  According to the author,  
          "Caltrans workers and their vehicles are put at risk when  
          motorists fail to approach these vehicles with due caution, slow  
          to a reasonable and prudent speed, and fail to move into an  
          available lane that is not immediately adjacent to the  
          stationary vehicle."  

          In 2007, three Caltrans employees died after being struck by  
          motorists while performing their job duties.  According to the  
          sponsor, from 2002-2006, 70 Caltrans employees have been injured  
          by errant vehicles.  

          The author's intent is to protect Caltrans workers tending to a  
          highway accident or emergency from passing motorists who maybe  
          driving too fast in a highway work zone.  The addition of  
          Caltrans vehicles to the existing law would also reinforce the  
          Caltrans public awareness campaign known as, "Slow for the Cone  
          Zone."  This public awareness campaign warns California  
          motorists of the hazards associated with driving recklessly  
          through California's highway work zones and educates drivers of  
          the benefits of merging early, preparing for sudden stops,  
          avoiding distractions, and limiting speeding.  

           Related legislation  :  SB 159 (Simitian) of 2009, would make  
          permanent the "move over" law, which prescribes actions that  
          drivers must take on a freeway when passing a stopped emergency  
          vehicle or tow truck with its warning lights flashing because of  
          an unusual traffic hazard or an extreme hazard.  This bill  
          passed out of the Assembly Transportation Committee 13-0 on June  
          22, 2009.  SB 159 awaits presentation on the Assembly floor.  It  








                                                                  SB 240
                                                                  Page  4

          is important to note that the move-over sunset removal provision  
          that is included in SB 159 is also contained in this bill.  

           Previous legislation  :  Last year, AB 290 (De Leon) would have  
          applied until 2010 the move over law to drivers passing a marked  
          Caltrans' vehicle stopped on a freeway with its amber warning  
          lights flashing.  The Governor vetoed that bill.  

          The Governor's veto message stated that AB 290 "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."  
           

          Additionally, the veto message points out that AB 290 "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."  

          In order to address the Governor's veto, this bill prescribes  
          that move-over law provisions would not apply to a stationary  
          authorized emergency, tow truck, or marked Caltrans vehicle that  
          are displaying flashing amber lights, if it is not adjacent to  
          the freeway or is separated from the freeway by a protective  
          physical barrier.  This provision appears to satisfy concerns  
          related to prohibiting Caltrans' usage of amber lights under  
          certain circumstances and provides flexibility with existing  
          internal procedural guidelines, thereby removing liability  
          exposure.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California/Nevada Conference International Operating Engineers  
          and State (Sponsor) 
          Professional Engineers in California Government
          California State Automobile Association 
          Automobile Club of Southern California 

           Opposition 
           








                                                                  SB 240
                                                                  Page  5

          None on file


           Analysis Prepared by  :   Alejandro Esparza / TRANS. / (916)  
          319-2093