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