BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 240
                                                                  Page  1

          Date of Hearing:   July 8, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 240 (Wright) - As Amended:  June 23, 2009 

          Policy Committee:                               
          TransportationVote:14-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill:

          1)Eliminates the January 1, 2010 sunset date for the "move-over"  
            law, which prescribes actions that drivers must take on a  
            freeway when passing a stopped emergency vehicle or tow truck  
            displaying 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 if an  
            applicable vehicle is not adjacent to the freeway or is  
            separated from the freeway by a protective physical barrier.

           FISCAL EFFECT 

          Minor non-reimbursable costs to local governments for  
          enforcement, offset to some extent by fine revenues.

           COMMENTS  

           1)Background  .  SB 1610 (Simitian)/Chapter 375 of 2006, required  
            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.








                                                                  SB 240
                                                                  Page  2


           2)Purpose  .  The bill makes permanent the move-over law that SB  
            1610 created as a three-year, statewide pilot project.   
            Earlier this year, the CHP issued its report required under SB  
            1610, which 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."

            Additionally, the bill adds marked Caltrans vehicles to the  
            "move over" requirements.  In 2007, three Caltrans workers  
            died after being struck by motorists while performing their  
            job duties.  According to the sponsor-the California/Nevada  
            Conference of International Operating Engineers-from 2002  
            through 2006, 70 Caltrans employees were injured by errant  
            vehicles.

           3)Related Legislation  .  SB 159 (Simitian), pending in the  
            Assembly, also eliminates the sunset on the "move-over" law.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081