BILL ANALYSIS Ó AB 2477 Page 1 Date of Hearing: April 16, 2012 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 2477 (Garrick) - As Amended: April 9, 2012 SUBJECT : Commercial vehicles: video event recorders SUMMARY : Authorizes video event recording devices to be placed on the upper center portion of a commercial vehicle's windshield. Specifically, this bill : 1)Makes findings and declarations regarding: a) The federal exemption regarding the mounting video event recorders; b) Studies showing that use of video event recorders has resulted in a reduction in safety-related events; and, c) The Legislature's intent to adopt policy equivalent to the federal exemption for the placement of video event recorders in commercial motor vehicles. 2)Authorizes video event recorders to be mounted in the upper middle portion of a commercial vehicle's windshield in an area no more than 2-inches below the upper edge of the area swept by the windshield wipers and outside the driver's line of sight to the road and highway signs. 3)Provides that the authorization becomes inoperative when the California Highway Patrol (CHP) declares the federal exemption has expired or when the CHP declares that a subsequent renewal of the federal exemption has expired, whichever is later. 4)Makes related, clarifying amendments. EXISTING LAW : 1)Prohibits a person from driving a motor vehicle with any object in the windshield that obstructs or reduces the driver's clear view. 2)Provides various exceptions for mounting objects on a vehicle's windshield including placement of a video event AB 2477 Page 2 recorder in the following locations: a) In a 7-inch square in the lower corner of the windshield farthest removed from the driver outside of an airbag deployment zone; b) In a 5-inch square in the lower corner of the windshield nearest the driver outside of an airbag deployment zone; and, c) In a 5-inch square area in the center uppermost portion of the interior of the windshield. 3)Defines a video event recorder as device that continuously records, in a digital loop, audio and video images and only saves these recordings when triggered by an unusual motion or crash or when operated by a driver to monitor driver performance. 4)Requires that a vehicle equipped with a video event recorder have a notice posted in a visible location that tells passengers that their conversations may be recorded. 5)Requires that video event recorders store no more than 30 seconds before and after a triggering event. 6)Specifies that the registered owner or lessee of a vehicle may disable the video event recorder. 7)Provides, under a federal exemption, that video event recorders may, until April 13, 2013, be placed at the top of the windshield of commercial motor vehicles in an area not more than 2 inches below the upper edge of the area swept by the windshield wipers and outside of the driver's line of sight to the roadway and highway signs. FISCAL EFFECT : Unknown COMMENTS: The author has introduced this bill to conform state law to a federal exemption that authorizes the placement of video event recorders near the upper center of a commercial vehicle's windshield (in an area generally below the rear view mirror). The author believes that the federal exemption provides optimal placement of video event recorders over state requirements that specify video event recorders must be placed AB 2477 Page 3 in the lower right- or left-hand corner of the windshield or in the upper center of the windshield (generally above the rearview mirror). The author and sponsor suggest that placing video event recorders in the area allowed by state law compromises the ability of the camera to record suitable images both inside and outside of the vehicle because of the severe angles that must be used to capture images and because of potential obstructions presented when cameras are aimed across the dashboard, passengers, or the rearview mirror. Supporters agree that placing a camera in the area allowed by in the federal exemption allows better, unobstructed views to be captured both inside of and outside of the vehicle. With better camera footage, meaningful information can be derived thereby increasing safety. Studies performed by the Federal Motor Carrier Safety Administration (FMCSA) showed that carriers who used video event recorders in this location experienced a drastic reduction in safety-related events. In particular, one carrier reduced safety-related up to 52% and severe safety-related events were decreased by more than 59%. Since the federal exemption is in place, interstate commercial vehicles travelling in California are already authorized to have video event recorders placed in accordance with the exemption. Intrastate commercial vehicles, however, must abide by the requirement in statute that specifies per AB 1942 (Fletcher), Chapter 458, Statutes of 2010, that the camera must be placed outside of the airbag deployment zone in a seven inch square on the lower right-hand corner of the windshield, or a five inch square in the lower left-hand corner of the windshield or in a 5-inch square area in the center, uppermost portion of the interior windshield. If a video event recorder is used, a notice must also be posted in a visible place in the vehicle that notifies passengers that their conversations are being recorded. Placement of video event recorders in commercial vehicles was authorized by the FMCSA based on recommendations by the National Transportation Safety Board (NTSB). The NTSB also recommended that motor carriers review the video event recorder images in conjunction with other performance data to verify that driver actions are being carried out in accordance with company rules, AB 2477 Page 4 regulations, and procedures. According to the author and sponsor, AB 2477 brings state law into conformity with the federal exemption. The author argues that this conformity will enhance the further adoption of video event recorder technology in California which in turn will deter unsafe driving behavior and improve the overall level of safety for the motoring public. The author notes that based on available technical information, there is no evidence that mounting these devices in the area allowed by the federal exemption obstruct drivers' views of the roadway, highway signs, or surrounding traffic. Author's amendments : The American Civil Liberties Union (ACLU) has expressed possible concerns with drafting errors in the bill. The author has committed to work with the ACLU to redraft the bill to fully remove their opposition. Related Legislation : SB 1534 (Harman) of 2012, would authorize local government agencies to require a taxicab to be equipped with a video event recorder, specify the video event recorder's operating specifications and parameters, and authorize specified entities to review the images captured by the video event recorder. Previous Legislation : AB 1942 (Fletcher) Chapter 458, Statutes of 2010, authorized the placement of video event recorders in vehicle. AB 213 (Leslie) Chapter 427, Statutes of 2003, requires a manufacturer of a new motor vehicle sold or leased in this state that is equipped with one or more recording devices, commonly referred to as ''event data recorders (EDR)'' or ''sensing and diagnostic modules (SDM),'' to disclose that fact in the owner's manual for the vehicle. REGISTERED SUPPORT / OPPOSITION : Support DriveCam (Co-Sponsor) Smart Drive (Co-Sponsor) Sysco Corporation AB 2477 Page 5 Opposition American Civil Liberties Union of California Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093