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
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            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 








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          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
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          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
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           Opposition 
           
          American Civil Liberties Union of California
           
          Analysis Prepared by  :    Victoria Alvarez / TRANS. / (916) 319- 
          2093