BILL ANALYSIS �
AB 902
Page 1
Date of Hearing: April 15, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 902 (Gaines) - As Amended: March 18, 2013
SUBJECT : Vehicles: rules of the road: right-of-way
SUMMARY : Increases the fine from $50 to $100 for vehicles that
fail to follow the "move over" law that prescribes actions that
drivers must take on a freeway when passing a stopped emergency
vehicle displaying emergency lights or a tow truck or Department
of Transportation (Caltrans) vehicle displaying flashing amber
warning lights.
EXISTING LAW :
1)Requires a person driving a vehicle on a freeway approaching a
stationary emergency vehicle displaying emergency lights or a
stationary tow truck or marked Caltrans vehicle displaying
flashing amber warning lights to approach with due caution and
do either 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) Slow to a reasonable and prudent speed that is safe for
existing weather, road, and vehicular or pedestrian traffic
conditions if making a lane change is not possible.
2)Makes a violation of the "move over" law an infraction
punishable by a $50 fine and subject to additional late
penalties and surcharges which vary between counties.
FISCAL EFFECT : Unknown
COMMENTS : SB 1610 (Simitian) Chapter 375, Statutes of 2006,
enacted the "move over" law due to the ongoing concern with the
growing numbers of police and emergency workers being killed or
injured during routine traffic stops or crash responses. SB
1610 also established a $50 fine on any driver who violated this
law and was subject to sunset on January 1, 2010. SB 240
(Wright) Chapter 175, Statutes of 2009, was subsequently enacted
AB 902
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which eliminated the sunset provision of the "move over" law and
expanded its provisions to marked Caltrans vehicles. However,
SB 240 did not make any changes to the fine structure.
The author's office contends, "by doubling the fine, drivers
will take clearer notice of the Slowdown Move Over law and have
a clear incentive to comply, rather than treat it as an
insignificant risk as many currently do." Similar legislation
has previously been attempted pertaining to fines for cell phone
use and text messaging while operating a vehicle. SB 1475
(2010), SB 28 (2011), and SB 1310 (2012), all introduced by
then-Senator Simitian, carried out several attempts to increase
the fines for the abovementioned violations under a very similar
premise: that lack of compliance is due to nominal penalties and
sporadic enforcement therefore, stronger penalties would likely
improve overall compliance. These attempts were either denied
by the Legislature or vetoed by the Governor.
In Governor Brown's veto messages for SB 28 and SB 1310, the
Governor clearly stated his opposition towards raising fees
indicating the current penalty structures are sufficient
deterrents.
All 50 states and the District of Columbia have enacted some
form of the "move over" law. Many of which have significantly
stronger penalties than California. In Florida, for example, a
"move over" violation would result in a $120 fine and 3 points
on a driver's license. Additionally, approximately 7 states
have fines that over time escalate to $500 dollars, and 4 states
have fines ranging up to $250. In comparison, California has no
graduated penalty schedule and appears to have one the lowest
penalties of all states.
California Highway Patrol (CHP) data shows that over the past
three years the number of citations and convictions has steadily
increased for "move over" violations. One potential reason for
this increase may be due to a number of drivers continuing to
ignore this law. Thus, when evaluating the state's "move over"
penalty in comparison to all other states, increasing the
penalty in the attempt to raise driver awareness and reduce the
risk of serious injuries or death to emergency responders and
transportation highway workers warrants consideration.
Previous legislation:
AB 902
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SB 1610 (Simitian), Chapter 375, Statutes of 2006, enacted the
"move over" law which prescribed actions that drivers must take
on a freeway when passing a stopped emergency vehicle or tow
truck when displaying its warning lights. That bill also made a
violation of these provisions an infraction punishable by a fine
of up to $50 and established a sunset date of January 1, 2010.
SB 240 (Wright), Chapter 175, Statutes of 2009, made permanent
the "move over" law as enacted by SB 1610 and extended the
provisions to also apply to stationary Caltrans vehicles which
displayed flashing amber lights.
REGISTERED SUPPORT / OPPOSITION :
Support
California Tow Truck Association
Opposition
None on file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093