BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 681 Hearing Date: 1/12/16
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|Author: |Hill |
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|Version: |1/5/2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Erin Riches |
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SUBJECT: Vehicles: right turn violations
DIGEST: This bill reduces the base fine for "rolling right
turn" violations.
ANALYSIS:
Existing law requires a driver to stop at a red light and
prohibits the driver from proceeding until given an indication
to do so. Failing to stop at a red light is a violation
carrying a base fine of $100, as well as a violation point.
Unless there is a sign prohibiting it, a driver may turn right
at a red light after coming to a complete stop. A driver may
also turn left from a one-way street onto another one-way
street, after coming to a complete stop, during a red light.
Stopping but then proceeding to make an unsafe turn - for
example, by failing to yield to a pedestrian in the crosswalk -
carries a $35 base fine and a violation point.
The state Judicial Council annually adopts a uniform traffic
penalty schedule for all non-parking infractions outlined in the
Vehicle Code. Existing law establishes the base fine for
red-light violations at $100; due to additional surcharges,
penalties, and assessments, a $100 base fine is equivalent to a
total of $541.
This bill provides that turning right on a red light, or turning
left from a one-way street onto another one-way street, without
SB 681 (Hill) Page 2 of ?
first coming to a complete stop, is a violation carrying a base
fine of $35.
COMMENTS:
1)Purpose. According to the author, the 1997 legislation
increasing the base fine for red light violations from $35 to
$100 (see "Related Legislation" below) was targeted at
straight-through and left-turn violations, which are the most
dangerous violations at intersections. This issue has gained
increased attention over the years with the proliferation of
red-light cameras. In addition, red-light ticket fines have
increased dramatically; in 1997, the total price of a
red-light violation was around $100, while now it exceeds
$500. The author states that this amount is excessive for a
"rolling right turn" on red, a maneuver that is not overtly
dangerous. This bill would reduce the base fine to $35, for a
total of $289.
2)The author cites Judicial Council data indicating that in many
municipalities, the majority of red-light violation tickets
are issued for right-turn violations. Additionally, a 2008
Los Angeles Times study revealed that 80% of red-light camera
tickets are issued not to drivers running straight through
intersections, but to drivers making rolling right turns.
People making right turns are generally going at a low speed,
and resulting accidents tend to be much less serious in
nature. By reducing the base fine for rolling right turns,
this bill helps ensure the penalty matches the offense.
3)Violation points. DMV assigns violation points against an
individual's driver's license for certain traffic offenses to
identify a driver as a negligent operator. Violation points
vary with the gravity of the offense; for example, a "fix-it"
ticket does not count for any violation points, a speeding
ticket counts for one violation point, and driving while under
the influence of alcohol or drugs counts for two violation
points. DMV may suspend an individual's driver's license for
six months if he or she receives four points in one year, six
points in two years, or eight points in three years. An
individual may request a DMV hearing to avoid a license
suspension. Existing law assigns one violation point to
red-light offenses; this bill would not change that provision.
4)What about pedestrian safety? Existing law requires a driver
SB 681 (Hill) Page 3 of ?
to yield to a pedestrian in a crosswalk or intersection.
Existing law also requires a driver to come to a complete stop
before making a turn on a red light. While this bill reduces
the fine for a rolling right turn, it does not make a rolling
right turn legal, nor does it affect the pedestrian
right-of-way statute.
5)One more try. The author carried a nearly identical bill to
this bill in 2010 (see "Related Legislation" below), which was
vetoed by Governor Schwarzenegger. The veto message stated
that "Modifying existing law to make red-light violations from
a right turn less egregious sends the wrong message to the
public that California is tolerant of these types of offenses.
It is our responsibility to protect the motoring public and
not increase the risk of traffic collisions." The author
states that rolling right turns are far less serious than
straight-through violations and therefore should carry lesser
penalties.
6)Gut-and-amend. This bill originally pertained to tax
deductions for gas corporations. It was amended on January 5
to relate to red-light violations.
7)Double referral. This bill has also been referred to the
Appropriations Committee, should this committee pass it today.
Related Legislation:
AB 1191 (Shelley, Chapter 852, Statutes of 1997) - increased the
base fine for red-light signal violations from $35 to $100.
AB 909 (Hill) -vetoed by Governor Schwarzenegger in 2010; would
have reduced the base fine for "rolling right turn" violations
back to $35.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday,
January 6, 2016.)
SUPPORT:
SB 681 (Hill) Page 4 of ?
AAA Northern California, Nevada, and Utah
Automobile Club of Southern California
National Motorists Association
Safer Streets L.A.
1 individual
OPPOSITION:
None received
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