BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 986


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          Date of Hearing:  June 27, 2016 


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          SB  
          986 (Hill) - As Amended June 20, 2016


          SENATE VOTE:  39-0


          SUBJECT:  Vehicles: right turn violations


          SUMMARY:  Reduces the base fine, from $100 to $35, for turning  
          right on a red light (rolling right turn), or turning left from  
          a one-way street onto another one-way street, without coming to  
          a complete stop.  


          EXISTING LAW:   


          1)Requires a driver to stop behind the limit line at a red  
            light.  

          2)Provides that, after stopping at a red light, a driver may  
            proceed to turn right or to turn left from a one-way street  
            onto a one-way street, if it is safe to do so.  

          3)Established the base fine for red-light violations at $100 the  
            total cost of which amounts to $541 after surcharges,  
            penalties, and assessments are applied.  









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          FISCAL EFFECT:  Unknown


          


          COMMENTS:  According to the author, the intent of this bill is  
          to correct a drafting error in the enactment of AB 1191  
          (Shelley), Chapter 852, Statutes of 1997, that increased the  
          base fine for red light violations from $35 to $100.  The author  
          asserts that AB 1191 was intended to only target drivers for  
          going straight through intersections or making left-turns  
          against a red light, which are the most dangerous violations at  
          intersections and can result in catastrophic right angle  
          collisions.  AB 1191 raised the fine for these violations to  
          more accurately reflect their seriousness and the potential for  
          catastrophic accidents.  He notes, however, that AB 1191 also  
          raised the fine for failing to make a complete stop on a right  
          turn on a red light, a violation that, while it should not be  
          condoned, is far less serious and does not warrant the increased  
          fine of a running straight through the intersection,  
          particularly given that these citations, with fines and  
          penalties, have a total cost of $541.

          With the advent of automated traffic enforcement systems (also  
          known as red light cameras), 
          AB 1191 has resulted in a significant increase in the number of  
          drivers being cited, at the higher fine rate, for rolling right  
          turn violations.  The author contends that citing these  
          violations at $100, with the total cost at $541 after  
          assessments, is overly punitive given that the maneuver that is  
          not overtly dangerous.  To address this issue, the author has  
          introduced this bill which would reduce the base fine for  
          rolling right turn violations to $35, ultimately resulting in a  
          total fine of $289, after penalty assessments are applied.  He  
          notes that lowering the fine for these violations would make the  
          monetary penalty more equitable and in the context of other  
          traffic violations.









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          To the author's point, generally, the Vehicle Code assigns  
          higher penalties to traffic violations with potential for injury  
          or death.  Violations with a fine equal to the fine for running  
          a red light, include failure to yield to an emergency vehicle,  
          throwing lighted material on the highway, and failure to use  
          child safety seats.  Violations resulting in $35 fines include  
          failing to yield the right-of-way in a crosswalk and unsafe  
          turns or lane changes.

          A San Mateo County Civil Grand Jury report noted that "the fine  
          for failure to stop before making a right-hand turn seems out of  
          proportion to similar offenses and, as a result, is often  
          appealed in traffic court."  The report states that there has  
          been an 80% increase in the number of red light citations and  
          that challenges to the citations are overwhelming the San Mateo  
          County Superior Court.  Similarly, a Texas Transportation  
          Institute report entitled "Synthesis on the Safety of Right Turn  
          on Red in the United States and Canada" concluded that rolling  
          right turns are not a dangerous maneuver at signalized  
          intersections for either vehicles or pedestrians in most  
          circumstances and, proportionally, rolling right turn crashes  
          are very low (less than 0.5% of all crashes) and, in the event  
          of a crash, the outcome is generally not severe.  

          The author carried nearly identical bills in 2010 and 2015.  AB  
          909 (Hill) of 2010, was vetoed by Governor Schwarzenegger.  In  
          his veto message, the Governor noted that modifying the law to  
          make red-light violations less egregious would send the wrong  
          message to the public that California is tolerant of these types  
          of offenses.  SB 681 (Hill) of 2016, was held on Suspense in the  
          Senate Appropriations Committee.

          Writing in support of SB 986, Safer Streets LA points out that  
          for persons with lesser means, these tickets represent a  
          substantial financial burden, particularly given that they were  
          issued for a relatively minor infraction.  In fact, the Assembly  
          Transportation Committee recently passed SB 881 (Hertzberg) that  
          addressed concerns for low income motorists being driven further  
          into poverty as a result penalties associated with the inability  








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          to pay the substantial fines resulting from added penalty  
          assessments. 

          The San Francisco Municipal Transportation Agency (SFMTA) writes  
          that reducing the fine for rolling right turn violations would  
          send the message to the public regarding the seriousness of  
          these offenses.  They point out that San Francisco police  
          reports show that an average of 319 injury collisions were  
          caused annually between 2008 and 2014 by drivers running red  
          lights.  Of these, SFMTA notes that an average of 14 collisions  
          involved right turns.

          Related legislation:  SB 881 (Hertzberg) would end the practice  
          of suspending an individual's driver's license for failing to  
          appear in court or failing to pay a traffic fine for certain  
          violations.  SB 881 passed out of this committee and is  
          scheduled to be heard by the Assembly Committee on Public Safety  
          on June 28, 2016.

          Previous 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) of 2010, would have reduced the base fine for  
          "rolling right turn" violations to $35.  AB 909 was vetoed by  
          Governor Schwarzenegger.

          SB 681 (Hill) of 2016, was identical to this bill in that it  
          would have reduced the fine for a "rolling right turn."  SB 681  
          was held on Suspense in the Senate Appropriations Committee.
          
















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          REGISTERED SUPPORT / OPPOSITION:




          Support
          A New Way of Life Re-Entry Project
          American Civil Liberties Union of California
          Automobile Club of Southern California
          California Association of Highway Patrolmen
          Legal Services for Prisoners with Children
          National Motorists Association
          Safer Streets L.A.
          Western States Trucking Association 


          Opposition
          San Francisco Municipal Transportation Agency




          Analysis Prepared by:Victoria Alvarez / TRANS. / (916)  
          319-2093