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