BILL NUMBER: AB 497	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2009

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 24, 2009

   An act to  amend Section 21058 of   add
Section 21655.11 to  the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 497, as amended, Block. Vehicles: high-occupancy vehicle lanes:
used by physicians.
   Existing law authorizes a physician when traveling in response to
an emergency call to be exempt from certain speed limit requirements,
as specified, if the vehicle being used by the physician displays an
insigne approved by the Department of  Motor Vehicles
  the California Highway Patrol  indicating that
the vehicle is owned by a licensed physician.
   Existing law permits the Department of Transportation and local
authorities, with respect to highways under their respective
jurisdictions, to authorize exclusive use of highway lanes for a
high-occupancy vehicle (HOV).  The unauthorized use of an HOV
lane is an infraction punishable by specified fines.  
   This bill would permit a physician to travel in HOV lanes, when
traveling in response to an emergency call, regardless of the number
of occupants in the vehicle, if that physician displays the insigne
approved by the Department of Motor Vehicles.  
    This bill would authorize the Department of Transportation and
local authorities to also permit exclusive or preferential use of
high-occupancy vehicle lanes by a vehicle driven by a physician if
the vehicle is driven by a physician in response to an emergency call
and the vehicle displays the insignia approved by the Department of
the California Highway Patrol. The exemption from certain speed limit
requirements would not apply to the use of an HOV lane by a
physician under this provision.  
   The bill would also increase the fines for the unauthorized use of
an HOV lane in violation of this provision. The bill would provide
that this provision only applies if the Director of Transportation
determines that the application would not subject the state to a loss
of federal aid for highways. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21655.11 is added to the 
 Vehicle Code   ,  immediately following Section
21655.9  , to read:  
   21655.11.  (a) The Department of Transportation and local
authorities, with respect to highways under their respective
jurisdictions, may authorize or permit exclusive or preferential use
of high-occupancy vehicle lanes by a vehicle driven by a physician
who is traveling in response to an emergency call, if the vehicle
used by the physician displays an insignia approved by the Department
of the California Highway Patrol indicating that the vehicle is
owned by a licensed physician.
   (b) A physician who is found to be driving in a high-occupancy
lane and is not traveling in response to an emergency call or a
person who is found to be using the insignia and is not a licensed
physician, is guilty of an infraction.
   (c) Notwithstanding Section 42001.11, a person convicted pursuant
to subdivision (b) shall be punished as follows:
   (1) By a fine of two hundred dollars ($200).
   (2) For a second infraction occurring within one year of a prior
infraction that resulted in a conviction, a fine of four hundred
dollars ($400).
   (3) For a third or subsequent infraction occurring within one year
of two or more prior infractions that resulted in convictions, a
fine of five hundred dollars ($500).
   (d) This section does not relieve the driver of the responsibility
of complying with all traffic rules and regulations, including, but
not limited to, speed limits, changing lanes, and use of signal
lamps. The exemption contained in Section 21058 shall not apply to a
vehicle using a high-occupancy vehicle lane pursuant to this section.

   (e) This section shall only apply if the Director of
Transportation determines that the application will not subject the
state to a reduction in the amount of federal aid for highways. 

  SECTION 1.    Section 21058 of the Vehicle Code is
amended to read:
   21058.  A physician traveling in response to an emergency call
shall be exempt from Sections 21655.5, 22351, and 22352 if the
vehicle so used by the physician displays an insigne approved by the
department indicating that the vehicle is owned by a licensed
physician. The provisions of this section do not relieve the driver
of the vehicle from the duty to drive with due regard for the safety
of all persons using the highway, nor protect the driver from the
consequences of an arbitrary exercise of the privileges of this
section.