BILL ANALYSIS
AB 497
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Date of Hearing: April 20, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 497 (Block) - As Introduced: February 24, 2009
SUBJECT : High-occupancy vehicles: physicians
SUMMARY : Permits a physician traveling in response to an
emergency to use high-occupancy vehicle (HOV) lanes, regardless
of occupancy level, if the vehicle displays an approved insigne.
EXISTING LAW :
1)Exempts a physician traveling in response to an emergency to
from speed laws, so long as his or her vehicle displays an
insigne approved by the California Highway Patrol (CHP) that
indicates the vehicle is owned by a licensed physician.
2)Explicitly provides that the exemption does not relieve the
driver from the duty to drive with due regard for safety.
3)Authorizes the California Department of Transportation
(Caltrans) and local authorities, with respect to highways
under the respective jurisdictions, to permit preferential use
of highway lanes for HOVs, under specific conditions.
4)Permits motorcycles, low- and zero-emission vehicles, buses,
bus maintenance vehicle (when responding to an existing
emergency or breakdown) or paratransit vehicles to use HOV
lanes, regardless of occupancy level. (Exceptions for mass
transit and paratransit vehicles only apply if the Caltrans
Director determines that application of the exception will not
result in reduced federal aid for highways.)
5)Declares the intent of the Legislature to stimulate and
encourage the development of ways and means of relieving
traffic congestion on California highways and, at the same
time, to encourage individual citizens to pool their vehicular
resources and thereby conserve fuel and lessen emission of air
pollutants.
6)Existing federal law, the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
AB 497
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(SAFETEA-LU), gave states the option of allowing three
specific vehicle classes to travel on HOV lanes, exempt from
the posted vehicle occupancy requirements:
a) Out-of-service public transportation vehicles;
b) High-occupancy toll vehicles; and,
c) Low emission and energy-efficient vehicles (such as
hybrids).
In addition, SAFETEA-LU provides procedures that states must use
to restrict motorcycle and bicycle operations on HOV
facilities. Absent these exceptions, federal law requires HOV
lanes to have occupancy levels of at least two occupants (2+).
FISCAL EFFECT : Unknown.
COMMENTS : The author introduced this bill because of numerous
physician stories throughout the state where physicians on their
way to an emergency get pulled over and ticketed. AB 497 is
intended to "provide a safer route to the physician's
destination instead of swerving in and out of traffic."
This bill builds on legislation enacted in 1959 that allows
physicians to exceed speed laws, in a safe manner and only if
the physician is responding to the emergency and only if the
vehicle has the proper insigne.
(Interestingly, this bill's sponsor, the California Medical
Association (CMA), sells the proper insigne at its online
bookstore. These decals are about 4" x 5" red ovals and read
"M.D. V.C. 21058" (the applicable Vehicle Code section). The
first sticker is free for CMA members and subsequent stickers
are $10 a piece. Non-CMA member are charged $50 for each
sticker. It is unknown how many of these stickers are actually
in use.)
Committee concern : This bill would set an unfortunate precedent
whereby other, equally worthy groups would seek similar
exemptions for HOV access.
Related legislation : AB 670 (Berryhill) of 2009 authorizes
Caltrans and local authorities to permit exclusive or
AB 497
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preferential use HOV vehicle lanes to be used by a vehicle
driven by a veteran or active duty member of the United States
Armed Forces, regardless of the number of passengers in the
vehicle or the type of vehicle, provided that the vehicle is
driven by the veteran or active duty member and the vehicle
displays an insigne approved by the Department of Motor
Vehicles. That bill is scheduled to be heard in Assembly
Transportation on April 20, 2009.
REGISTERED SUPPORT / OPPOSITION :
Support
California Medical Association (sponsor)
American College of Obstetricians and Gynecologists
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093