BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 497
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: block
VERSION: 5/14/09
Analysis by: Jennifer Gress FISCAL: no
Hearing date: June 16, 2009
SUBJECT:
High-occupancy vehicle (HOV) lanes: physicians
DESCRIPTION:
This bill allows the California Department of Transportation
(Caltrans) and local transportation agencies to permit
physicians, when traveling in response to an emergency call, to
access HOV lanes.
ANALYSIS:
Existing law exempts physicians traveling in response to an
emergency call from prima facie speed limits if the vehicle so
used displays an insigne approved by the California Highway
Patrol indicating that the vehicle is owned by a physician.
That provision of law, however, does not relieve the driver from
the duty to drive with due regard for the safety of all persons
using the highway.
Existing law permits Caltrans and local transportation
authorities, with respect to highways under their respective
jurisdictions, to allow the exclusive or preferential use of
highway lanes for HOVs. In allowing for HOV lanes, the
Legislature declared its intent "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."
For most HOV lanes, "high-occupancy" is defined as having at
least two people (2+) in the vehicle, including the driver,
though Caltrans and local transportation agencies have authority
to raise the occupancy standard. On HOV lanes in the Bay Area,
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for example, the occupancy standard is 3+ during specified peak
hours.
Existing law contains a number of exceptions to the occupancy
standard. Motorcycles, mass transit vehicles, paratransit
vehicles, and certain low-emission vehicles (e.g., hybrids,
electric vehicles) are able to use HOV lanes, regardless of
occupancy levels. Mass transit supervisors' and maintenance
vehicles may also access an HOV lane if used in response to an
emergency or breakdown of a mass transit vehicle. On a limited
number of HOV lanes, single-occupant vehicles may use the HOV
lane for a fee (e.g., State Highway Route 91 Express Lanes in
Orange County). Finally, authorized emergency vehicles may use
HOV lanes if responding to an emergency.
This bill :
Authorizes Caltrans and local transportation agencies, with
respect to highways under their respective jurisdictions, to
allow a vehicle driven by a physician who is traveling in
response to an emergency call to use HOV lanes, if the vehicle
used by the physician displays an insignia approved by CHP
indicating that the vehicle is owned by a physician.
Provides that a physician who is found to be driving in an HOV
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 and specifies
fines for such violations, as follows:
o $200 for the first infraction
o $400 for a second infraction occurring within one year
of a conviction of a second conviction
o $500 for a subsequent infraction occurring within one
year of two or more convictions
Specifies that HOV lane access does not relieve the driver of
the responsibility of complying with all traffic rules and
regulations, including those related to speed limits, changing
lanes, and use of signal lamps.
Provides that these provisions shall not apply if the Director
of Caltrans determines that the application would result in
the loss or reduction of federal aid for highways.
COMMENTS:
AB 497 (BLOCK) Page 3
1.Purpose . According to the author, California's increasingly
congested roadways slow the response time of physicians
traveling in response to an emergency. The author reports
that there are many stories where physicians on their way to
an emergency are pulled over and in some cases ticketed. This
bill will allow physicians to reduce their travel time to a
medical crisis. The sponsor of the measure, the California
Medical Association (CMA), explains that in an emergency, even
an extra minute can make a difference.
Writing in support of the measure, the American College of
Obstetricians and Gynecologists indicate that they support the
bill because of the delay incurred when stopped by law
enforcement. While the stop often did not result in a
citation, the physician was nonetheless delayed in reaching
the hospital and a delay of even a few minutes can be critical
to patient care.
2.Enforcement challenges . The most significant obstacle to the
effective enforcement to the provisions contained in this bill
is that CHP will not be able to determine whether or not a
vehicle with the insignia is being driven by a physician or
responding to an emergency. For this reason, there is concern
that the privilege granted by this bill would be abused. To
enforce these provisions, CHP will have to stop the vehicle,
which will result in the delay that the sponsor and supporter
intend to prevent. While this measure may result in fewer
citations for physicians, it may not have the intended effect
of reducing delays.
A second enforcement challenge concerns the definition of
"emergency" and how CHP will be able to determine whether a
physician is in fact responding to one. Is the delivery of a
child considered an emergency or only if there are
complications that threaten the life of the mother or child?
Are there other physicians at the hospital that may be able to
deal with the medical situation?
3.HOV lane degradation . In response to allowing certain
low-emission vehicles to access HOV lanes, the Federal
Highways Administration (FHWA) required Caltrans to monitor
and report on the performance of HOV lanes and to take steps
to address degradation (i.e., congestion), if necessary.
In July 2006, Caltrans assessed congestion in the HOV lanes
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using both the state and federal standards of performance.
Under the state standard, Caltrans found that the number of
congested HOV lane segments increased from 7 to 12 percent.
Under the federal standard, Caltrans found that approximately
46 percent of HOV lane segments operated under degraded
conditions. Caltrans then updated its analysis of HOV lane
degradation and submitted a supplemental report to FHWA in
September 2008. This updated analysis found that, based on
the federal standard, congestion increased on HOV lanes from
46 percent to 54 percent.
Given the growth in both population and number of registered
vehicles, degradation is likely only to worsen. Further
degradation of HOV lanes benefits no one, most notably, the
consumers this bill seeks to target. Furthermore, HOV lanes
are intended to encourage carpooling or take mass transit in
order to reduce congestion, reduce fuel consumption, and
lessen vehicular air pollution. Given the current threat of
congestion on the state's HOV lanes and the possibility that
this bill would result in further degradation, thus detracting
from the purpose of HOV lanes, the committee may wish to hold
the bill.
4.Conflict with federal law . Federal law governing access to
HOV lanes extends to those lanes in California that were
funded, at least in part, by federal transportation money.
The majority, if not all, HOV lanes in this state have in fact
been built with federal aid. Federal law does not currently
allow physicians responding to emergencies such access. The
bill addresses this by providing that HOV lane access may only
be permitted if it does not result in a reduction of federal
aid. The committee may wish to consider, however, whether it
may be more prudent to seek authorization from the federal
government before granting this exemption.
5.Suggested amendments . If this bill were to move forward, the
author or committee may wish to address the following issues.
a. Uniform application of law. This bill permits Caltrans
or a local transportation authority to permit physicians to
access HOV lanes in their jurisdictions. This could lead
to confusion by some physicians if some jurisdictions
permit it but others do not, particularly if a physician
crosses jurisdictional boundaries on his or her route to
the emergency. Other exempted classes of vehicles apply
uniformly statewide. For this reason, the author or
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committee may wish to consider amendments to allow
physicians to access HOV lanes generally and delete the
discretion that individual agencies have under the current
version of the bill.
b. Definition of "physician." CMA intends that this bill
apply only to physicians that possess an M.D. (medical
doctor) or O.D. (doctor of osteopathy). The bill, however,
does not define "physician," the Vehicle Code does not
appear to contain a definition of "physician" that would
apply to HOV lane access and the bill does not define it.
The Labor Code, however, defines "physician" to include
"physicians and surgeons holding an M.D. or D.O. degree,
psychologists, acupuncturists, optometrists, dentists,
podiatrists, and chiropractic practitioners licensed by
California state law and within the scope of their practice
as defined by California state law." Because this
definition is much broader than is intended by the sponsor,
the author or committee may wish to consider an amendment
defining "physician" to mean those holding an M.D. or D.O.
degree.
c. HOT lane access. High-occupancy toll (HOT) lanes are
HOV lanes that allow single-occupant vehicles to access the
lane for a fee. It is unclear whether allowing physicians
to access HOV lanes would entitle them to access HOT lanes
without paying the fee, but CMA indicates that it is not
the intent of the bill to grant access to HOT lanes for
free. The author or committee may wish to consider an
amendment clarifying that a physician responding to an
emergency would still be liable for any toll or charges
incurred for use of a HOT lane.
RELATED LEGSILATION
SB 535 (Yee) deletes the sunset date to allow single-occupant
zero-emission and certain natural gas vehicles to access HOV
lanes. Assembly Transportation Committee.
AB 670 (Berryhill) would have allowed a veteran or active duty
member of the armed forces to access HOV lanes without regard to
occupancy standards. Failed passage in the Assembly
Transportation Committee.
AB 1500 (Lieu) extends the sunset date to allow certain
low-emission vehicles to access HOV lanes, regardless of vehicle
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occupancy, from January 1, 2011 until January 1, 2016. Senate
Rules Committee awaiting referral.
Assembly Votes:
Floor: 73-0
Trans: 10-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 10, 2009)
SUPPORT: California Medical Association (sponsor)
The American College of Obstetricians and
Gynecologists, District IX
OPPOSED: Alameda-Contra Costa Transit District