BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 909
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: hill
VERSION: 6/16/10
Analysis by: Jennifer Gress FISCAL: NO
Hearing date: June 22, 2010
SUBJECT:
Penalties: turning right on red
DESCRIPTION:
This bill reduces the base fine, from $100 to $35, for a
violation of turning right on red without stopping.
ANALYSIS:
Existing law requires drivers to stop at a red light and to
remain stopped until an indication to proceed is shown. Failing
to stop at a red light is a violation that carries a base fine
of $100. Unless turning right is prohibited at an intersection,
a driver may, after coming to a complete stop, turn right or
turn left from a one-way street onto another one-way street,
during a red light. Stopping, but then proceeding to make a
turn that is unsafe, for example by failing to yield to
pedestrians, is a violation with a base fine of $35.
This bill reduces the base fine, from $100 to $35, for a
violation of turning right on red without stopping. To
accomplish this, the bill distinguishes two types of right-turn
violations and exempts turning right on red without stopping
from the $100 fine.
COMMENTS:
1.Purpose . According to the author, the bill corrects a
drafting error made by AB 1191 (Shelley), Chapter 852,
Statutes of 1997, which inadvertently increased the base fine
for turning right on red without stopping. AB 1191 increased
the base fine for red light violations from $35 to $100, but
expressly exempted from the increase right-hand turns. The
AB 909 (HILL) Page 2
intent of increasing the fine was simply to discourage red
light running as it presents a high risk of collision and to
ensure that the penalty assigned to a violation reflects the
seriousness of the offense. Right turns on red were exempted
from the increase because these violations are considered less
dangerous than proceeding straight through an intersection or
turning left while a light is red.
As the use of photo enforcement increased, it became evident
that many violations captured using red light cameras were for
right-turn violations and that the resulting base fines were
typically $100 instead of $35. Upon further investigation it
was discovered that law enforcement distinguishes, and cites
for, two types of right-turn violations. The first type of
right-turn violation occurs when a driver comes to a complete
stop and then proceeds to make a right turn that is unsafe.
Law enforcement cites this violation using the lower fine
amount. The second violation occurs when a driver approaches
an intersection and turns right without coming to a complete
stop (i.e., "California stop"). Because the driver never
comes to a complete stop, law enforcement cites this violation
as a failure to stop, which is assessed the $100 fine.
Because law enforcement cites these two types of right-turn
violations differently, the bill distinguishes the two types
of right-turn violations and exempts turning right on red
without stopping from the fine increase imposed by AB 1191.
The consequences of the fine increase have recently gained
attention because of the proliferation of red light cameras
and the resulting increase in citations for red light running.
Reports have shown that at many intersections where red light
cameras are employed, most of the tickets are for
right-turn-on-red violations. At one intersection in South
San Francisco, 98 percent of the 672 red-light violations
processed in a two-month period were for right-turn-on-red
violations.
While turning right-on-red represents the majority of red
light violations, data provided by the author suggest that
turning right on red results in fewer collisions than running
straight through an intersection or turning left on red.
Nationwide, 762 people were killed and an estimated 137,000
injured in crashes involving red-light running in 2008,
according to the Insurance Institute for Highway Safety, but
only ten percent of those collisions involved drivers turning
right without stopping.
AB 909 (HILL) Page 3
The author contends that lowering the fine amount also has the
potential to reduce the unintended consequence red light
cameras are having on local courts. In a recent report, a San
Mateo County Civil Grand Jury found 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 to the traffic court."
The report went on to state, "The San Mateo County Superior
Court system has become overwhelmed with citizens challenging
the $446 citation. The number of citations that the Superior
Court must adjudicate from red light cameras has increased
significantly [by 80 percent] from 2008 to 2009."
By distinguishing the two types of right-turn violations and
exempting right-turns without stopping from the $100 fine,
this bill reduces the fine for the majority of less serious
red light violations, upholds the intent of AB 1191, and
ensures that the punishment fits the crime.
2.Total bail amounts . Penalty assessments and court fees are
added to base fines that result in a total bail that is
significantly higher than the base fine. The total bail
amounts for each of the base fines relevant to this bill are
identified below.
$35 base fine + $111 in penalty assessments + $65 in court
fees = $211 total.
$100 base fine + $280 in penalty assessments + $65 in court
fees = $445 total.
3.Technical amendments . To correct drafting errors, the author
or committee may wish to consider the following technical
amendments:
In subdivision (a) of Section 21453 after "left" insert
", except a left turn from a one-way street onto a one-way
street,"
In subdivision (a) of Section 21453, strike ", except as
provided in subdivision (b)"
Strike subdivision (b) of Section 42001.15.
The Assembly votes are not relevant.
POSITIONS: (Communicated to the Committee before noon on
AB 909 (HILL) Page 4
Wednesday,
June 16, 2010)
SUPPORT: None received.
OPPOSED: California Police Chiefs Association