BILL ANALYSIS
AB 909
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Date of Hearing: August 23, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 909 (Hill) - As Amended: August 3, 2010
SUBJECT : Right turn on red violations
SUMMARY : Reduces the fine for violations involving a right turn
against a red light by recasting provisions that require a
driver to stop at a red light and that allow the driver to turn
right after 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)Allocates the first thirty percent of moneys collected for
certain red light violations to the general fund of the city
or county in which the offense occurred.
FISCAL EFFECT : Unknown, but there will undoubtedly be a
reduction in revenues from fines and penalties.
COMMENTS : According to the author, the intent of AB 909 is to
correct a drafting error made by 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 1911 was intended to target drivers going straight though
intersections or making left turns against a red light,
violations which can result in catastrophic right-angle
collisions. AB 1191 raised the fine for these violations from
$35 to $100 to more accurately reflect the seriousness of the
violation.
AB 1191 was not, apparently, intended to raise the fine for
right-turn-on-red violations. However, because of ambiguity in
the cross references within provisions governing red lights and
with the advent of automated traffic enforcement systems (a.k.a.
red light cameras), AB 1191 has resulted in an increased number
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of drivers being cited and penalized at the higher fine rate for
right-turn-on-red violations. In fact, the author asserts that
right-turn-on-red violations make up the vast majority of
citations issued by automated traffic enforcement systems.
These violations, resulting in a $100 fine, include drivers that
either fail to come to a complete stop before making a right
turn on red or that stop beyond the limit line before turning
right.
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, for instance,
include failure to yield to an emergency vehicle, throwing
lighted materials on the highway, and failure to use child
safety seats. Violations resulting in a $35 fine include
failing to yield right of way in a crosswalk or unsafe turn or
lane change.
A recent San Mateo County Civil Grand Jury report found "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 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.
This bill seeks to lower the fine for violations involving right
turns on red so that the monetary penalties are more equitable
in the context of other traffic violations.
Supporters of this bill, including the California State
Automobile Association and the Automobile Club of Southern
California, argue that the lower fine for right turns on red is
more appropriate for the magnitude of the crime and that even at
a $35 fine, the resultant monetary penalty (around $250) is
still a sufficient deterrence. The Teamsters suggest that
lowering the fine is appropriate because turning right on a red
light does not involve the same kind of risk factors as the
typical a red light violation and, therefore, should not have
the same fine as riskier behaviors (such as running straight
through the intersection on a red light).
Opponents of this bill argue that the bill trivializes conduct
that can kill or injure others, such as pedestrians or
bicyclists in a crosswalk. Senior advocates are especially
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concerned that a high percentage of motorists already violate
the right turn restrictions and that AB 909 will send the wrong
message to the public and further decrease pedestrian safety.
The League of California Cities (League) opposes this bill
arguing that, rather than relieve courts of the burden of
adjudicating these citations, AB 909 will actually make the
situation worse. The League argues that this bill will not
reduce the number of citations issued for right turn violations,
only the revenues that cities receive from fines. The League is
further concerned that AB 909 will negatively affect cities'
ability to use automated traffic enforcement tools because of
reduced revenues from citations.
REGISTERED SUPPORT / OPPOSITION :
Support
Automobile Club of Southern California
California State Automobile Association
California Teamsters Public Affairs Council
Opposition
Association for Los Angeles Deputy Sheriffs
California Fraternal Order of Police
California Police Chiefs Association
California State Sheriffs' Association
California Walks
Coalition for Sustainable Transportation
League of California Cities
Long Beach Police Officers Association
Los Angeles County Police Chiefs Association
Los Angeles County Professional peace Officers Association
Riverside Sheriffs Association
Santa Ana Police Officers Association
Senior Action Network
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093