BILL ANALYSIS
AB 909
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 909 (Hill)
As Amended August 3, 2010
Majority vote
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|ASSEMBLY: | |(May 28, 2009) |SENATE: |26-8 |(August 12, |
| | | | | |2010) |
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(vote not relevant)
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|COMMITTEE VOTE: |10-0 |(August 23, 2010) |RECOMMENDATION: |Concur |
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Original Committee Reference: E. & R.
SUMMARY : Reduces the fine for violations involving a right turn
against a red light.
The Senate amendments delete the entire contents of this bill and
replace it with provisions to reduce the fine for violations
involving right turns on a red light.
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 30% of moneys collected for certain red light
violations to the general fund of the city or county in which the
offense occurred.
AS PASSED BY THE ASSEMBLY , this bill would have required polling
place workers to notify decline-to-state voters that they may
request partisan ballots at a primary election.
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
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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 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
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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 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.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0006723