BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2245
                                                                  Page  1

          Date of Hearing:   April 19, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                     AB 2245 (Hill) - As Amended:  April 6, 2010
           
          SUBJECT  :  Vehicle horns: sound levels

           SUMMARY  :  Prohibits a vehicle's horn from emitting a sound in  
          excess of an unspecified sound level as measured in decibels  
          (dB(A)).  Specifically,  this bill  :  

           EXISTING LAW  :  Requires any motor vehicle operating on a highway  
          to be equipped with a horn in good working order and capable of  
          emitting sound audible under normal conditions from a distance  
          of not less than 200 feet, and prohibits the horn from emitting  
          an unreasonably loud or harsh sound.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  In response to complaints about what was thought to  
          be excessive train noise in his San Mateo County district, the  
          author reports that he has been working with the US Department  
          of Transportation's Federal Railroad Administration (FRA), local  
          governments, constituents, and the railroad industry.  FRA  
          recently conducted a study on freight train horns in the cities  
          of South San Francisco, Burlingame, and San Mateo at his  
          request.  The study concluded that the train horns are sounding  
          within the legally prescribed decibel limit at each grade  
          separation.  However, FRA staff informed the author that  
          aftermarket car horns had been identified as a possible factor  
          leading to these complaints.  

          Aftermarket car horns are currently available to consumers and  
          can produce decibel levels that meet and possibly exceed 110  
          dB(A) - the decibel limit that the author proposes to amend into  
          the bill.  These horns also imitate train horns and can be  
          confusing and dangerous to drivers and pedestrians.  This bill  
          would still allow for the sale of these aftermarket products as  
          long as they meet the prescribed decibel standard.

          The current standard for noise from a car horn is that it may  
          not be unreasonably loud or harsh.  A standard that identifies a  
          specific decibel level would appear to be a much more objective  
          criterion.  Some might question how a law enforcement agency  








                                                                  AB 2245
                                                                  Page  2

          would administer this standard as most traffic officers are  
          unlikely to be in possession of sound measurement equipment.  It  
          is possible, however, that in a given community where car horns  
          are perceived to be a problem, the local police or sheriffs  
          might choose to carry such equipment in response to public  
          clamor for relief.

           Author's amendments  :  The author proposes to amend the bill to  
          specify that it applies only to horns purchased as aftermarket  
          equipment and to create a decibel limit of 110 dB(A) for these  
          horns.  Such a limit would be consistent with federal  
          regulations for train horns (Code of Federal Regulations,  
          Railroad Locomotive Safety Standards, 49CFR 229.129) and as well  
          as the decibel level that is typical for the average horn on a  
          new car.  Aftermarket horns are purported to be as loud as 170  
          dB(A). 

           REGISTERED SUPPORT / OPPOSITION  :  
          Support  

          None received

           Opposition 
           
          None received
           

          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093