BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2245
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2245 (Hill)
          As Amended  April 21, 2010
          Majority vote 

           TRANSPORTATION      8-4         APPROPRIATIONS      12-5         
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Fuentes, Ammiano,         |
          |     |Blumenfield, Buchanan,    |     |Bradford,                 |
          |     |Eng, Furutani, Galgiani,  |     |Charles Calderon, Coto,   |
          |     |Hayashi, Solorio          |     |Davis,                    |
          |     |                          |     |De Leon, Hall, Skinner,   |
          |     |                          |     |Solorio, Torlakson,       |
          |     |                          |     |Torrico                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Jeffries, Bill Berryhill, |Nays:|Conway, Harkey, Miller,   |
          |     |Miller, Niello            |     |Nielsen, Norby            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Prohibits a motor vehicle from being equipped with an  
          aftermarket horn emitting a sound in excess of 110 dB(A).  

           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  :  According to the Assembly Appropriations Committee  
          analysis, there will be local enforcement costs that are not  
          reimbursable.  

           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.  







                                                                  AB 2245
                                                                  Page  2



          Aftermarket car horns are currently available to consumers and can  
          produce decibel levels that far exceed 110 dB(A) - the sound limit  
          that currently applies to locomotives.  These car 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 110 dB(A) 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 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.  

           
          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093 FN:  
          0004197