BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2245|
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                                 THIRD READING


          Bill No:  AB 2245
          Author:   Hill (D)
          Amended:  4/21/10 in Assembly
          Vote:     21

           
           SENATE TRANS. & HOUSING COMMITTEE  : 5-3, 0 6/15/10
          AYES:  Lowenthal, DeSaulnier, Kehoe, Pavley, Simitian
          NOES:  Huff, Ashburn, Harman
          NO VOTE RECORDED:  Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  48-26, 5/13/10 - See last page for vote


           SUBJECT  :    Vehicles:  aftermarket horns

           SOURCE  :     Author


           DIGEST  :    This bill prohibits a vehicle from being  
          equipped with an aftermarket horn that emits a sound  
          greater than 110 decibels.

           ANALYSIS  :    Existing law requires that a motor vehicle  
          must have a horn in good working order and capable of  
          emitting sound audible at 200 feet in order to operate  
          legally on the streets and highways in this state.  A  
          vehicle horn may not, however, emit an unreasonably loud or  
          harsh sound. 

          This bill prohibits a vehicle from being equipped with an  
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          aftermarket horn that emits a sound greater than 110  
          decibels [dB(A)].

           Comments
           
          In response to complaints about what was thought to be  
          excessive train noise in the San Mateo County district, the  
          author's office reports that the has been working with the  
          Unite States 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 their  
          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 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           ARGUMENTS IN SUPPORT  :    The author's office state that  
          aftermarket car horns can emit decibel levels of over 170  
          and are marketed in a way that is clearly not for the  
          benefit of public health or safety.  The author's office  
          notes that one of the producers of these products even has  
          a YouTube video on their website titled, "Scaring People  
          with A Train Horn" that shows a car equipped with one of  
          these devices driving around scaring pedestrians and  
          drivers.  Because existing law limits train horns to 110  
          decibels and because the average vehicle horn is about 110  
          decibels, that author's office asserts that it is  







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          appropriate to set a limit for car horns at that level, the  
          author's office further note that these products could  
          still be sold as this bill simply prohibits a vehicle from  
          being equipped with a horn that emits a sound in excess of  
          110 decibels.  


          ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Bass, Beall, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,  
            Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jones, Lieu, Bonnie Lowenthal, Ma, Monning, Nava, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana,  
            Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,  
            John A. Perez
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,  
            Garrick, Gilmore, Harkey, Jeffries, Knight, Logue,  
            Miller, Nestande, Niello, Nielsen, Silva, Smyth, Audra  
            Strickland, Tran, Villines
          NO VOTE RECORDED:  Caballero, Hagman, Mendoza, Norby,  
            Skinner, Vacancy


          JJA:do  6/29/2010   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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