BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 159|
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THIRD READING
Bill No: SB 159
Author: Simitian (D) and Ashburn (R)
Amended: 4/2/09
Vote: 21
SEN. TRANSPORTATION & HOUSING COMMITTEE : 9-2, 3/31/09
AYES: Lowenthal, Ashburn, DeSaulnier, Harman, Kehoe,
Oropeza, Pavley, Simitian, Wolk
NOES: Huff, Hollingsworth
NO VOTE RECORDED: Vacancy, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 10-0, 4/20/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Runner, Wolk, Yee
NO VOTE RECORDED: Oropeza, Walters, Wyland
SUBJECT : Emergency vehicles and tow trucks
SOURCE : Author
DIGEST : This bill makes permanent the move over law,
which prescribes until 2010 actions that drivers must take
on a freeway when passing a stopped emergency vehicle or
tow truck with its warning lights flashing.
ANALYSIS : Existing law requires the driver of a vehicle,
upon the immediate approach of an emergency vehicle that is
sounding a siren and has at least one lighted lamp
exhibiting red light, as specified, to yield the
right-of-way and immediately drive to the right-hand edge
CONTINUED
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or curb of the highway that is clear of an intersection,
stop, and remain stopped until the authorized emergency
vehicle has passed, except as otherwise directed by a
traffic officer.
SB 1610 (Simitian), Chapter 375, Statutes of 2006, which
established the "move over" law, requires that until
January 1, 2010, a person driving a vehicle on a freeway
that is approaching a stationary emergency vehicle
displaying its emergency lights or a stationary tow truck
displaying its flashing amber warning lights to approach
with due caution and proceed to do one of the following:
1.Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle or tow truck
with due regard for safety and traffic conditions, if
practicable and not prohibited by law; or
2.If the maneuver described in #1 above would be unsafe or
impracticable, slow to a reasonable and prudent speed
that is safe for existing weather, road, and vehicular or
pedestrian traffic conditions.
Violation of this provision is punishable by a fine of not
more than $50.
SB 1610 also provides that until January 1, 2010, a two
truck shall not display flashing amber warning lamps on a
freeway except when "an unusual traffic hazard or extreme
hazard exists."
SB 1610 required the California Highway Patrol (CHP) to
report to the Legislature by January 1, 2009 on the law's
effect on the safety of emergency responders and on the
motoring public.
This bill repeals the January 1, 2010 sunset date on these
provisions of law thereby making permanent the requirement
that drivers move over or slow down when passing a stopped
emergency vehicle displaying its emergency lights or tow
truck that is displaying its warning lights because of an
unusual traffic hazard or an extreme hazard.
CHP Report . Earlier this year, the CHP issued its report
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required under SB 1610, and concluded that "there is no
absolute measurement to determine what impact SB 1610 has
had on increasing the safety of emergency personnel and/or
the motoring public. However, despite the one-year data
comparison, the new laws appear to have had a positive
effect by reducing collisions and injuries involving
stopped emergency vehicles and tow trucks."
The CHP drew this conclusion by comparing accident data for
2006, before SB 1610 took effect, and for 2007, the first
year it was in effect. CHP's accident data, however, does
not always differentiate between freeways and highways, nor
does it record whether a vehicle's emergency lights were
displayed. Finally, SB 1610 also enacted a provision,
which will not sunset, that made it illegal to operate a
vehicle in an unsafe manner within an emergency incident
zone, which state law defines as an area within 500 feet
and in the same direction of travel as a stopped emergency
vehicle that has its emergency lights activated. CHP is
unable to separate the effect of this law from the move
over law in determining the decrease in accidents.
The CHP reports issuing 106 citations over two years for
violations of the move over law. This is a very low
number, given that casual observation suggests the law is
not widely observed. CHP notes in its report in
explanation of this low number that officers on the scene
of an incident are busy with that incident and therefore
not able to leave the scene to issue citations. CHP
further indicates in its report that it is planning a
driver education campaign about the move over law,
including working with the Department of Motor Vehicles
(DMV) to include information about the law in the DMV
handbook.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
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Local mandate Non-reimbursable, local crime
disclaimer Local
Penalty revenue Minor penalty revenue gains
Various
SUPPORT : (Verified 4/21/09)
AAA of Northern California
Advocates for Highway & Auto Safety
Allied Driving School
Association of California Insurance Companies
Automobile Club of Southern California
California Ambulance Association
California Professional Firefighters
California State Firefighter Association
California Tow Truck Association
Consumers for Auto Reliability and Safety
Hammer Towing, Inc.
Official Police Garages Association of Los Angeles
Sheriff of San Mateo County
Sheriff of Santa Cruz County
ARGUMENTS IN SUPPORT : The Association of California
Insurance Companies states in support, "The new safety
measures were enacted by SB 1610 (Simitian, 2006) which
established 'emergency incident zones' around an emergency
vehicle with its emergency lights activated. The bill also
required the California Highway patrol to report to the
Legislature the impact the new laws had on the safety of
emergency responders and the motoring public.
"The CHP released the study in September 2008 and found
that the new laws resulted in an 'overall decrease in fatal
injury and collisions and fatal and injury victims
involving stopped emergency vehicles and tow trucks.' The
CHP also noted that the Department is looking to develop a
drive education campaign and highlight the new laws and
improve driver awareness. Finally, the CHP recommended
that the sunset be removed thereby making the new program
permanent."
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JJA:cm 4/22/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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