BILL ANALYSIS
SB 159
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Date of Hearing: June 22, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
SB 159 (Simitian) - As Amended: April 2, 2009
SENATE VOTE : 33-2
SUBJECT : Emergency vehicles and tow trucks
SUMMARY : Makes permanent the "move over" law, which prescribes
actions that drivers must take on a freeway when passing a
stopped emergency vehicle or tow truck with its warning lights
flashing because of an unusual traffic hazard or an extreme
hazard.
EXISTING LAW :
1)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 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.
2)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:
a) 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,
b) If the maneuver described in (a) 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.
3)Provides that a violation of this provision is punishable by a
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fine of not more than $50.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill seeks to make
permanent the "move over" law provisions developed originally
under SB 1610 (Simitian), Chapter 375, Statutes of 2006, which
established a three-year, statewide pilot project.
Currently, the National Conference of State Legislatures reports
that 43 states have some sort of move over law. Of these 43
states, 29 states apply their move over laws to emergency
vehicles only, while the remaining 14 states, including
California, apply their laws to both emergency vehicles and tow
trucks.
The number of states with move over laws has grown significantly
in recent years as traffic safety officials have pursued a
national campaign to pass move over laws and to educate the
public about the laws.
As required under SB 1610 (Simitian), Chapter 375, Statutes of
2006, the California Highway Patrol (CHP) issued its mandatory
report on the effectiveness of the statewide pilot project and
whether its applicability should be extended indefinitely.
Overall, the report concluded that although "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 through the one-year data comparison, the new law appears
to have had a positive effect by reducing collisions and
injuries involving stopped emergency vehicles and tow trucks."
CHP recommendation is to "remove the sunset clause and make SB
1610 requirements permanent California law."
CHP derived their results 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 make a
distinction between freeways and highways, nor does it record
whether a vehicle's emergency lights were displayed. CHP
reports issuing 106 citations over two years for violations of
the move over law. CHP notes that the limited number of
citation maybe related to officers being unable to leave a scene
of an incident if they are busy with that incident.
Between the years of 2006 and 2007, fatal collisions decreased
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by 37.5%, and fatal victims decreased by 44.4%. Concurrently,
injury collisions decreased by 7.3% and persons injured
decreased by 6.2%. CHP points out that "similar to other laws,
'move over' provisions will take time for the motoring public to
become aware and implement into their driving habits."
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.
Related legislation: SB 240 (Wright) of 2009, requires drivers
to 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. That bill passed out of the Senate
Transportation and Housing Committee by a 9 to 2 vote on March
31, 2009 and passed out of the Senate floor on a 30-2 vote. SB
240 is scheduled to be heard in the Assembly Transportation
Committee on June 29, 2009.
REGISTERED SUPPORT / OPPOSITION :
Support
Advocates for Highway and Auto Safety
Allied Driving School
Association of California Insurance Companies
Automobile Club of Southern California
California Ambulance Association
California Professional Firefighters
California State Automobile Association
California State Firefighters' Association, Inc.
California Tow Truck Association
Consumers for Auto Reliability and Safety
County of Santa Clara
County of Santa Cruz
Hamner Towing Inc.
Official Police Garages Association of Los Angeles
San Mateo County Sheriff
Opposition
None on file
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Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093