BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 159
                                                                  Page  1

          Date of Hearing:   July 1, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   SB 159 (Simitian) - As Amended:  April 2, 2009 

          Policy Committee:                              
          TransportationVote:13-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill repeals the existing January 1, 2010 sunset date on  
          the provisions of the "move-over" law. Specifically, the bill  
          permanently extends:

          1)The requirement that drivers on a freeway move over or slow  
            down when approaching and passing a stationary emergency  
            vehicle or tow truck that is displaying flashing amber warning  
            lights.

          2)The prohibition against tow trucks displaying flashing amber  
            warning lamps on a freeway except when an unusual traffic  
            hazard or extreme hazard exists. 
           
          FISCAL EFFECT  

          1)No state costs. Local crime mandate, not state reimbursable.

          2)Minor penalty revenue gain (probably less than $5,000 per  
            year.)

           COMMENTS  

           1)Background  . Existing law, SB 1610 (Simitian), Chapter 375 of  
            2006, requires drivers approaching an emergency vehicle or tow  
            truck that is stopped on the roadway with its warning lights  
            flashing to merge into an adjacent lane to open up a lane  
            between traffic and the emergency vehicle or tow truck, if  
            safely possible.  Otherwise the driver is required to slow to  
            a safe speed and proceed with due care or as directed by a  
            traffic officer.  A violation of this provision is an  








                                                                  SB 159
                                                                  Page  2

            infraction punishable by a fine of up to $50.  Existing law  
            also prohibits a tow truck from displaying flashing warning  
            lights on a freeway except when an unusual traffic hazard or  
            extreme hazard exists.  These provisions are scheduled to  
            sunset on January 1, 2010.

           2)Purpose  . The bill is intended to make permanent the move-over  
            law that his SB 1610 created as a three-year, statewide pilot  
            project. Earlier this year, the CHP issued its report required  
            under SB 1610. It 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."
           
          3)Related legislation  :  This bill is similar to SB 240 (Wright)  
            of 2009, which applies to Caltrans Vehicles, as well as  
            emergency vehicles and tow trucks. The measure was scheduled  
            to be heard in the Assembly Transportation Committee on June  
            29, 2009.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081