BILL ANALYSIS
SB 159
Page 1
SENATE THIRD READING
SB 159 (Simitian and Ashburn)
As Amended April 2, 2009
Majority vote
SENATE VOTE :33-2
TRANSPORTATION 13-0 APPROPRIATIONS 15-0
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|Ayes:|Eng, Jeffries, |Ayes:|De Leon, Nielsen, |
| |Blumenfield, Monning, | |Ammiano, |
| |Conway, Furutani, | |Coto, Davis, Duvall, |
| |Galgiani, | |Fuentes, Hall, Harkey, |
| |Bill Berryhill, Bonnie | |Miller, John A. Perez, |
| |Lowenthal, Miller, | |Skinner, Solorio, Audra |
| |Niello, John A. Perez, | |Strickland, Torlakson |
| |Torlakson | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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due regard for safety and traffic conditions, if practicable
and not prohibited by law; or,
b) If the maneuver described in a) 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.
3)Provides that a violation of this provision is punishable by a
fine of not more than $50.
FISCAL EFFECT : According to the Assembly Appropriations committee:
1)No state costs. Local crime mandate, not state reimbursable.
2)Minor penalty revenue gain (probably less than $5,000 per year.)
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, 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
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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 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.
Analysis Prepared by : Alejandro Esparza / TRANS. / (916) 319-2093
FN: 0001714