BILL ANALYSIS
SB 240
Page 1
Date of Hearing: June 29, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
SB 240 (Wright) - As Amended: June 23, 2009
SENATE VOTE : 30-2
SUBJECT : Move over law: Department of Transportation (Caltrans)
vehicles
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 flashing amber
warning lights. This bill also adds Caltrans vehicles, under
specified conditions, to the move over law. Specifically, this
bill :
1)Makes permanent the "move over" law, which prescribes until
January 1, 2010, actions that drivers must take on a freeway
when passing a stopped emergency vehicle or tow truck that is
displaying its flashing amber lights.
2)Adds marked Caltrans vehicles displaying flashing amber
warning lights to the move over law.
3)Provides that move over law requirements do not apply to a
stationary authorized emergency, tow truck, or marked Caltrans
vehicle that is displaying flashing amber lights, if it is not
adjacent to the freeway or is separated from the freeway by a
protective physical barrier.
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 a 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
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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
fine of not more than $50.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill will result in minor and absorbable costs.
COMMENTS : This bill would make permanent the "move-over" law
provisions developed through the statewide pilot program under
SB 1610 (Simitian), Chapter 375, Statutes of 2006. Currently,
there are forty-one states that have move-over laws for either
police, emergency medical service, or emergency vehicles, or a
combination of each, and twenty-five states that have tow-truck
move-over laws.
A requirement under the pilot project was for the California
Highway Patrol (CHP) to issue a mandatory report to the
Legislature on the effectiveness of the 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."
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.
Additionally, this bill would add marked Caltrans vehicles to
the "move over" requirements in which motorists are to proceed
with the same caution that is currently required when
approaching stationary authorized emergency vehicles and tow
trucks, under similar circumstances. According to the author,
"Caltrans workers and their vehicles are put at risk when
motorists fail to approach these vehicles with due caution, slow
to a reasonable and prudent speed, and fail to move into an
available lane that is not immediately adjacent to the
stationary vehicle."
In 2007, three Caltrans employees died after being struck by
motorists while performing their job duties. According to the
sponsor, from 2002-2006, 70 Caltrans employees have been injured
by errant vehicles.
The author's intent is to protect Caltrans workers tending to a
highway accident or emergency from passing motorists who maybe
driving too fast in a highway work zone. The addition of
Caltrans vehicles to the existing law would also reinforce the
Caltrans public awareness campaign known as, "Slow for the Cone
Zone." This public awareness campaign warns California
motorists of the hazards associated with driving recklessly
through California's highway work zones and educates drivers of
the benefits of merging early, preparing for sudden stops,
avoiding distractions, and limiting speeding.
Related legislation : SB 159 (Simitian) of 2009, would make
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. This bill
passed out of the Assembly Transportation Committee 13-0 on June
22, 2009. SB 159 awaits presentation on the Assembly floor. It
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is important to note that the move-over sunset removal provision
that is included in SB 159 is also contained in this bill.
Previous legislation : Last year, AB 290 (De Leon) would have
applied until 2010 the move over law to drivers passing a marked
Caltrans' vehicle stopped on a freeway with its amber warning
lights flashing. The Governor vetoed that bill.
The Governor's veto message stated that AB 290 "contains a
provision that would inappropriately restrict the use of amber
warning lights by Caltrans workers in a manner that contradicts
the department's official policy, its maintenance manual, and
which if followed, could actually increase the danger to those
employees by prohibiting them from using the lights in
situations where doing so would be the safest course of action."
Additionally, the veto message points out that AB 290 "could
significantly increase the department's exposure to tort
liability by defining every instance where amber warning lights
are used as, implicitly, an unusual or extreme hazard."
In order to address the Governor's veto, this bill prescribes
that move-over law provisions would not apply to a stationary
authorized emergency, tow truck, or marked Caltrans vehicle that
are displaying flashing amber lights, if it is not adjacent to
the freeway or is separated from the freeway by a protective
physical barrier. This provision appears to satisfy concerns
related to prohibiting Caltrans' usage of amber lights under
certain circumstances and provides flexibility with existing
internal procedural guidelines, thereby removing liability
exposure.
REGISTERED SUPPORT / OPPOSITION :
Support
California/Nevada Conference International Operating Engineers
and State (Sponsor)
Professional Engineers in California Government
California State Automobile Association
Automobile Club of Southern California
Opposition
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None on file
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093