BILL ANALYSIS
SB 240
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Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 240 (Wright) - As Amended: June 23, 2009
Policy Committee:
TransportationVote:14-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Eliminates the January 1, 2010 sunset date for the "move-over"
law, which prescribes actions that drivers must take on a
freeway when passing a stopped emergency vehicle or tow truck
displaying 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 if an
applicable vehicle is not adjacent to the freeway or is
separated from the freeway by a protective physical barrier.
FISCAL EFFECT
Minor non-reimbursable costs to local governments for
enforcement, offset to some extent by fine revenues.
COMMENTS
1)Background . SB 1610 (Simitian)/Chapter 375 of 2006, required
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 infraction punishable by a
fine of up to $50.
SB 240
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2)Purpose . The bill makes permanent the move-over law that SB
1610 created as a three-year, statewide pilot project.
Earlier this year, the CHP issued its report required under SB
1610, which 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."
Additionally, the bill adds marked Caltrans vehicles to the
"move over" requirements. In 2007, three Caltrans workers
died after being struck by motorists while performing their
job duties. According to the sponsor-the California/Nevada
Conference of International Operating Engineers-from 2002
through 2006, 70 Caltrans employees were injured by errant
vehicles.
3)Related Legislation . SB 159 (Simitian), pending in the
Assembly, also eliminates the sunset on the "move-over" law.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081