BILL ANALYSIS
SB 1394
Page 1
Date of Hearing: June 14, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 1394 (Kehoe) - As Amended: April 13, 2010
SENATE VOTE : 34-0
SUBJECT : Vehicle impoundment
SUMMARY : Allows the removal of an illegally parked vehicle that
prevents access to the scene of an emergency. Specifically,
this bill :
1)Allows a peace officer, traffic officer or parking officer to
remove a vehicle that is illegally parked and is blocking the
entrance to a driveway if it is impractical to move the
vehicle from in front of the driveway to another point on the
highway.
2)Allows such an officer to remove a vehicle that is illegally
parked so as to prevent access to the scene of an emergency by
an authorized emergency vehicle or associated equipment, if it
is impracticable to move the parked vehicle to another point
on the highway.
EXISTING LAW : Allows peace, traffic and parking officers to
remove vehicles under any of 21 specified circumstances,
including when a vehicle is left unattended and causes an
obstruction of traffic, when it is found on a highway and has
previously been reported as stolen, or when it is left standing
for more than four hours on the right-of-way of a freeway.
FISCAL EFFECT : Unknown. This bill was withdrawn from the
Senate Appropriations Committee pursuant to Senate Rule 28.8.
COMMENTS : According to the author, this bill is needed to help
facilitate safe driving conditions, to promote the public
welfare, and to give emergency responders the flexibility to
secure access to fire fighting or other equipment. First
responders to an emergency often include the fire department,
police department, and paramedics. In some instances,
responders to an emergency may include city utility and
maintenance crews. Except for the specific case of fire
hydrants, these emergency responders do not have the authority
SB 1394
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to request removal of vehicles that illegally obstruct their
activities. This bill provides such authority because gaining
access to equipment and to the infrastructure needed to address
an emergency is critical to public health and welfare. As
various supporters point out, "Being able to quickly assess the
scene of an emergency is of vital importance to police, fire and
all emergency responders and their vehicles."
In addition, while current law clearly provides the authority to
remove cars illegally parked on private driveways, the statute
does not address cars illegally parked in public driveways.
Vehicles blocking such driveways also pose a risk to public
safety and welfare and the authority to cause their removal is
therefore included in this bill as well.
REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles Deputy Sheriffs
California Ambulance Association
California Public Parking Association
Golden Rain Foundation of Laguna Woods
Los Angeles Police Protective League
Los Angeles County Probation Officers Union
Official Police Garage Association of Los Angeles
Orange County Professional Firefighters Association
Riverside Sheriffs Association
Opposition
None on file
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093