BILL ANALYSIS
SB 1394
Page 1
SENATE THIRD READING
SB 1394 (Kehoe)
As Amended April 13, 2010
Majority vote
SENATE VOTE :34-0
TRANSPORTATION 12-0 APPROPRIATIONS 17-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Conway, |
| |Jeffries, | |Bradford, |
| |Bill Berryhill, | |Charles Calderon, Coto, |
| |Blumenfield, Buchanan, | |Davis, |
| |Eng, Furutani, Galgiani, | |De Leon, Gatto, Hall, |
| |Hayashi, Miller, Niello, | |Harkey, Miller, Nielsen, |
| |Portantino | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Allows the removal of an illegally parked vehicle that
prevents access to the scene of an emergency. Specifically, this bill
allows:
1)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)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 : According to the Assembly Appropriations Committee
analysis, state costs, if any, would be minor and absorbable.
COMMENTS : According to the author, this bill is needed to help
facilitate safe driving conditions, to promote the public welfare, and
SB 1394
Page 2
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 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.
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093 FN:
0005358