BILL ANALYSIS �
AB 1722
Page 1
Date of Hearing: April 9, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1722 (Alejo) - As Amended: April 9, 2012
SUBJECT : California Department of Transportation: changeable
message signs
SUMMARY : Requires, prior to June 30, 2013, the California
Department of Transportation (Caltrans) to update its policies
regarding changeable message signs, as prescribed.
Specifically, this bill :
1)Requires Caltrans to update its internal policies to allow the
following specific types of changeable message signs displays:
a) Safety messages;
b) Transportation-related messages;
c) Reminders to register to vote; and,
d) Reminders to vote as elections approach.
1)Defines "changeable message sign."
2)Provides that this bill's provisions are not intended to alter
the requirements of the Emergency Alert System or the Amber
Plan, as specifically referenced.
EXISTING LAW :
1)Directs Caltrans, based on consultation with local agencies
and after holding public hearings, to adopt and publish rules
and regulations prescribing uniform traffic control standards.
Caltrans publishes these rules, regulations and standards in
the California Manual on Uniform Traffic Control Devices
(California MUTCD).
2)Provides that only those official traffic control devices that
conform to the California MUTCD may be placed on a street or
highway.
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FISCAL EFFECT : Unknown
COMMENTS :
Background : Existing federal law requires all states to follow
the federal Manual on Uniform Traffic Control Devices (MUTCD),
or to at least substantially comply with it. The federal MUTCD
prescribes standards for signs, signals, and pavement markings
throughout the nation. California has adopted its own MUTCD,
which has been approved by federal officials as being
"substantially in compliance"" with the federal MUTCD-i.e.,
California's MUTCD has been found to be at least as restrictive
as the federal MUTCD.
In California, development of the California MUTCD is the
responsibility of the California Traffic Control Devices
Committee (CTCDC). The CTCDC is convened and chaired by
Caltrans and the committee's membership includes eight voting
members representing the California Highway Patrol, the League
of California Cities, the California State Association of
Counties, and auto clubs. Meetings of the CTCDC serve as
requisite public hearings prior to promulgating rules related to
traffic signs, signals, and pavement markings.
Both the federal and California MUTCDs include provisions
governing changeable message signs. These provisions stipulate
that changeable message signs have a large number of
applications, including but not limited to:
1)Incident management and route diversion;
2)Warning of adverse weather conditions;
3)Special event applications associated with traffic control or
conditions;
4)Control at crossing situations;
5)Lane, ramp, and roadway control;
6)Priced or other types of management lanes;
7)Travel times;
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8)Warning situations;
9)Traffic regulations;
10)Speed control; and,
11)Destination guidance.
Both the federal and the California MUTCD also limit the use of
changeable message signs to traffic operations, regulatory,
warning and guidance information. The use of changeable message
signs for advertising is prohibited; however, safety- and
transportation-related messages such as, "DON'T DRINK AND
DRIVE," "SEAT BELT BUCKLED?," and "OZONE ALERT CODE RED-USE
TRANSIT" are authorized.
Discussion : According to the author, "AB 1722 would use an
existing state infrastructure to increase motorists' awareness
of an important civic duty of participating in our state's
democracy. Adding upcoming voter registration deadlines and
Election Day to the list of other current sign display messages
is an innovative way to use our state's technology to increase
civic engagement."
The author further asserts that the means by which the state can
outreach to voters has become increasingly constrained because
of the current fiscal climate. The author has introduced this
bill to increase civic engagement by displaying election-related
reminders on changeable message signs for motorists to read.
Generally, Caltrans' policy relative to signs is to minimize the
number of signs whenever possible, in part, to avoid "sign
information overload" which can interfere with motorist ability
to assimilate information and respond properly and safely to
roadway situations. In fact, both the federal and California
MUTCD provide that, "Traffic control devices or their supports
shall not bear any advertising message or any other message that
is not related to traffic control." According to the Federal
Highway Administration, "This position is founded on safety and
operational concerns, particularly as related to driver
distraction. Highway signs and other traffic control devices
convey crucial information. In order for road users to perceive
and respond appropriately to critical information, we must make
sure that its conspicuity is preserved so that the safe and
orderly movement of traffic is not compromised."
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Application of these standards has not always been consistent,
however, In fact, Caltrans itself applied to the Federal
Highway Administration (FHWA) in 2008 for a waiver to allow
California to sell advertising on its changeable message signs
as a way to raise revenue, despite the policy concerns regarding
driver distractions. (FHWA never approved the waiver request.)
Additionally, changeable message signs are regularly used to
notify motorists of abducted persons via "Amber Alerts," which
are not technically transportation or safety related.
Committee concerns : The committee is concerned that displaying
non transportation- or safety-related messages will lessen the
effectiveness of the changeable message signs and reduce the
safety benefits the signs otherwise provide. Furthermore, this
bill sets bad precedent in the use of signs for reasons other
than their intended purposes and would undoubtedly lead to
efforts to use the signs for other, equally admirable effects,
for example, encouraging motorists to donate blood, read books
to children, or develop healthy lifestyles. A proliferation of
these other types of messages would further reduce the
effectiveness of the changeable message signs on motorist
safety.
REGISTERED SUPPORT / OPPOSITION :
Support
Common Cause
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093