BILL ANALYSIS �
AB 2477
Page 1
Date of Hearing: April 16, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2477 (Garrick) - As Amended: April 23, 2012
SUBJECT : Commercial vehicles: video event recorders
SUMMARY : Authorizes video event recording devices to be placed
on the upper center portion of a commercial vehicle's
windshield. Specifically, this bill :
1)Makes findings and declarations regarding:
a) The federal exemption regarding the mounting video
event recorders;
b) Studies showing that use of video event recorders has
resulted in a reduction in safety-related events; and,
c) The Legislature's intent to adopt policy equivalent to
the federal exemption for the placement of video event
recorders in commercial motor vehicles.
2)Authorizes video event recorders to be mounted in the upper
middle portion of a commercial vehicle's windshield in an area
no more than 2-inches below the upper edge of the area swept
by the windshield wipers and outside the driver's line of
sight to the road and highway signs.
3)Provides that the authorization becomes inoperative when the
California Highway Patrol (CHP) declares the federal exemption
has expired or when the CHP declares that a subsequent renewal
of the federal exemption has expired, whichever is later.
4)Makes related, clarifying amendments.
EXISTING LAW :
1)Prohibits a person from driving a motor vehicle with any
object in the windshield that obstructs or reduces the
driver's clear view.
2)Provides various exceptions for mounting objects on a
vehicle's windshield including placement of a video event
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recorder in the following locations:
a) In a 7-inch square in the lower corner of the windshield
farthest removed from the driver outside of an airbag
deployment zone;
b) In a 5-inch square in the lower corner of the windshield
nearest the driver outside of an airbag deployment zone;
and,
c) In a 5-inch square area in the center uppermost portion
of the interior of the windshield.
3)Defines a video event recorder as device that continuously
records, in a digital loop, audio and video images and only
saves these recordings when triggered by an unusual motion or
crash or when operated by a driver to monitor driver
performance.
4)Requires that a vehicle equipped with a video event recorder
have a notice posted in a visible location that tells
passengers that their conversations may be recorded.
5)Requires that video event recorders store no more than 30
seconds before and after a triggering event.
6)Specifies that the registered owner or lessee of a vehicle may
disable the video event recorder.
7)Provides, under a federal exemption, that video event
recorders may, until April 13, 2013, be placed at the top of
the windshield of commercial motor vehicles in an area not
more than 2 inches below the upper edge of the area swept by
the windshield wipers and outside of the driver's line of
sight to the roadway and highway signs.
FISCAL EFFECT : Unknown
COMMENTS: The author has introduced this bill to conform state
law to a federal exemption that authorizes the placement of
video event recorders near the upper center of a commercial
vehicle's windshield (in an area generally below the rear view
mirror). The author believes that the federal exemption
provides optimal placement of video event recorders over state
requirements that specify video event recorders must be placed
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in the lower right- or left-hand corner of the windshield or in
the upper center of the windshield (generally above the rearview
mirror).
The author and sponsor suggest that placing video event
recorders in the area allowed by state law compromises the
ability of the camera to record suitable images both inside and
outside of the vehicle because of the severe angles that must be
used to capture images and because of potential obstructions
presented when cameras are aimed across the dashboard,
passengers, or the rearview mirror. Supporters agree that
placing a camera in the area allowed by in the federal exemption
allows better, unobstructed views to be captured both inside of
and outside of the vehicle. With better camera footage,
meaningful information can be derived thereby increasing safety.
Studies performed by the Federal Motor Carrier Safety
Administration (FMCSA) showed that carriers who used video event
recorders in this location experienced a drastic reduction in
safety-related events. In particular, one carrier reduced
safety-related up to 52% and severe safety-related events were
decreased by more than 59%.
Since the federal exemption is in place, interstate commercial
vehicles travelling in California are already authorized to have
video event recorders placed in accordance with the exemption.
Intrastate commercial vehicles, however, must abide by the
requirement in statute that specifies per AB 1942 (Fletcher),
Chapter 458, Statutes of 2010, that the camera must be placed
outside of the airbag deployment zone in a seven inch square on
the lower right-hand corner of the windshield, or a five inch
square in the lower left-hand corner of the windshield or in a
5-inch square area in the center, uppermost portion of the
interior windshield. If a video event recorder is used, a
notice must also be posted in a visible place in the vehicle
that notifies passengers that their conversations are being
recorded.
Placement of video event recorders in commercial vehicles was
authorized by the FMCSA based on recommendations by the National
Transportation Safety Board (NTSB). The NTSB also recommended
that motor carriers review the video event recorder images in
conjunction with other performance data to verify that driver
actions are being carried out in accordance with company rules,
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regulations, and procedures.
According to the author and sponsor, AB 2477 brings state law
into conformity with the federal exemption. The author argues
that this conformity will enhance the further adoption of video
event recorder technology in California which in turn will deter
unsafe driving behavior and improve the overall level of safety
for the motoring public. The author notes that based on
available technical information, there is no evidence that
mounting these devices in the area allowed by the federal
exemption obstruct drivers' views of the roadway, highway signs,
or surrounding traffic.
Author's amendments : The American Civil Liberties Union (ACLU)
has expressed possible concerns with drafting errors in the
bill. The author has committed to work with the ACLU to redraft
the bill to fully remove their opposition.
Related Legislation :
SB 1534 (Harman) of 2012, would authorize local government
agencies to require a taxicab to be equipped with a video event
recorder, specify the video event recorder's operating
specifications and parameters, and authorize specified entities
to review the images captured by the video event recorder.
Previous Legislation : AB 1942 (Fletcher) Chapter 458, Statutes
of 2010, authorized the placement of video event recorders in
vehicle.
AB 213 (Leslie) Chapter 427, Statutes of 2003, requires a
manufacturer of a new motor vehicle sold or leased in this state
that is equipped with one or more recording devices, commonly
referred to as ''event data recorders (EDR)'' or ''sensing and
diagnostic modules (SDM),'' to disclose that fact in the owner's
manual for the vehicle.
REGISTERED SUPPORT / OPPOSITION :
Support
DriveCam (Co-Sponsor)
Smart Drive (Co-Sponsor)
Sysco Corporation
Access Services
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AMEC Environment and Infrastructure, Inc.
AMPCO System Parking
Opposition
None on file.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093