BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2477|
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                                 THIRD READING


          Bill No:  AB 2477
          Author:   Garrick (R), et al.
          Amended:  6/28/12 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM.  :  9-0, 6/26/12
          AYES:  DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  70-0, 5/25/12 - See last page for vote


           SUBJECT  :    Video event recorders

           SOURCE  :     Drivecam
                      Smart Drive


           DIGEST  :    This bill authorizes the placement of video 
          event recorders on the windshields of commercial vehicles. 

           ANALYSIS  :    Existing law prohibits a person from driving 
          any motor vehicle with any object or material placed, 
          displayed, installed, affixed, or applied upon the 
          windshield or the side windows adjacent to the driver.  
          Existing law makes exceptions for the following:

          1.Rearview mirrors;

          2.Sunvisors that are not mounted on the windshield glass;
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          3.Electronic toll communication devices (e.g., FasTrak 
            transponders) or video event recorders affixed to the 
            center uppermost portion of the interior of the 
            windshield within an area that is not greater than five 
            inches square;

          4.Transparent material applied to the top most portion of 
            the windshield (i.e., tinting);

          5.Stickers (e.g., parking decals), global positioning 
            systems (GPS), and video event recorders that are placed 
            or mounted on the windshield in the seven-inch square in 
            the lower corner farthest removed from the driver or in 
            the five-inch square in the lower corner nearest the 
            driver but outside of the airbag deployment zone.

          Existing law defines "video event recorders" that can be 
          placed in small spaces in the two lower windshield corners 
          or at the center top of the windshield as a video recorder 
          that continuously records video, audio, and G-force levels 
          but saves a recording only when triggered by an unusual 
          motion or crash or when operated by the driver.  Existing 
          law restricts video event recorders to storing no more than 
          30 seconds of footage before and after an event, permits 
          the registered owner to disable a video event recorder, and 
          requires posted visible notice in the vehicle that it is 
          equipped with a video event recorder.

          This bill:

          1.Authorizes the placement of a video event recorder on 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 and signals.  (For example, 
            it could be placed directly below the rearview mirror 
            provided it was not more than two inches below the top 
            edge of the area the wipers sweep.)

          2.Provides that the authorization becomes inoperative when 
            the California Highway Patrol (CHP) declares that an 
            existing federal exemption for these recorders has 
            expired or when the CHP declares that a subsequent 

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            renewal of the federal exemption has expired, whichever 
            is later.  

          3.Declares the Legislature's intent to adopt a policy 
            equivalent to the federal exemption for the placement of 
            video event recorders in commercial motor vehicles.  

           Comments
           
          The author introduced this bill at the request of two 
          makers of video event recorders, DriveCam and SmartDrive, 
          who have sought and received an exemption from federal 
          regulations to allow the placement of their recorders on 
          the windshields of commercial vehicles.  Because the 
          federal regulations govern only interstate commercial 
          vehicles and not those that operate solely in California, 
          this bill is needed to conform rules for California 
          intrastate commercial vehicles with those federal 
          regulations.

          The author asserts that video event recorders in commercial 
          vehicles promote safer, more fuel efficient driving and 
          reduce accidents.  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 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 sponsors 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 same area of 
          the windshield as federal exemption allows provides better, 
          unobstructed views to be captured both inside and outside 
          of the vehicle.  

          A 2010 Federal Motor Carrier Safety Administration study of 
          two commercial carrier fleets showed that when those 
          carriers used video event recorders in this location they 

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          experienced a tremendous reduction in safety-related 
          events.  One carrier reduced safety-related events by more 
          than 52% and the other by more than 38% when measured per 
          10,000 miles driven.  This bill allows video recorders in 
          intrastate commercial vehicles in California as they are 
          allowed under federal regulations, provided those 
          regulations remain in place.

           Prior Legislation  

          AB 1942 (Fletcher), Chapter 458, Statutes of 2010, 
          authorized the placement of video event recorders on 
          specified areas of vehicle windshields subject to certain 
          restrictions.  This bill expands the area of placement for 
          video event recorders when they are on the windshield of a 
          commercial vehicle but maintains the restrictions on their 
          recordings.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/6/12)

          Drivecam (co-source) 
          Smart Drive (co-source) 
          Ampco System Parking
          Access Services
          Los Angeles County Metropolitan Transportation Authority
          Loomis 
          Sysco Corporation



           ASSEMBLY FLOOR  :  70-0, 5/25/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, 
            Feuer, Fong, Furutani, Beth Gaines, Galgiani, Garrick, 
            Gatto, Gordon, Gorell, Hagman, Halderman, Harkey, 
            Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman, 
            Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino, 

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            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. P�rez
          NO VOTE RECORDED:  Atkins, Bill Berryhill, Fletcher, 
            Fuentes, Grove, Hall, Knight, Ma, Perea, Silva


          JJA:n  8/7/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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