BILL ANALYSIS
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THIRD READING
Bill No: AB 909
Author: Hill (D)
Amended: 8/3/10 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE TRANSPORTATION & HOUSING COMM : 6-1, 6/22/10
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Pavley
NOES: Simitian
NO VOTE RECORDED: Kehoe, Oropeza
SUBJECT : Vehicles: right turn violations: penalties
SOURCE : Author
DIGEST : This bill clarifies that turning right on a red
light without stopping is a violation punishable by a base
fine of $35.
Senate Floor Amendments of 8/3/10 remove a reference in a
provision of law defining one type of red light violation
in order to further distinguish the different types of red
light violations and remove any potential ambiguity about
which fine should apply to which violation.
ANALYSIS : Existing law:
1.Section 21453(a) of the Vehicle Code requires a driver
facing a steady circular red signal alone to stop, as
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specified, and remain stopped until an indication to
proceed is shown, except as provided in Section 21453(b)
of the Vehicle Code. Violating this provision carries a
base fine of $100.
2.Section 21453(b) of the Vehicle Code allows a driver
facing a steady circular red signal, after stopping (as
prescribed above), to turn right, or turn left from a
one-way street onto a one-way street, providing the
driver yields as specified. Violating this provision
carries a base fine of $35.
This bill clarifies that turning right on a red light
without stopping is a violation punishable by a base fine
of $35, as prescribed in Section 21453(b) rather than a
$100 fine as prescribed in Section 21453(a).
Comments
As the use of photo enforcement increased, it became
evident that many violations captured using red light
cameras were for right-turn violations and that the
resulting base fines were typically $100 instead of $35.
Upon further investigation it was discovered that law
enforcement distinguishes, and cites for, two types of
right-turn violations. The first type of right-turn
violation occurs when a driver comes to a complete stop and
then proceeds to make a right turn that is unsafe. Law
enforcement cites this violation using the lower fine
amount. The second violation occurs when a driver
approaches an intersection and turns right without coming
to a complete stop (i.e., "California stop"). Because the
driver never comes to a complete stop, law enforcement
cites this violation as a failure to stop, which is
assessed the $100 fine. Because law enforcement cites
these two types of right-turn violations differently, the
bill distinguishes the two types of right-turn violations
and exempts turning right on red without stopping from the
fine increase imposed by AB 1191 (Shelley), Chapter 852,
Statutes of 1997.
The consequences of the fine increase have recently gained
attention because of the proliferation of red light cameras
and the resulting increase in citations for red light
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running. Reports have shown that at many intersections
where red light cameras are employed, most of the tickets
are for right-turn-on-red violations. At one intersection
in South San Francisco, 98 percent of the 672 red-light
violations processed in a two-month period were for
right-turn-on-red violations.
While turning right-on-red represents the majority of red
light violations, data provided by the author suggest that
turning right on red results in fewer collisions than
running straight through an intersection or turning left on
red. Nationwide, 762 people were killed and an estimated
137,000 injured in crashes involving red-light running in
2008, according to the Insurance Institute for Highway
Safety, but only 10 percent of those collisions involved
drivers turning right without stopping.
The report went on to state, "The San Mateo County Superior
Court system has become overwhelmed with citizens
challenging the $446 citation. The number of citations
that the Superior Court must adjudicate from red light
cameras has increased significantly [by 80 percent] from
2008 to 2009."
By distinguishing the two types of right-turn violations
and exempting right-turns without stopping from the $100
fine, this bill reduces the fine for the majority of less
serious red light violations, upholds the intent of AB
1191, and ensures that the punishment fits the crime.
Total bail amounts . Penalty assessments and court fees are
added to base fines that result in a total bail that is
significantly higher than the base fine. The total bail
amounts for each of the base fines relevant to this bill
are identified below:
Base Fine Penalty Assessments Court
Fees Total
$35 $111 $65 $211
$100 $280 $65 $445
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 8/10/10)
California Conference Board of the Amalgamated Transit
Union
California Teamsters Public Affairs Council
National Motorists Association
California State Automobile Association
Automobile Club of Southern California
OPPOSITION : (Verified 8/10/10)
California Police Chiefs Association
League of California Cities
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author's office,
the bill corrects a drafting error made by AB 1191
(Shelley), Chapter 852, Statutes of 1997, which
inadvertently increased the base fine for turning right on
red without stopping. AB 1191 increased the base fine for
red light violations from $35 to $100, but expressly
exempted from the increase right-hand turns. The intent of
increasing the fine was simply to discourage red light
running as it presents a high risk of collision and to
ensure that the penalty assigned to a violation reflects
the seriousness of the offense. Right turns on red were
exempted from the increase because these violations are
considered less dangerous than proceeding straight through
an intersection or turning left while a light is red.
The author's office contends that lowering the fine amount
also has the potential to reduce the unintended consequence
red light cameras are having on local courts. In a recent
report, a San Mateo County Civil Grand Jury found that,
"the fine for failure to stop before making a right hand
turn seems out of proportion to similar offenses and as a
result is often appealed to the traffic court."
ARGUMENTS IN OPPOSITION : The League of California Cities
opposes this bill, "because it will hamper cities' ability
to use automated traffic enforcement systems and
potentially cost the state millions of dollars each year in
lost revenue." The League further states, "Framed as a
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simple technical clean-up, this bill would reduce the base
fine, the local government share, for failure to stop
violations when making a right turn on a red light from
$100 to $35 dollars. The states' authority to levy penalty
assessments, which total roughly $200 dollars, would be not
changed.
"The base fine reduction is a direct hit to local
jurisdictions but the consequences also hurt the state.
With fewer systems in operation there are fewer citations
for the state to levy their penalty assessments, which
means less revenue is generated for court operations,
construction, security, and Department of Justice programs.
The Department of Finance estimates that if red light
cameras cease to operate the state, courts, and local
agencies would lose tens of millions of dollars."
JJA:nl 8/11/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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