BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2128
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          Date of Hearing:   April 9, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                  AB 2128 (Cook) - As Introduced:  February 23, 2012
           
          SUBJECT  :  Automated traffic enforcement systems

           SUMMARY  :  Requires the California Department of Transportation 
          (Caltrans) and local authorities to lengthen yellow light timing 
          intervals, under certain circumstances, and clarifies that 
          "rolling right turn" violations would be assessed at a 
          thirty-five dollars ($35) base fine. Specifically,  this bill  :  

          1)Requires Caltrans or a local authority to determine the 
            appropriate yellow light signal interval based on the 
            prevailing traffic speed rather than on posted speed limits 
            set based on a rounding down to the nearest five mile per hour 
            (mph) increment.  

          2)Revises and recasts provisions clarifying that drivers stopped 
            at red signals are prohibited from proceeding straight through 
            an intersection or making a left turn (except for a left turn 
            from a one-way street onto a one-way street) until an 
            indication to proceed is shown, a violation of which is 
            subject to a base fine of one hundred dollars ($100).  

          3)Revises and recasts provisions clarifying that a driver, after 
            having come to a complete stop at a red light signal, is 
            authorized to turn right or turn left from a one-way street 
            onto a one-way street (except when a sign is in place 
            prohibiting such a turn), a violation of which is subject to a 
            base fine of $35.  

          4)Requires local authorities to extend the time of the yellow 
            light interval by a minimum of one second over the minimum 
            time required for the posted speed or prima facie speed limit 
            at intersections where automatic traffic enforcement systems 
            (red light cameras) are in use.  

          5)Requires that any citation issued at intersections where the 
            minimum yellow light change interval has not been lengthened 
            pursuant to the requirements of this bill be dismissed.  

           EXISTING LAW  :  








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          1)Requires Caltrans to revise the California Manual on Uniform 
            Traffic Control Devices (CMUTCD), as it read on January 12, 
            2012, authorize Caltrans or a local authority to round speed 
            limits down to the nearest five mph increment of the 
            prevailing traffic speed and prohibits Caltrans or a local 
            authority from further reducing the speed limit for any reason 
            if the option to round the speed limit down is exercised.  

          2)Requires drivers to stop behind a limit line at a red light.  

          3)Provides that, after stopping at a red light, a driver may 
            turn right or turn left from a one-way street onto a one-way 
            street if it is safe to do so, unless there are signs 
            prohibiting such turns.  

          4)Authorizes the use of automated traffic enforcement systems at 
            railroad crossings and intersections to record violations of 
            unlawful grade crossing and red light running, if certain 
            conditions are met.  

          5)Specifies that failing to stop at a red signal light is 
            punishable with a base fine of $100, under certain 
            circumstances.  

          6)Specifies that stopping at a red light then proceeding to make 
            a turn that is unsafe is a violation with a base fine of $35.  


          7)Allocates the first 30% of moneys collected for certain red 
            light violations to the general fund of the city or county 
            where the offense occurred.  

          8)Requires that, at intersections where red light cameras are in 
            operation, the minimum yellow light change interval must be 
            established in accordance with the CMUTCD.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  

           Right Turn on Red Violations  :  By introducing this legislation, 
          the author seeks to reduce the fine for "rolling right turn" 
          violations to more accurately reflect the seriousness of the 
          violation.  The author describes a "rolling right turn" as a 








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          maneuver where a driver slows but does not come to a complete 
          stop at the limit line before making a right hand turn.  The 
          bill would clarify that the base fine for this maneuver is $35 
          while the base fine for running straight through an intersection 
          on a red light or turning left on a red light (both of which 
          more frequently result in catastrophic right angle accidents) 
          would be assessed with a $100 base fine.  

          The "rolling right turn" violation portion of this bill is 
          identical to language presented in AB 909, (Hill) of 2010, which 
          attempted to correct what was considered to be a drafting error 
          in AB 1191 (Shelley), Chapter 852, Statutes of 1997.  AB 1191 
          increased the base fine for red light violations from $35 to 
          $100 to target catastrophic right-angle collisions that 
          frequently result from running a red light.  AB 909 would have 
          clarified that "rolling right turn" violations would be assessed 
          with a $35 base fine.  The bill was passed by the Legislature 
          but vetoed by Governor Schwarzenegger on the grounds that 
          lowering the fine for this traffic maneuver would send the wrong 
          message.  

          Generally, the Vehicle Code assigns higher penalties to traffic 
          violations with greater potential for injury or death.  For 
          example, violations with a fine equal to the fine for running a 
          red light ($100 base fine) include failure to yield to an 
          emergency vehicle, throwing lighted material out a window onto 
          the highway, and failure to use child safety seats.  Violations 
          resulting in $35 base fines include failing to yield right of 
          way in a crosswalk or unsafe turn or lane change.  

          Studies conducted by Safer Streets LA show that "rolling right 
          turn" violations result in far fewer accidents than running 
          straight through an intersection or making a left turn on a red 
          light.  Specifically, the study notes that "rolling right turns" 
          are the cause of approximately 45 accidents per year in the City 
          of Los Angeles compared to the approximately 56,000 collisions 
          that occur there annually.  The study also notes that over an 
          eight year period, no fatalities resulted from "rolling right 
          turns."  Moreover, a recent LA Times article estimated that 80% 
          of red-light camera tickets were issued for "rolling right turn" 
          violations and that these tickets were often given to drivers 
          who actually stopped safely but were just a few inches over the 
          white line.  

          The large fine for "rolling right turn" violations has gained 








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          attention recently with increased use of red light cameras at 
          intersections, since these cameras now capture and assess fines 
          each and every time the violation occurs.  With base fines for 
          these violations assessed at $100 and the total fine totaling 
          $450 or more in most jurisdictions, many individuals are 
          challenging these penalties.  In fact, the San Mateo County 
          Civil Grand Jury recently that 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 traffic 
          court."  

          Writing in opposition to this bill, the California Police Chiefs 
          Association claims that the bill would undermine the ability of 
          local agencies to make use of red light camera enforcement 
          programs that have resulted in significant reductions in both 
          accidents and fatalities associated with red light running.  The 
          Police Chiefs association, however, fails to address the fact 
          that the bill does not eliminate the fines for "rolling right 
          turn" violations but rather more closely aligns the penalty with 
          the gravity of the offense.  
           
          Yellow Light Change Intervals  :  This bill also addresses yellow 
          light signal timing intervals in a variety of situations.  
          First, the bill seeks to correct yellow light signal timing 
          problems that could arise as the result of recent legislation 
          dealing with the setting of speed limits.  Additionally, this 
          bill seeks to increase yellow light signal times at 
          intersections with red light cameras, because these 
          intersections have been identified by local jurisdictions as 
          being problematic with respect to the number and severity of 
          accidents.  The bill would also specify that if additional time 
          is not added to yellow light signal times at specified 
          intersections, then any citations issued at those intersections 
          would be dismissed.   
           
          According to the author, this bill addresses the unintended 
          consequences of AB 529 (Gatto) Chapter 528, Statutes of 2011, 
          that allows Caltrans and local jurisdictions to exercise the 
          option of rounding speed limits to the next lowest 5 mph 
          increment below the prevailing speed.  The author argues that 
          since yellow signal times in California are based on posted 
          speed limits, which normally coincides with the prevailing speed 
          of traffic, the effect of rounding speed limits down is that 
          yellow light signal times will being shorter by as much as 0.4 
          seconds.  The author notes that the reduced yellow light signal 








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          time would increase the chances for intersection collisions 
          since more motorists will either attempt to stop when travelling 
          faster than the speed limit (potentially resulting in a rear end 
          collisions) or attempt to make it through the intersection 
          (potentially resulting in a severe right angle collisions).  The 
          author seeks to correct this situation by requiring Caltrans and 
          local jurisdictions to set yellow light signal times in 
          accordance with prevailing rates of speed (85th percentile) 
          rather than in accordance with posted speed limits, that may be 
          artificially low.  

          This bill also addresses yellow light signal timing intervals at 
          intersections with red light cameras.  The author notes that the 
          bill targets these intersections because these locations have 
          been identified by local authorities as having a prevalence of 
          accidents associated with red light violations.  The bill would 
          require that local jurisdictions add 1 second to the yellow 
          signal time intervals to better allow for through and turning 
          movements.  The author cites numerous studies and reports that 
          demonstrate the safety benefits of longer yellow signal times.  
          Arguing in support of this bill, Safer Streets LA cites numerous 
          studies, including those performed by the organization itself, 
          showing that increasing yellow light signal times allows drivers 
          time to comfortably stop before a light turns red.  The author 
          has also cited a study performed in 2004 by the Texas Department 
          of Transportation that shows increasing yellow light timing 
          intervals by one second over "minimum times" decreased 
          violations by 53% and the overall number of crashes at 
          intersections by 40%.  These findings were replicated in 
          California cities such as Loma Linda, California where adding 
          additional 1.3 seconds to the yellow light interval resulted in 
          violations falling from 197 per month to 4 per month.  The City 
          of Fremont also experienced a significant reduction in 
          violations when yellow signal times were increased by 0.7 
          seconds above the minimum required time.  

           Related Legislation  :  AB 909 (Hill) of 2010 would have reduced 
          the fine for violations involving a right turn against a red 
          light from a base fine of $100 to a base fine of $35.  That bill 
          was vetoed by Governor Schwarzenegger who, in his veto message, 
          stated that running a red light, regardless of whether the 
          direction of the maneuver is a dangerous traffic movement and 
          that lowering the fine for this violation would send the wrong 
          message.  









                                                                  AB 2128
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           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          California Teamsters Public Affairs Council
          National Motorists Association 
          NorthAmerican Transportation Association
          Safer Streets L.A.

           Opposition 
           
          California Police Chiefs Association Inc.
          

          Analysis Prepared by  :   Victoria Alvarez / TRANS. / (916) 319- 
          2093