BILL ANALYSIS Ó AB 2128 Page 1 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 : AB 2128 Page 2 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 AB 2128 Page 3 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 AB 2128 Page 4 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 AB 2128 Page 5 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 Page 6 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