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 :
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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.
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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