AB 1725: Vehicles: automated traffic enforcement systems.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-03-07
Existing law defines an official traffic control signal as any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
Existing law states that any required stop be made at a sign, crosswalk, or limit line indicating where the stop is to be made, but, in the absence of that sign or marking, existing law requires that the stop be made at the official traffic control signal.
This bill would expressly state that a stop is required to be made at an official traffic control signal erected and maintained at a freeway or highway on ramp. This bill would also make technical, nonsubstantive changes to that provision.
Existing law requires a driver facing a steady circular red signal alone to stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and to remain stopped until an indication to proceed is shown, except as provided. A violation of this provision is an infraction punishable by a fine of $100.
This bill would also require a driver facing a steady circular red signal alone at a freeway or highway onramp signal, to stop at a marked limit line, but if none, before the signal, and to remain stopped until an indication to proceed is shown. The bill would make a violation of this requirement an infraction punishable by a fine of $50. By creating a new crime, this bill would impose a state-mandated local program.
The bill would also make a conforming change.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires a driver facing a steady circular red signal alone to stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and to remain stopped until an indication to proceed is shown, except as provided. A violation of this provision is an infraction punishable by a fine of $100.
This bill would also require a driver facing a steady circular red signal alone at a freeway or highway onramp signal, to stop at a marked limit line, but if none, before the signal, and to remain stopped until an indication to proceed is shown. The bill would make a violation of this requirement an infraction punishable by a fine of $50. By creating a new crime, this bill would impose a state-mandated local program.
The bill would also make a conforming change.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
When an official traffic control signal is erected and maintained at a place other than an intersection, including a freeway or highway on ramp, the provisions of this article shall be applicable apply, except those provisions which that by their nature can have no application. Any stop required shall be made at a sign or crosswalk sign, crosswalk, or limit line indicating where the stop shall be made, but but, in the absence of any such that sign or marking marking, the stop shall be made at the signal.
SECTION 1.Section 21453 of the Vehicle Code is amended to read:21453.(a)A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).
(b)Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.
(c)A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.
(d)A driver facing a steady circular red signal alone at a freeway or highway onramp shall stop at a marked limit line, but if none, before the signal, and shall remain stopped until an indication to proceed is shown.
(e)Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.
SEC. 2.Section 42001.15 of the Vehicle Code is amended to read:42001.15.(a)Every person convicted of an infraction for a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be punished by a fine of one hundred dollars ($100).
(b)Every person convicted of an infraction for a violation of subdivision (d) of Section 21453 shall be punished by a fine of fifty dollars ($50).
SEC. 3.Section 42007.3 of the Vehicle Code is amended to read:42007.3.(a)Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator school pursuant to Section 41501 or 42005 as a result of a violation of subdivision (a), (c), or (d) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be allocated as follows:
(1)The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred.
(2)The balance of the amount collected shall be deposited by the county treasurer under Section 42007.
(b)This section does not apply to the additional forty-nine-dollar ($49) court administrative fee assessed pursuant to subdivision (c) of Section 11208 collected under subdivision (a) of Section 42007.1.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).
(b)Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.
(c)A driver facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.
(d)A driver facing a steady circular red signal alone at a freeway or highway onramp shall stop at a marked limit line, but if none, before the signal, and shall remain stopped until an indication to proceed is shown.
(d)
(e)Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.
SEC. 2.Section 42001.15 of the Vehicle Code is amended to read:42001.15.(a)Every person convicted of an infraction for a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be punished by a fine of one hundred dollars ($100).
(b)Every person convicted of an infraction for a violation of subdivision (d) of Section 21453 shall be punished by a fine of fifty dollars ($50).
SEC. 3.Section 42007.3 of the Vehicle Code is amended to read:42007.3.(a)Notwithstanding Section 42007, revenues derived from fees collected under Section 42007 from each person required or permitted to attend traffic violator school pursuant to Section 41501 or 42005 as a result of a violation of subdivision (a) or (c), (c), or (d) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be allocated as follows:
(1)The first 30 percent of the amount collected shall be allocated to the general fund of the city or county in which the offense occurred.
(2)The balance of the amount collected shall be deposited by the county treasurer under Section 42007.
(b)This section does not apply to the additional forty-nine-dollar ($49) court administrative fee assessed pursuant to subdivision (c) of Section 11208 collected under subdivision (a) of Section 42007.1.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Jan 28, 2016 | Read first time. To print. |
| Jan 29, 2016 | From printer. May be heard in committee February 28. |
| Feb 18, 2016 | Referred to Com. on TRANS. |
| Mar 7, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 8, 2016 | Re-referred to Com. on TRANS. |
| Mar 15, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (March 14). |
| Mar 16, 2016 | Read second time. Ordered to Consent Calendar. |
| Mar 28, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 28, 2016 | Read third time. Passed. Ordered to the Senate. |
| Mar 28, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4040.) |
| Apr 7, 2016 | Referred to Com. on T. & H. |
| Jun 15, 2016 | From committee: Do pass and re-refer to Com. on RLS. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 14). Re-referred to Com. on RLS. |
| Jun 16, 2016 | Re-referred to Com. on APPR. |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Aug 11, 2016 | In committee: Held under submission. |
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Date
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Description
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Location
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Votes
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| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 14, 2016 | Do pass, but first be re-referred to the Committee on [Rules] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
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| Mar 28, 2016 | AB 1725 WAGNER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Mar 14, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1725 (Wagner) - Vehicles: automated traffic enforcement systems
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1725 would explicitly provide that a red light violation at freeway or highway on ramps is included as a general violation of traffic signals at a place other than an intersection, as specified. The practical impact would be that freeway on ramp metering light violations would be explicitly subject to a $35 base fine, rather than a $100 base fine that applies to general red light violations at an intersection.
Fiscal Impact:
Unknown, potentially significant loss of state and local penalty assessment revenues, to the extent signal violations at freeway on ramp meters are currently enforced as red light violations at an intersection. As noted in the background section below, many of the penalty assessments, fines, and fees added onto the base fine for convictions of traffic infractions are dependent upon the amount of the base fine. To the extent a violation was previously enforced at the higher base fine of $100, the bill would result in the following reductions in fine and fee revenues for each conviction by explicitly requiring a lower base fine of $35:
- State Penalty Assessment: reduction of $60 per conviction. (State Penalty Fund, distributed to nine other Special Funds, and county General Fund)
- County Penalty Assessment: reduction of $42 per conviction. (various Special Funds)
- Court Construction Penalty Assessment: reduction of $30 per conviction. (various Special Funds supporting court facilities)
- Proposition 69 DNA Penalty Assessment: reduction of $6 per conviction. (primarily state or local DNA Identification Fund)
- DNA Identification Fund Penalty Assessment: reduction of $24 per conviction. (primarily state DNA Identification Fund)
- Emergency Medical Services Penalty Assessment: reduction of $12 per conviction. (primarily Maddy EMS Fund)
- State Surcharge: reduction of $13 per conviction (state General Fund)
Staff notes that there is no reliable data on the number of red light violations at freeway on ramps that are currently enforced as a red light violation at an intersection. If 0.5% of red light convictions would be charged a lower base fine as a result of this bill, there would be a total reduction of approximately $300,000 in state and local penalty assessment revenues. (General Fund, various Special Funds, and local funds)
Background:
Existing law requires a driver to stop at an intersection when faced with a steady red light or red arrow, and to remain stopped until an indication to proceed is shown. Failure to stop at a red light at an intersection is an infraction punishable by a base fine of $100. When an official traffic control device is erected and maintained at a place other than an intersection, existing law requires a driver to stop at the signal, crosswalk, sign, or limit line indicating where the stop shall be made. A violation of this provision is an infraction punishable by a base fine of “up to $100” (as a general violation of the Vehicle Code), which Judicial Council has set at $35.
In addition to base fines for traffic violations, existing law imposes numerous additional penalty assessments, fees, and surcharges for convictions of these infractions, all of which significantly increase the total bail owed as a result of violations. For example, the total bail on a violation with a base fine of $35 is $238, and the total bail on a violation with a base fine of $100 is $490 (not including fees associated with traffic violator schools). Existing law specifies a complex process for the distribution of fine and fee revenues to numerous state and local funds. Some of these add-on fines and fees were enacted to fund specific activities, such as emergency medical services or DNA-related activities, while others support general court operations, court facilities construction, or state and local general funds.
The following assessments and fees are a flat charge per conviction: a $4 Emergency Medical Air Transportation Penalty Assessment; a $40 Court Operations Assessment; A $30 Conviction Assessment Fee; and a $1 Night Court Fee. The following charges, however, are dependent upon amount of the base fine:
- State Penalty Assessment: $10 for every $10 of a base fine*
- County Penalty Assessment: $7 for every $10 of a base fine*
- Court Construction Penalty Assessment: $5 for every $10 of a base fine*
- Proposition 69 DNA Penalty Assessment: $1 for every $10 of a base fine*
- DNA Identification Fund Penalty Assessment: $4 for every $10 of a base fine*
- Emergency Medical Services Penalty Assessment: $2 for every $10 of a base fine*
- State Surcharge: 20% of a base fine
(* the base fines are rounded up to the next $10 increment for purposes of calculating the assessment)
Proposed Law:
AB 1725 would explicitly provide that a red light violation at freeway or highway on ramps is included as a general violation of traffic control signals at a place other than an intersection. A violation of this provision would be treated as a general Vehicle Code violation, punishable as an infraction subject to a base fine of $35.
Related Legislation:
SB 986 (Hill), which is currently pending in the Assembly Appropriations Committee, would reduce the base fine from $100 to $35 for turning right on a red light at an intersection, or turning left from a one-way street onto another one-way street, without coming to a complete stop.
AB 1191 (Shelley), Chap. 852/1997, increased the base fine for red light signal violations from $35 to $100.
Staff Comments:
The author contends that violations at freeway on ramp metering lights are currently being enforced as if they were red light violations at an intersection, which has a base fine of $100. This bill would ensure that a lower base fine of $35 is charged for what the author considers to be a less dangerous form of red light violation than running a red light at an intersection.
The DMV reports the following conviction data on the number of red light violations that were reported to them for assessment of a violation point: 356,376 total convictions in 2014, and 304,970 total convictions in 2015. Staff notes that there is no reliable data on the number of these violations that are a result of a driver running a red light at a freeway on ramp. By explicitly reducing the base fine for on ramp metering light violations, this bill would result in an unknown reduction in state and local penalty assessment revenues.
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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 1725 Hearing Date: 6/14/2016
Author: | Wagner | ||
Version: | 3/7/2016 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Randy Chinn | ||
SUBJECT: Vehicles: automated traffic enforcement systems
DIGEST: This bill reduces the base fine for running a red light at a freeway onramp meter from $100 to $35.
ANALYSIS:
Existing law:
- Makes it unlawful to enter a lane over which a red signal is shown. The base fine for violations of this provision is $100 (VC Section 42001.15).
- Makes it generally unlawful for any driver to fail to obey any sign, signal, or other traffic control device. Violations carry a base fine of $35.
This bill:
Specifies that violations for disobeying red lights at freeway on-ramps are subject to the $35 base fine rather than the $100 base fine.
COMMENTS:
- Purpose. According to the author, violations at freeway on-ramp meters are being enforced with the same fines as violations for running a red light at an intersection. This is inappropriate because the signals serve vastly different purposes and have vastly different degrees of danger. Therefore, it is appropriate for freeway on-ramp meter violations to be subject to lesser fines.
- Turning $541 into $289. Because of numerous penalties, surcharges and fees, the actual cost of a ticket is far larger than the base fine. By reducing the base fine from $100 to $35, the cost of the ticket is reduced from $541 to $289.
- Make the punishment fit the crime. Earlier this year, this committee approved SB 986 (Hill), which lowered the penalty for running a red light when making a right turn.
Assembly Votes:
Floor: 74-0
Trans: 16-0
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 8, 2016.)
SUPPORT:
Automobile Club of Southern California
Conference of California Bar Associations
Safer Streets L.A.
OPPOSITION:
None received
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Date of Hearing: March 14, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1725 (
Author:Wagner) – As Amended Ver:March 7, 2016
SUBJECT: Vehicles: automated traffic enforcement systems
SUMMARY: Explicitly provides that traffic control signals at places other than an intersection, including freeway or highway on ramps, must be obeyed.
EXISTING LAW:
- Authorizes the California Department of Transportation to erect any traffic control signal or other official traffic control device on any state highway.
- Makes it generally unlawful for any driver to fail to obey any sign, signal, or other traffic control device. Violations carry a base fine of $35.
- Makes it unlawful to fail to stop a red light at an intersection. Because of the potential severity of crashes resulting from failing to stop at an intersection, the base fine for violations of this provision is $100.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, this bill is intended to ensure that failing to stop at a ramp meter does not carry the same penalty as the justifiably higher fine for the far more dangerous act of running a red light through an intersection.
The base fine for most traffic violations is $35 and the total penalty, with court fees and surcharges, can range from about $250 to nearly $300, depending on the county in which the violation occurred. Fines for more egregious violations, such as running a red light, carry a $100 base fine, with total costs amounting to nearly $500.
It is unclear how pervasive the problem is that this bill attempts to remedy—that is, how often a driver is cited with a violation for running a red light at an intersection when the red light was actually at a freeway on ramp. The author's office could offer only minimal anecdotal evidence that the problem exists. (According to the California Highway Patrol, its officers are trained to cite the lesser violation of ignoring traffic control devices at places other than an intersection when citing a driver for failing to stop at a freeway ramp meter.) To the extent that there is ambiguity in the field as to which code provision should be cited for failing to stop at a ramp meter, this bill will provide clarification.
REGISTERED SUPPORT / OPPOSITION:
Support
Conference of California Bar Associations
Safer Streets L.A.
Opposition
None on file
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):