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 specified. A violation of this provision is an infraction punishable by a fine of $100.

This bill would recast those provisions, and instead would make a violation of that requirement for a right turn, or a left turn from a one-way street onto a one-way street, punishable by a fine of $35. The bill would make additional conforming changes.

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 specified. A violation of this provision is an infraction punishable by a fine of $100.

This bill would recast those provisions, and instead would require that make a violation of this provision that requirement for a right turn turn, or a left turn from a one-way street onto a one-way street is street, punishable by a fine of $35.

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 specified. A violation of this provision is an infraction punishable by a fine of $100.

This bill would recast those provisions, and instead would require that a violation of this provision for a right turn or a left turn from a one-way street onto a one-way street is punishable by a fine of $35.

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 specified. A violation of this provision is an infraction punishable by a fine of $100.

This bill would recast those provisions, and instead would require that a violation of this provision for a right turn or a left turn from a one-way street onto a one-way street is punishable by a fine of $35.

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 986

Author:(Hill) – As Amended Ver:June 20, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill reduces, from $100 to $35, the base fine for turning right on a red light (rolling right turn), or turning left from a one-way street onto another one-way street, without coming to a complete stop.

FISCAL EFFECT:

Significant loss of state and local penalty assessment-related revenues for those portions of the total fine that are a function of the base fine (see Background below). Reducing the base fine for failure to stop before turning right on a red light, or turning left from a one-way street onto another one-way street, would result in the following reductions (totaling $252) in fine and fee revenues for each conviction:

1. Base Fine: $65, to counties and cities.
2. State Penalty Assessment: $60, to State Penalty Fund, distributed to nine other special funds, and county General Fund.
3. County Penalty Assessment: $42 per conviction, to various special funds.
4. Court Construction Penalty Assessment: $30, to various special funds supporting court facilities.
5. Proposition 69 DNA Penalty Assessment: $6, primarily to state or local DNA Identification Fund.
6. DNA Identification Fund Penalty Assessment: $24 per conviction, primarily to state DNA Identification Fund.
7. Emergency Medical Services Penalty Assessment: $12 primarily to Maddy EMS Fund.
8. State Surcharge: $13 to state General Fund.

The DMV received reports of over 300,000 red light violations for assessment of a violation point in recent years (356,000 in 2015 and 305,000 in 2014). The proportion of these violations involving a driver turning right on a red light is unknown, but if it was only 10%, the total revenue loss would be around $7.5 million, distributed among numerous funds, as described above.

COMMENTS:

1. Purpose. According to the author, this bill is intended to correct a drafting error in AB 1191 (Shelley), Chapter 852, Statutes of 1997, which increased the base fine for red light violations from $35 to $100. The author asserts that AB 1191 was intended to only target drivers for going straight through intersections or making left-turns against a red light, which are the most dangerous violations at intersections and can result in catastrophic right angle collisions. AB 1191 raised the fine for these violations to more accurately reflect their seriousness and the potential for catastrophic accidents. The author notes, however, that AB 1191 also raised the fine for failing to make a complete stop on a right turn on a red light, a violation that is far less serious and, the author argues, does not warrant the increased fine of a running straight through the intersection, particularly given that these citations, with fines and penalties applied, currently have a total cost of $541.

This bill reduces the base fine for rolling right turn violations to $35, ultimately resulting in a total fine of $289. The author indicates that lowering the fine for these violations would make the monetary penalty commensurate with similar types of relatively less serious violations, such as failing to yield the right-of-way in a crosswalk and unsafe turns or lane changes.

1. Background. In addition to base fines for traffic violations, numerous additional penalty assessments, fees, and surcharges are imposed for convictions of these infractions. Current 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, and thus would not be impacted by this bill: $4 Emergency Medical Air Transportation Penalty Assessment; $40 Court Operations Assessment; A $35 Conviction Assessment Fee; and $52 for Traffic Violator Schools. The following charges, however, are dependent upon amount of the base fine:

• 1. State Penalty Assessment: $10 for every $10 of a base fine.
  2. County Penalty Assessment: $7 for every $10 of a base fine.
  3. Court Construction Penalty Assessment: $5 for every $10 of a base fine.
  4. Proposition 69 DNA Penalty Assessment: $1 for every $10 of a base fine.
  5. DNA Identification Fund Penalty Assessment: $4 for every $10 of a base fine.
  6. Emergency Medical Services Penalty Assessment: $2 for every $10 of a base fine.
  7. State Surcharge: 20% of a base fine.

1. Opposition. The San Francisco Municipal Transportation Agency (SFMTA) writes that reducing the fine for rolling right turn violations would send the message to the public regarding the seriousness of these offenses. SFMTA indicates that, between 2008 and 2014, 319 injury collisions occurred annually from drivers running red lights, with an average of 14 collisions involving right turns. (It should be noted that the fine for the violations specified in this bill will remain at a much higher amount, pursuant to current law, when the violation results in bodily injury to anyone other than the driver. The base fine in such instances is $220 for the first infraction, yielding a total cost of $1,033.) A coalition of 18 pedestrian and bicycling advocacy groups express concerns similar to SFMTA.
2. Related Legislation. SB 881 (Hertzberg), also on today's committee agenda, ends the practice of suspending an individual's driver's license for failing to appear in court or failing to pay a traffic fine for certain violations.
3. Prior Legislation. In 2010, AB 909 (Hill), an almost identical bill, was vetoed by Governor Schwarzenegger over his concerns that it would send the wrong message regarding the state's tolerance for these types of offenses. AB 681 (Hill), another identical bill, was held on Suspense in Senate Appropriations in January.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: June 27, 2016

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

SBPCA Bill Id:SB 986

Author:(Hill) – As Amended Ver:June 20, 2016

SENATE VOTE: 39-0

SUBJECT: Vehicles: right turn violations

SUMMARY: Reduces the base fine, from $100 to $35, for turning right on a red light (rolling right turn), or turning left from a one-way street onto another one-way street, without coming to a complete stop.

EXISTING LAW:

1. Requires a driver to stop behind the limit line at a red light.
2. Provides that, after stopping at a red light, a driver may proceed to turn right or to turn left from a one-way street onto a one-way street, if it is safe to do so.
3. Established the base fine for red-light violations at $100 the total cost of which amounts to $541 after surcharges, penalties, and assessments are applied.

FISCAL EFFECT: Unknown

COMMENTS: According to the author, the intent of this bill is to correct a drafting error in the enactment of AB 1191 (Shelley), Chapter 852, Statutes of 1997, that increased the base fine for red light violations from $35 to $100. The author asserts that AB 1191 was intended to only target drivers for going straight through intersections or making left-turns against a red light, which are the most dangerous violations at intersections and can result in catastrophic right angle collisions. AB 1191 raised the fine for these violations to more accurately reflect their seriousness and the potential for catastrophic accidents. He notes, however, that AB 1191 also raised the fine for failing to make a complete stop on a right turn on a red light, a violation that, while it should not be condoned, is far less serious and does not warrant the increased fine of a running straight through the intersection, particularly given that these citations, with fines and penalties, have a total cost of $541.

With the advent of automated traffic enforcement systems (also known as red light cameras),
AB 1191 has resulted in a significant increase in the number of drivers being cited, at the higher fine rate, for rolling right turn violations. The author contends that citing these violations at $100, with the total cost at $541 after assessments, is overly punitive given that the maneuver that is not overtly dangerous. To address this issue, the author has introduced this bill which would reduce the base fine for rolling right turn violations to $35, ultimately resulting in a total fine of $289, after penalty assessments are applied. He notes that lowering the fine for these violations would make the monetary penalty more equitable and in the context of other traffic violations.

To the author's point, generally, the Vehicle Code assigns higher penalties to traffic violations with potential for injury or death. Violations with a fine equal to the fine for running a red light, include failure to yield to an emergency vehicle, throwing lighted material on the highway, and failure to use child safety seats. Violations resulting in $35 fines include failing to yield the right-of-way in a crosswalk and unsafe turns or lane changes.

A San Mateo County Civil Grand Jury report noted 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 in traffic court." The report states that there has been an 80% increase in the number of red light citations and that challenges to the citations are overwhelming the San Mateo County Superior Court. Similarly, a Texas Transportation Institute report entitled "Synthesis on the Safety of Right Turn on Red in the United States and Canada" concluded that rolling right turns are not a dangerous maneuver at signalized intersections for either vehicles or pedestrians in most circumstances and, proportionally, rolling right turn crashes are very low (less than 0.5% of all crashes) and, in the event of a crash, the outcome is generally not severe.

The author carried nearly identical bills in 2010 and 2015. AB 909 (Hill) of 2010, was vetoed by Governor Schwarzenegger. In his veto message, the Governor noted that modifying the law to make red-light violations less egregious would send the wrong message to the public that California is tolerant of these types of offenses. SB 681 (Hill) of 2016, was held on Suspense in the Senate Appropriations Committee.

Writing in support of SB 986, Safer Streets LA points out that for persons with lesser means, these tickets represent a substantial financial burden, particularly given that they were issued for a relatively minor infraction. In fact, the Assembly Transportation Committee recently passed SB 881 (Hertzberg) that addressed concerns for low income motorists being driven further into poverty as a result penalties associated with the inability to pay the substantial fines resulting from added penalty assessments.

The San Francisco Municipal Transportation Agency (SFMTA) writes that reducing the fine for rolling right turn violations would send the message to the public regarding the seriousness of these offenses. They point out that San Francisco police reports show that an average of 319 injury collisions were caused annually between 2008 and 2014 by drivers running red lights. Of these, SFMTA notes that an average of 14 collisions involved right turns.

Related legislation: SB 881 (Hertzberg) would end the practice of suspending an individual's driver's license for failing to appear in court or failing to pay a traffic fine for certain violations. SB 881 passed out of this committee and is scheduled to be heard by the Assembly Committee on Public Safety on June 28, 2016.

Previous legislation: AB 1191 (Shelley), Chapter 852, Statutes of 1997, increased the base fine for red-light signal violations from $35 to $100.

AB 909 (Hill) of 2010, would have reduced the base fine for “rolling right turn” violations to $35. AB 909 was vetoed by Governor Schwarzenegger.

SB 681 (Hill) of 2016, was identical to this bill in that it would have reduced the fine for a "rolling right turn." SB 681 was held on Suspense in the Senate Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

A New Way of Life Re-Entry Project

American Civil Liberties Union of California

Automobile Club of Southern California

California Association of Highway Patrolmen

Legal Services for Prisoners with Children

National Motorists Association

Safer Streets L.A.

Western States Trucking Association

Opposition

San Francisco Municipal Transportation Agency

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

 THIRD READING  

Bill No: SB 986

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 3/29/16

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

SUBJECT:

SOURCE: Author

DIGEST: This bill reduces the base fine for “rolling right turn” violations.

ANALYSIS:

Existing law:

1. Requires a driver to stop at a red light and prohibits the driver from proceeding until given an indication to do so. Failing to stop at a red light is a violation carrying a base fine of $100, as well as a violation point. Unless there is a sign prohibiting it, a driver may turn right at a red light after coming to a complete stop. A driver may also turn left from a one-way street onto another one-way street, after coming to a complete stop, during a red light. Stopping but then proceeding to make an unsafe turn — for example, by failing to yield to a pedestrian in the crosswalk — carries a $35 base fine and a violation point.
2. Provides that the state Judicial Council annually adopts a uniform traffic penalty schedule for all non-parking infractions outlined in the Vehicle Code.
3. Establishes the base fine for red-light violations at $100; due to additional surcharges, penalties, and assessments, a $100 base fine is equivalent to a total of $541.

This bill provides that turning right on a red light, or turning left from a one-way street onto another one-way street without first coming to a complete stop, is a violation carrying a base fine of $35.

Comments

1. Purpose. According to the author, the 1997 legislation increasing the base fine for red-light violations from $35 to $100 (see Related/Prior Legislation below) was targeted at straight-through and left-turn violations, which are the most dangerous violations at intersections. This issue has gained increased attention over the years with the proliferation of red-light cameras. In addition, red-light ticket fines have increased dramatically; in 1997, the total cost of a red-light violation was around $100, while now it exceeds $500. The author states that this amount is excessive for a “rolling right turn” on red, a maneuver that is not overtly dangerous. This bill reduces the base fine to $35, for a total of $289.

The author cites Judicial Council data indicating that in many municipalities, the majority of red-light violation tickets are issued for right-turn violations. Additionally, a 2008 Los Angeles Times study revealed that 80% of red-light camera tickets are issued not to drivers running straight through intersections, but to drivers making rolling right turns. People making right turns are generally going at a low speed, and resulting accidents tend to be much less serious in nature. By reducing the base fine for rolling right turns, this bill helps ensure the penalty matches the offense.

1. Violation points. DMV assigns violation points against an individual’s driver’s license for certain traffic offenses to identify a driver as a negligent operator. Violation points vary with the gravity of the offense; for example, a “fix-it” ticket does not count for any violation points, a speeding ticket counts for one violation point, and driving while under the influence of alcohol or drugs counts for two violation points. DMV may suspend an individual’s driver’s license for six months if he or she receives four points in one year, six points in two years, or eight points in three years. An individual may request a DMV hearing to avoid a license suspension. Existing law assigns one violation point to red-light offenses; this bill does not change that provision.
2. What about pedestrian safety? Existing law requires a driver to yield to a pedestrian in a crosswalk or intersection. Existing law also requires a driver to come to a complete stop before making a turn on a red light. While this bill reduces the fine for a rolling right turn, it does not make a rolling right turn legal, nor does it affect the pedestrian right-of-way statute.
3. Another try. The author carried bills nearly identical to this one in 2010 and 2015 (see Related/Prior Legislation below); the first was vetoed by Governor Schwarzenegger, the second was held in the Senate Appropriations Committee. The veto message stated that “Modifying existing law to make red-light violations from a right turn less egregious sends the wrong message to the public that California is tolerant of these types of offenses. It is our responsibility to protect the motoring public and not increase the risk of traffic collisions.” The author states that rolling right turns are far less serious than straight-through violations and therefore should carry lesser penalties.

Related/Prior Legislation

SB 681 (Hill, 2016) was virtually identical to this bill. The bill died in the Senate Appropriations Committee.

AB 909 (Hill, 2010) would have reduced the base fine for “rolling right turn” violations back to $35. The bill was vetoed by Governor Schwarzenegger.

AB 1191 (Shelley, Chapter 852, Statutes of 1997) increased the base fine for red-light signal violations from $35 to $100.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, unknown, significant loss of state and local penalty assessment revenues. 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. Reducing the base fine for failure to stop before turning right on a red light, or turning left from a one-way street onto another one-way street, would result in the following reductions in fine and fee revenues for each conviction:

• 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)

SUPPORT: (Verified 5/27/16)

AAA Northern California, Nevada, and Utah

A New Way of Life Re-entry Project

American Civil Liberties Union of California

Automobile Club of Southern California

California Association of Highway Patrolmen

Legal Services for Prisoners with Children

National Motorists Association

Safer Streets L.A.

Western States Trucking Association

OPPOSITION: (Verified 5/27/16)

None received

Prepared by:

5/28/16 16:45:58

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 986 (Hill) - Vehicles: right turn violations

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 986 would reduce the base fine from $100 to $35 for turning right on a red light, or turning left from a one-way street onto another one-way street, without coming to a complete stop.

Fiscal Impact:

Unknown, significant loss of state and local penalty assessment revenues. 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. Reducing the base fine for failure to stop before turning right on a red light, or turning left from a one-way street onto another one-way street, would result in the following reductions in fine and fee revenues for each conviction:

• 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)

The Department of Motor Vehicles (DMV) has conviction data indicating that over 300,000 annual red light violations were reported to them for assessment of a violation point in recent years (356,000 in 2015 and 305,000 in 2014). Staff notes, however, that there is no reliable statewide data on the number of red light violations that are a result of a driver turning right on a red light. For every 10,000 violations subject to a reduced base fine, there would be a total reduction of $1.74 million 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. Except where a sign is in place prohibiting a turn, a driver facing a red light who has come to a complete stop may turn right or turn left from a one-way street onto another one-way street. A driver making such a turn must yield right-of-way to pedestrians in an adjacent crosswalk and to vehicles approaching until the driver can proceed with reasonable safety. Failure to stop at a red light is an infraction punishable by a base fine of $100. Failure to yield right-of-way to pedestrians or approaching vehicles when making a turn after coming to a complete stop is an infraction punishable by a base fine of $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:

SB 986 would specify that failure to come to a complete stop at an intersection when facing a steady red light prior to turning right, or turning left from a one-way street onto another one-way street, is an infraction punishable by a base fine of $35.

Related Legislation:

AB 1191 (Shelley), Chap 852/1997, increased the base fine for red light signal violations to $100.

AB 909 (Hill), which was vetoed by Governor Schwarzenegger in 2010, would have reduced the base fine from $100 to $35 for turning right on a red light, or turning left from a one-way street onto another one-way street, without coming to a complete stop. The veto message included the following:

A driver running a red-light, whether they are traveling straight, or turning right, makes a very dangerous traffic movement that endangers the nearby motoring public, bicyclists, and pedestrians. Modifying existing law to make red-light violations from a right turn less egregious sends the wrong message to the public that California is tolerant of these types of offenses. It is our responsibility to protect the motoring public and not increase the risk of traffic collisions.

SB 681 (Hill), which was held on this Committee’s Suspense File in January, is functionally identical to this bill. Staff notes that SB 681 was originally introduced as a measure to address problems related to “patent trolls,” then amended on the Senate Floor to instead address a corporation tax issue by denying a business expense deduction for a fine imposed on the Pacific Gas and Electric Company by the California Public Utilities Commission, and subsequently amended on January 5, 2016 to remove those provisions and insert the language proposing to reduce the base fine for “rolling” turns on a red light.

Staff Comments:

This bill would decrease the base fine for what many consider to be a less dangerous form of red light violation than running straight through an intersection or turning left on red. The author contends that previous legislation that increased the base fine for a red light violation to $100 was intended to target straight through and left turn on red violations since they are the most dangerous violations at intersections, but that the measure inadvertently made right turn violations subject to the same increased base fine. By reducing the base fine for rolling right turns, this bill is intended to ensure the penalty matches the severity of the offense.

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 statewide data on the number of red light violations that are a result of a driver turning right on a red light. The author has provided data from cities where red light enforcement cameras have been installed that indicates an average of 40% of tickets issued for red light violations are a result of drivers failing to stop before turning right on red (nearly 97,000 out of a total of approximately 243,000 citations issued through red light cameras in 2014). It is unclear that this percentage would be applicable statewide due to variations in enforcement across jurisdictions, but it appears safe to assume that the reduced base fines in this bill would apply to citations numbering in the tens of thousands in a given year.

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: SB 986 Hearing Date: 3/29/2016

SUBJECT: Vehicles: right turn violations

DIGEST: This bill reduces the base fine for “rolling right turn” violations.

ANALYSIS:

Existing law requires a driver to stop at a red light and prohibits the driver from proceeding until given an indication to do so. Failing to stop at a red light is a violation carrying a base fine of $100, as well as a violation point.

Unless there is a sign prohibiting it, a driver may turn right at a red light after coming to a complete stop. A driver may also turn left from a one-way street onto another one-way street, after coming to a complete stop, during a red light. Stopping but then proceeding to make an unsafe turn — for example, by failing to yield to a pedestrian in the crosswalk — carries a $35 base fine and a violation point.

The state Judicial Council annually adopts a uniform traffic penalty schedule for all non-parking infractions outlined in the Vehicle Code. Existing law establishes the base fine for red-light violations at $100; due to additional surcharges, penalties, and assessments, a $100 base fine is equivalent to a total of $541.

This bill provides that turning right on a red light, or turning left from a one-way street onto another one-way street without first coming to a complete stop, is a violation carrying a base fine of $35.

COMMENTS:

1. Purpose. According to the author, the 1997 legislation increasing the base fine for red-light violations from $35 to $100 (see “Related Legislation” below) was targeted at straight-through and left-turn violations, which are the most dangerous violations at intersections. This issue has gained increased attention over the years with the proliferation of red-light cameras. In addition, red-light ticket fines have increased dramatically; in 1997, the total cost of a red-light violation was around $100, while now it exceeds $500. The author states that this amount is excessive for a “rolling right turn” on red, a maneuver that is not overtly dangerous. This bill would reduce the base fine to $35, for a total of $289.

The author cites Judicial Council data indicating that in many municipalities, the majority of red-light violation tickets are issued for right-turn violations. Additionally, a 2008 Los Angeles Times study revealed that 80% of red-light camera tickets are issued not to drivers running straight through intersections, but to drivers making rolling right turns. People making right turns are generally going at a low speed, and resulting accidents tend to be much less serious in nature. By reducing the base fine for rolling right turns, this bill helps ensure the penalty matches the offense.

1. Violation points. DMV assigns violation points against an individual’s driver’s license for certain traffic offenses to identify a driver as a negligent operator. Violation points vary with the gravity of the offense; for example, a “fix-it” ticket does not count for any violation points, a speeding ticket counts for one violation point, and driving while under the influence of alcohol or drugs counts for two violation points. DMV may suspend an individual’s driver’s license for six months if he or she receives four points in one year, six points in two years, or eight points in three years. An individual may request a DMV hearing to avoid a license suspension. Existing law assigns one violation point to red-light offenses; this bill would not change that provision.
2. What about pedestrian safety? Existing law requires a driver to yield to a pedestrian in a crosswalk or intersection. Existing law also requires a driver to come to a complete stop before making a turn on a red light. While this bill reduces the fine for a rolling right turn, it does not make a rolling right turn legal, nor does it affect the pedestrian right-of-way statute.
3. Another try. The author carried nearly identical bills to this bill in 2010 and 2015 (see “Related Legislation” below); the first was vetoed by Governor Schwarzenegger, the second was held in the Senate Appropriations Committee. The veto message stated that “Modifying existing law to make red-light violations from a right turn less egregious sends the wrong message to the public that California is tolerant of these types of offenses. It is our responsibility to protect the motoring public and not increase the risk of traffic collisions.” The author states that rolling right turns are far less serious than straight-through violations and therefore should carry lesser penalties.
4. Triple-referred. This bill has also been referred to the Committees on Public Safety and Appropriations.

Related Legislation:

AB 1191 (Shelley, Chapter 852, Statutes of 1997) — increased the base fine for red-light signal violations from $35 to $100.

AB 909 (Hill) — vetoed by Governor Schwarzenegger in 2010; would have reduced the base fine for “rolling right turn” violations back to $35.

SB 681 (Hill) – held on suspense in the Senate Appropriations Committee in January 2016; virtually identical to this bill.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

March 23, 2016.)

SUPPORT:

AAA Northern California, Nevada, and Utah

Automobile Club of Southern California

National Motorists Association

Safer Streets L.A.

Western States Trucking Association

OPPOSITION:

None received.

-- END --