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 that provision is an infraction punishable by a fine of $100.

This bill would, beginning January 1, 2020, revise and recast those provisions, and instead would make a violation of that the requirement for a right turn, or a left turn from a one-way street onto a one-way street, an infraction punishable by a fine of $35. up to $100 pursuant to the general Vehicle Code provisions described above. The bill would make additional conforming changes. The bill would also make a statement of legislative findings and declarations.

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, beginning July 1, 2019, January 1, 2020, 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. The bill would also make a statement of legislative findings and declarations.

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, beginning July 1, 2019, 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. The bill would also make a statement of legislative findings and declarations.

Date of Hearing: August 8, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1132

Author:(Hill) – As Amended Ver:June 18, 2018

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

SUMMARY:

This bill specifies that a driver who fails to stop at a steady circular red signal at the marked line and then proceeds to make a right turn or a left turn from a one-way street to another one-way street shall face the standard penalties for violating the vehicle code, including a fine of up to $100 (meaning the base fine can be less than $100) for the first offense, rather than a fine of $100 as is the case under current law.

FISCAL EFFECT:

1. Unknown potentially significant effect on fine and penalty revenues that support various state and local programs, such as trial courts. On the one hand, allowing for a reduced base fine (potentially under $100), and thus reducing the associated penalties, could result in less revenue collected from lower fine and penalty amounts. On the other hand, the lower amounts will be easier for people to afford and, as a result, more people will likely pay the fine and penalties when assessed. In addition, revenue collection will depend on the number of red light violations that occur and are charged the lower fine amounts. Currently, there is not detailed data on the number of right turn rolling stop red light violations that are currently charged a $100 base fine (due to lack of clarity in existing law it is possible that some rolling right turn violations are already charged a $35 base fine). Thus, the potential magnitude of violations that would be subject to a lower fine amount is unknown. In addition, the specific base fine amount that might be set under this bill is unknown. The net effect of these changes is unknown, although there is the potential for significant change (more than $150,000) in revenue collection.
2. Minor information technology programming costs, in the tens of thousands of dollars, to the Department of Motor Vehicles.

COMMENTS:

1. Background. 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. Due to additional penalties applied to the base fine, a $100 base fine is equivalent to a total of $541. The additional penalties include various state and local assessments that fund specific programs through complex funding formulas. Other violations of the vehicle code that do not have a specified fine amount are subject to a fine up to $100, meaning the base fine amount can be lower than $100.
2. Purpose. According to the author:

A nearly $500 fine for a ‘rolling right’ is simply too egregious, especially considering much more dangerous maneuvers are cited for less. A $500 ticket is an excessive amount of money for most families, especially for a maneuver that is not overtly dangerous.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: June 25, 2018

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

SBPCA Bill Id:SB 1132

Author:(Hill) – As Amended Ver:June 18, 2018

SENATE VOTE: 39-0

SUBJECT: Vehicles: right turn violations.

SUMMARY: Creates a separate violation for failing to yield at a red light for the purpose of making a right hand turn or a left hand turn from a one way street to another one way street and creates a lower penalty than the existing penalty for failing to yield at a red light. Specifically, this bill:

1. Specifies that a driver who fails to stop at a steady circular red signal at the marked line and then proceeds through the intersection shall face a penalty of $100.
2. Specifies that a driver who fails to stop at a steady circular red signal at the marked line and then proceeds to make a right turn or a left turn from a one way street to another one way street shall face a penalty up to $100 for the first offense.

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 negligent operator point.
2. Allows a driver, after stopping at a steady circular red signal, to turn right or turn left from a one-way street onto a one-way street. A driver making that turn is required to 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. Failing to yield results in a fine of up to $100.
3. Provides that a violation of the vehicle code, unless otherwise specified, shall be punishable as follows:
   1. By a fine not exceeding $100.
   2. For a second infraction occurring within one year of a prior infraction that resulted in a conviction, a fine not exceeding $200.
   3. For a third or subsequent infraction occurring within one year of two or more prior infractions that resulted in convictions, a fine not exceeding $250.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose: According to the author, “A nearly $500 fine for a ‘rolling right’ is simply too egregious, especially considering much more dangerous maneuvers are cited for less. A $500 ticket is an excessive amount of money for most families, especially for a maneuver that is not overtly dangerous.

“This issue has gained attention with the dramatic proliferation of red light cameras. Reports have demonstrated that in many municipalities, the vast majority of tickets issued are for right turn violations when the driver fails to come to a complete stop. These cameras are focused more on generating cash instead of enhancing public safety, which was the original purpose.”

Consequences of Running a Red Light: According to the Federal Highway Administration (FHWA), 3,529 people were killed as a result of red light running between 2010 and 2014, or more than 1,000 more individuals than U.S. soldiers that have died in our 17 year conflict in Afghanistan. In fact, in the previous decade, nearly 9,000 individuals were killed as a result of red light running. An estimated 165,000 people are injured annually by vehicles running red lights. These accidents cost our economy an estimated $230 billion annually.

According to a 1995 report to Congress from the National Highway Traffic Safety Administration (NHTSA), of the 485,104 fatalities between 1982 and 1992, 84 involved a vehicle making a right turn at an intersection, and it is impossible to determine if those 84 accidents were a right turn on red.

While significantly more individuals are killed every year for failing to yield to a red light and proceeding across the intersection compared to a right turn on red, the penalty is the same.

Increasing Fines: The cost of fines and fees associated with traffic and parking citations has steadily increased over the last few decades. After adding on fees to base fines, tickets can total in the hundreds of dollars. Add-on fees for minor offenses double or quadruple the original fine, and until recently California suspended driver’s licenses for failure to pay traffic fines.

Unpaid traffic fine debt has been adding up. According to the Legislative Analyst’s Office, the state now has over $10 billion in unpaid court ordered debt. The Legislature and Governor have made several efforts to collect unpaid debt and to address the negative consequences of unpaid fines. In last year’s budget, the state removed the court’s authority to notify the Department of Motor Vehicles (DMV) for the suspension of individuals’ driver’s licenses for unpaid traffic fines. Governor Brown also signed AB 503 (Lackey), Chapter 741, Statutes of 2017, which requires a payment program to be offered to indigent individuals before agencies can use DMV to collect unpaid parking tickets.

Actual Costs of Fines: There is currently a $100 fine for failing to yield at a red light. The actual costs are significantly higher when accounting for fees. Under the 2018 Uniform Bail and Penalty Schedule (UBPS), a $100 fine with penalty and fee assessments becomes a $491 ticket. Alternatively, If you stop at a red light but then proceed to make a turn with a pedestrian in a cross walk, a judge has the authority to set a fine up to $100. The UBPS sets the fine at $35, resulting in a $238 ticket.

The Loss of Judicial Discretion: AB 1191 (Shelley), Chapter 852, Statutes of 1997, removed the judiciary’s discretion on setting fines for red light violations. Prior to 1997, a judge had the authority to set a fine for a red light violation up to $100 for the first infraction, a fine up to $200 for a second infraction in a single year, and a $250 fine for the third infraction.

At the time of the bill’s passage, the UBPS set a base fine for a red light violation at $35, with the ticket coming out to $104 after fees and penalties were assessed. The Legislature at the time believed a $104 ticket for the first offence was too low for a red light violation. AB 1191 took away judicial discretion to set fines up to $100, and instead required a $100 fine. At the time of AB 1191’s passage, this resulted in a ticket of $270 for a red light violation. Since 1997 the penalty and fee assessments have increased significantly, resulting in a fine nearly $200 more than the penalty the Legislature intended to create in 1997. Further, by taking away judicial discretion on setting fines for red light violations, all red light violations are treated the same, regardless of the facts. The use of red light cameras have taken away the discretion a law enforcement officer may have used when giving a driver a ticket for running a red light by not coming to a complete stop and making a right turn on red.

This bill seeks to remedy the problem created through the removal of judicial discretion for red light violations by bifurcating various types of red light violations and providing the potential for a lower fine for violations that may not have the same safety risks. This bill allows the judiciary to set a fine up to $100 for the newly created offense for a right turn on red. If the Judicial Council follows the same logic that resulted in a $35 base fine for failing to yield to a pedestrian, or the old $35 fine for failing to yield at a red light, then the ticket for a right turn on red will likely be $35 ($238 after fees and penalties are added). Judges will have the authority to set the fine lower or higher than that if the facts of the case warrant a different fine.

Previous Legislation: SB 493 (Hill) of 2017, would have reduced the base fine for “rolling right turn” violations from $100 to $35. SB 493 was held on the Assembly Appropriations Committee suspense file.

SB 986 (Hill) of 2016, would have reduced the base fine for “rolling right turn” violations from $100 to $35. SB 986 was held on the Assembly Appropriations Committee suspense file

SB 681 (Hill) of 2015, would have reduced the base fine for “rolling right turn” violations from $100 to $35. SB 681 was held on the Senate Appropriations Committee suspense file

AB 909 (Hill) of 2010, would have reduced the base fine for “rolling right turn” violations from $100 to $35. AB 909 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.

REGISTERED SUPPORT / OPPOSITION:

Support

AAA Northern California, Nevada, and Utah

Amalgamated Transit Union

American Civil Liberties Union of California

Automobile Club of Southern California

California Teamsters Public Affairs Council

National Motorists Association

Safer Streets LA

Western States Trucking Association

Opposition

California Walks

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093

 THIRD READING  

Bill No: SB 1132

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/3/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Roth, Skinner, Vidak, Wieckowski, Wiener

NO VOTE RECORDED: Morrell

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

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.
2. Allows a driver to turn right after coming to a complete stop, unless there is a sign prohibiting it. Also allows a driver to turn left from a one-way street onto another one-way street after coming to a complete stop, during a red light.
3. Provides that 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.
4. Provides that the state Judicial Council annually adopts a uniform traffic penalty schedule for all non-parking infractions outlined in the Vehicle Code.
5. 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 more than $500.

This bill provides that, effective July 1, 2019, 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.

Background

The Department of Motor Vehicles (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. The 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. Existing law assigns one violation point to red-light offenses; this bill would not change that provision.

Comments

1. Purpose. The author states that a $500 fine for a “rolling right” is simply too egregious, especially considering that much more dangerous maneuvers are cited for less. This bill simply makes sure that the penalty fits with the seriousness of the offense; failing to come to a complete stop at a red light when turning right should carry the same fine as making an unsafe right turn.
2. 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. The author notes that accident statistics compiled from the California Highway Patrol’s Statewide Integrated Traffic Records System database indicate that very few accidents occur in California due to drivers performing rolling right turns; specifically, an average of 27 rolling right turn collisions occur each year involving pedestrians.
3. Trying again. The author carried bills nearly identical to this bill in 2010, 2015, 2016, and 2017 (see “Related Legislation” below). The author states that his office has been contacted more than 50 times regarding this issue. The author states that the penalty should fit the offense, particularly since more egregious offenses carry lesser fines; for example, passing unsafely, driving the wrong way on a one-way street, and driving on the sidewalk all carry a base fine of only $70.

Related/Prior Legislation

SB 493 (Hill, 2017) reduces the base fine for “rolling right turn” violations from $100 to $35. This bill was held on the suspense file in the Assembly Appropriations Committee.

SB 986 (Hill, 2016) would have reduced the base fine for “rolling right turn” violations from $100 to $35. This bill was held on the suspense file in the Assembly Appropriations Committee.

SB 681 (Hill, 2015) would have reduced the base fine for “rolling right turn” violations from $100 to $35. This bill was held on the suspense file in the Senate Appropriations Committee.

AB 909 (Hill, 2010) would have reduced the base fine for “rolling right turn” violations from $100 to $35. This 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, beginning in the 2019-20 fiscal year. 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 DMV has conviction data indicating that an annual average of over 300,000 red light violations were reported to them for assessment of a violation point in recent years (see staff comments). 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)

SUPPORT: (Verified 5/25/18)

AAA Northern California, Nevada, and Utah

Amalgamated Transit Union

American Civil Liberties Union of California

Automobile Club of Southern California

California Teamsters Public Affairs Council

National Motorists Association

Safer Streets LA

Western States Trucking Association

OPPOSITION: (Verified 5/25/18)

California Walks

ARGUMENTS IN SUPPORT: Supporters state that this bill ensures that the penalty fits with the seriousness of the offense.

ARGUMENTS IN OPPOSITION: California Walks states that this bill attempts to reduce a financial burden by increasing the risk to life and limb for people already endangered on our streets.

Prepared by:

5/26/18 14:35:41

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 1132 (Hill) - Vehicles: right turn violations

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

Bill Summary:

SB 1132 would, beginning July 1, 2019, 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, beginning in the 2019-20 fiscal year. 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 an annual average of over 300,000 red light violations were reported to them for assessment of a violation point in recent years (see staff comments). 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 1132 would specify that, beginning July 1, 2019, 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:

The following measures were effectively identical to this bill: SB 493 (Hill), which was held on the Assembly Appropriations Committee’s Suspense File in 2017; SB 986 (Hill), which was held on the Assembly Appropriations Committee’s Suspense File in 2016; and SB 681 (Hill), which was held on this Committee’s Suspense File in January of 2016.

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.

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

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 on a two-way street. 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.

In addition to payment of fines and fees, a person convicted of a red light violation is also subject to the assignment of a violation point against his or her driver’s license. 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, 304,970 total convictions in 2015, 271,221 total violations in 2016, and 270,004 total violations in 2017. 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 2014 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 that year through red light cameras). 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

2017 - 2018 Regular

Bill No: SB 1132 Hearing Date: 4/3/2018

SUBJECT: Vehicles: right turn violations

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.
2. Allows a driver to turn right after coming to a complete stop, unless there is a sign prohibiting it. Also allows a driver to turn left from a one-way street onto another one-way street after coming to a complete stop, during a red light.
3. Provides that 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.
4. Provides that the state Judicial Council annually adopts a uniform traffic penalty schedule for all non-parking infractions outlined in the Vehicle Code.
5. 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 more than $500.

This bill provides that, effective July 1, 2019, 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. The author states that a $500 fine for a “rolling right” is simply too egregious, especially considering that much more dangerous maneuvers are cited for less. This bill simply makes sure that the penalty fits with the seriousness of the offense; failing to come to a complete stop at a red light when turning right should carry the same fine as making an unsafe right turn.
2. Violation points. The Department of Motor Vehicles (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. The 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. Existing law assigns one violation point to red-light offenses; this bill would not change that provision.
3. 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. The author notes that accident statistics compiled from the California Highway Patrol’s Statewide Integrated Traffic Records System database indicate that very few accidents occur in California due to drivers performing rolling right turns; specifically, an average of 27 rolling right turn collisions occur each year involving pedestrians.
4. Trying again. The author carried bills nearly identical to this bill in 2010, 2015, 2016, and 2017 (see “Related Legislation” below). The author states that his office has been contacted more than 50 times regarding this issue. The author states that the penalty should fit the offense, particularly since more egregious offenses carry lesser fines; for example, passing unsafely, driving the wrong way on a one-way street, and driving on the sidewalk all carry a base fine of only $70.

Related Legislation:

SB 493 (Hill, 2017) — would have reduced the base fine for “rolling right turn” violations from $100 to $35. This bill was held on the suspense file in the Assembly Appropriations Committee.

SB 986 (Hill, 2016) — would have reduced the base fine for “rolling right turn” violations from $100 to $35. This bill was held on the suspense file in the Assembly Appropriations Committee.

SB 681 (Hill, 2015) — would have reduced the base fine for “rolling right turn” violations from $100 to $35. This bill was held on the suspense file in the Senate Appropriations Committee.

AB 909 (Hill, 2010) — would have reduced the base fine for “rolling right turn” violations from $100 to $35. This 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:

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

March 28, 2018.)

SUPPORT:

AAA Northern California, Nevada, and Utah

American Civil Liberties Union of California

Automobile Club of Southern California

California Teamsters Public Affairs Council

National Motorists Association

Safer Streets LA

Western States Trucking Association

OPPOSITION:

California Walks

-- END --