Legislature(2001 - 2002)
04/24/2002 01:12 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 222 - REQUIRE SLOW DRIVERS TO PULL OVER [Contains brief mention of SB 339.] Number 1383 CHAIR ROKEBERG announced that the last order of business would be CS FOR SENATE BILL NO. 222(FIN), "An Act relating to certain motor vehicles that are required to yield to following traffic." Number 1392 SARA WRIGHT, Staff to Senator Dave Donley, Alaska State Legislature, said on behalf of Senator Donley, sponsor, that SB 222, with the cooperation of the Department of Transportation & Public Facilities (DOT&PF), increases the amount of signage along some of Alaska's highways, informing motorists of the already existing regulation prohibiting a vehicle from delaying five or more vehicles. Senate Bill 222 also increases the fine from $30 to $200, and adds an assessment of two points on the violator's driver's license. She noted that there is a proposed House committee substitute. Number 1451 REPRESENTATIVE MEYER moved to adopt the proposed House committee substitute (HCS) for SB 222, version 22-LS0611\O, Ford, 4/22/02, as a work draft. There being no objection, Version O was before the committee. MS. WRIGHT pointed out that Version O no longer contains language stipulating that a driver who pulls over must have 100 feet of unobstructed roadway. The language which has been deleted is, "there is at least 100 feet of visible and in from of that motor vehicle and". She explained that this change was made after a constituent expressed the concern that that language would encourage people to follow too closely. She noted that the existing regulations simply stipulate that the driver pull over at the first available safe area. CHAIR ROKEBERG asked Ms. Wright whether she has seen the correspondence from Mr. Dillard. MS. WRIGHT said she had not. CHAIR ROKEBERG, focusing on one of Mr. Dillard's points, said that under SB 222, if a driver is driving 62 miles per hour and the speed limit is 65 miles per hour, he/she would have to pull over. MS. WRIGHT confirmed that that would be the case if the driver has five or more vehicles directly behind him/her. She remarked that when drivers find themselves behind slower vehicles, "that's when they get stupid; they start to pass on corners, pass in areas that they shouldn't." The goal of SB 222 is to keep people safe. CHAIR ROKEBERG opined, however, that if a person is driving only three miles per hour under the speed limit, he/she shouldn't have to [pull over]. Number 1584 MS. WRIGHT pointed out that according to existing regulation - 13 AAC 02.050 - the driver in that situation is required to pull over. That regulation reads: (b) Upon all roadways outside an urban district, a vehicle other than an emergency vehicle proceeding at less than the maximum authorized speed of traffic must be driven in the right-hand lane or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road, or driveway. However, on a two-lane highway outside an urban district where passing is unsafe because of oncoming traffic or other conditions, the driver of a motor vehicle proceeding at less than the maximum authorized speed of traffic and behind whom five or more vehicles are formed in a line shall turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists in order to permit following vehicles to pass. CHAIR ROKEBERG, after remarking that the regulations already address this issue, asked, "Why are we making it a statute?" MS. WRIGHT reiterated that SB 222 increases the signage pertaining to that regulation; the DOT&PF has committed to placing 20 signs on some of Alaska's highways and at the borders, informing people that this regulation exists. REPRESENTATIVE JAMES remarked that [the bill] doesn't say that. Number 1645 HEATHER M. NOBREGA, Staff to Representative Norman Rokeberg, House Judiciary Standing Committee, Alaska State Legislature, noted that SB 222 also increases the fine [to $200] and takes [two] points off of a person's driver's license. CHAIR ROKEBERG opined that a driver going only 3 miles per hour under the speed limit shouldn't have to pull over even if there are ten vehicles behind him/her. REPRESENTATIVE JAMES indicated that regardless of how fast she is going, if there were that many vehicles behind her, she would pull over. She mentioned, however, that she has concerns about putting such language in statute. REPRESENTATIVE KOOKESH said that he did not see the need for this legislation; additionally, he said he did not think that [neglecting to pull over] rises to the level of losing [driver's license] points. He remarked that unless that provision is changed, he would not be able to support the bill. CHAIR ROKEBERG asked how many points have to be assessed before a person has his/her driver's license revoked. MS. WRIGHT said that a person can have his/her driver's license revoked if assessed 12 points in a 12-month period, or 18 points in a 24-month period. REPRESENTATIVE KOOKESH reiterated that [neglecting to pull over] shouldn't rise to the level of losing points. REPRESENTATIVE JAMES agreed. REPRESENTATIVE KOOKESH noted that people lose points for drunken driving or causing accidents. He said that he did not have a problem with the regulation or the fine, but he does not support the assessment of points. REPRESENTATIVE MEYER suggested deleting the assessment of points. CHAIR ROKEBERG suggested changing the assessment to one point. Number 1746 REPRESENTATIVE JAMES asked if the regulation assesses driver's license points. MS. WRIGHT said there is a $30 fine for violating the regulation, but no deduction of points. REPRESENTATIVE JAMES asked, "How does this compare with other fines for violations?" MS. WRIGHT said that there is a $30 fine for obstructing traffic, and a $50 fine for emerging from an alley or driveway without stopping. In response to a question, she confirmed that Senator Donley has other legislation pending - SB 339 - that will increase criminal fines. REPRESENTATIVE JAMES reiterated that she agrees with Representative Kookesh on the issue of point assessment. Additionally, she remarked that the bill should stipulate how many miles per hour below the speed limit one must be going before having to pull over. She opined that "this is really a courtesy issue more than it is a violation of driving," and suggested that a $200 fine is a little steep. Number 1859 REPRESENTATIVE MEYER said that he wanted to discuss some possible amendments. He suggested amending line 5 to read, "A person operating a motor vehicle five miles below the posted speed limit". Number 1872 CHAIR ROKEBERG called Representative Meyer's suggestion Conceptual Amendment 1. Number 1879 REPRESENTATIVE MEYER then suggested amending Version O further by deleting the provision regarding point assessment. He indicated, however, that he is in favor of the $200 fine. CHAIR ROKEBERG remarked that the committee should first address Conceptual Amendment 1 before moving on to Representative Meyer's other suggestions. He clarified that Conceptual Amendment 1 would insert "five miles per hour" on line [5] after "vehicle". MS. WRIGHT suggested instead that Conceptual Amendment 1 insert "five miles or more". Number 1903 CHAIR ROKEBERG accepted that language, and [although it had not been formally moved] asked whether there were any objections to Conceptual Amendment 1. Number 1917 REPRESENTATIVE KOOKESH objected for the purpose of discussion. He said: "I know in Alaska and many other states, we talk about the maximum speed limit. This is the first time I think I've ever heard us talk about a minimum speed limit. So, you might have to look at that to see whether we can really do it." REPRESENTATIVE COGHILL noted that if the provisions of SB 222 apply to the U.S. Army when it moves vehicles to and from different areas of the state, it could become problematic. CHAIR ROKEBERG asked how much the fine is for going five miles per hour over the speed limit. MS. WRIGHT indicated that she is not sure how much that fine is. REPRESENTATIVE MEYER posited that the fine for going five miles per hour under the speed limit should be consistent with the fine for going five miles per hour over the speed limit. CHAIR ROKEBERG opined that under the provisions of SB 222, a person would be fined more money for going under the speed limit than he/she would be for speeding. REPRESENTATIVE KOOKESH withdrew his objection to Conceptual Amendment 1 Number 2018 CHAIR ROKEBERG [treating Conceptual Amendment 1 as adopted] suggested that the committee next take up the issue of point assessment. Number 2035 REPRESENTATIVE MEYER said that he would like the fine in SB 222 to be the same as for going five miles per hour over the speed limit, and suggested such as Conceptual Amendment [2]. REPRESENTATIVE JAMES questioned making the fine the same. She said that going five miles per hour under the speed limit is a lot safer than going five miles per hour over. CHAIR ROKEBERG suggested, instead, changing the fine to $100. REPRESENTATIVE MEYER agreed. Number 2061 CHAIR ROKEBERG announced Conceptual Amendment 2 to be amended such that it would change the fine to $100 and would delete the provision pertaining to the assessment of points against a person's driver's license. Number 2069 CHAIR ROKEBERG asked whether there were any objections to Conceptual Amendment 2, as amended. There being no objection, Conceptual Amendment 2, as amended, was adopted. Number 2074 REPRESENTATIVE MEYER moved to report HCS for SB 222, version 22- LS0611\O, Ford, 4/22/02, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 222(JUD) was reported from the House Judiciary Standing Committee.
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