Legislature(2015 - 2016)CAPITOL 17

02/24/2015 01:00 PM House TRANSPORTATION



* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 88 FEES FOR TIRES TELECONFERENCED
Heard & Held
*+ HB 91 OPERATING MOTOR VEHICLES IN TRAFFIC LANE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
- Lt. Rodney Dial, DPS
- Gary Biller, President, National Motorists
Association
- Mark Neidhold, Chief of Design & Construction
Standards, Dept. of Transportation & Public
Facilities
Followed by Public Testimony if Time Allows
         HB 91-OPERATING MOTOR VEHICLES IN TRAFFIC LANE                                                                     
                                                                                                                                
1:19:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER announced that the  final order of business would                                                               
be  HOUSE BILL  NO. 91,  "An Act  relating to  operating a  motor                                                               
vehicle in lanes of traffic."                                                                                                   
                                                                                                                                
1:20:01 PM                                                                                                                    
                                                                                                                                
STUART  KRUEGER,  Staff,  Representative Shelley  Hughes,  Alaska                                                               
State Legislature,  on behalf of  the sponsor, stated that  HB 91                                                               
hopes  to address  left-lane lingering  on highways.   This  bill                                                               
would amend AS 28.35.140 to add  a new sub-section to the portion                                                               
of   statutes   that   prohibits   vehicles   from   purposefully                                                               
obstructing or  blocking traffic  on any roadway.   He  said that                                                               
subsection (c)  will require motorists  to operate in  the right-                                                               
hand lane, unless directed otherwise,  when overtaking or passing                                                               
other vehicles traveling in the  same direction or when preparing                                                               
for a  left-hand turn into  an alley, private driveway,  or road.                                                               
He anticipated further exceptions will  be considered at the next                                                               
hearing in a proposed committee substitute.                                                                                     
                                                                                                                                
1:22:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HUGHES,  speaking as  prime sponsor of  HB 91,  said she                                                               
brought this bill  forward since Alaska often has  one roadway to                                                               
get  from  point  "a"  to   point  "b"  and  drivers  often  find                                                               
themselves stuck  in slow moving,  congested, and  unsafe traffic                                                               
on multi-lane highways,  or two or more lanes moving  in the same                                                               
direction.   She said that HB  91 aims to make  Alaska's roadways                                                               
safer and more  efficient by reserving the left  lane for passing                                                               
only with a few exceptions.   This bill would basically designate                                                               
a portion  of the roadway -  the left-hand lane -  for a specific                                                               
purpose.   She related  her understanding  that some  people find                                                               
this as  an infringement of  their rights; however,  she reminded                                                               
members that roads currently are  designed for certain functions.                                                               
She  highlighted  that motorists  currently  don't  drive on  the                                                               
shoulder, perform "U  turns" and exit the on ramp,  or make right                                                               
hand turns from the left turn  lane.  These "designations" of the                                                               
pavement allow traffic  to flow in an orderly way.   She reviewed                                                               
exceptions,  including   using  the   left  lane   when  passing,                                                               
preparing for a left turn,  when otherwise directed, or when road                                                               
conditions make  it unsafe  to operate  in the  right lane.   She                                                               
stated that a  proposed committee substitute (CS) for  HB 91 will                                                               
address some  concerns that  have been raised,  but she  will not                                                               
address  it today  since members  have not  had adequate  time to                                                               
review the draft.   She stated that using the  right-hand lane is                                                               
not  a new  concept for  Alaska's drivers,  since friendly  signs                                                               
currently  direct  slower traffic  to  keep  right; however,  the                                                               
current law allows  drivers on a multi-lane road to  travel at or                                                               
below the  posted speed in the  left lane.  She  said this causes                                                               
unnecessary or dangerous congestion.                                                                                            
                                                                                                                                
1:25:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HUGHES  stated that only  three other states  and Puerto                                                               
Rico  have  not updated  their  laws  restricting left-lane  use;                                                               
however, current restrictions on  two-lane roads require vehicles                                                               
with five  or more  vehicles behind  them to  pull over  [and let                                                               
traffic pass].  What happens  on multi-lane roads, with two lanes                                                               
in the  same direction, is  that two  vehicles can travel  at the                                                               
same speed and  block vehicles traveling behind  them.  Sometimes                                                               
these vehicles are traveling below the speed limit                                                                              
                                                                                                                                
CO-CHAIR  HUGHES emphasized  that  this bill  does not  encourage                                                               
speeding nor does it change the  laws related to speeding, but it                                                               
pertains to drivers who choose to  operate in the left lane since                                                               
they  contribute to  a dangerous  situation.   Left-lane behavior                                                               
that  blocks  or  obstructs  traffic  can  cause  road  rage  and                                                               
increase commute times - especially  in her district with an hour                                                               
commute.    Further, vehicles  operating  in  the left  lane  can                                                               
impede  emergency  vehicles,  she   said.    She  explained  that                                                               
commuters  and  transportation  professionals pointed  out  these                                                               
issues and are  seeking a solution.  She said  the bill imposes a                                                               
$100 fine, which  is similar to the fine for  impeding traffic on                                                               
a two-lane road  by having five or more vehicles  lined up behind                                                               
a  motorist.     The  Department   of  Transportation   &  Public                                                               
Facilities (DOT&PF)  has the responsibility to  plan, design, and                                                               
build roads and make sure that  the roads can be used efficiently                                                               
and safely.   In closing,  this bill  will help even  out traffic                                                               
flow and  make roadways less  dangerous by reducing  uncertain or                                                               
unpredictable  traffic  flow  that   can  create  more  dangerous                                                               
situations.  For  example, when slower moving  vehicles move over                                                               
one lane  to the  right, it  can create a  safer road  for faster                                                               
moving vehicles that otherwise must pass on the right.                                                                          
                                                                                                                                
1:29:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN,  referred to a letter  in members' packets                                                               
from the  Alaska Trucking Association,  Inc. [dated  February 24,                                                               
2015], which  stated that  anticipated enforcement  actions would                                                               
be  taken  rarely and  only  in  the most  egregious  situations.                                                               
Although  he is  a big  proponent of  good courteous  driving, he                                                               
questioned how much  the legislature can legislate  courtesy.  He                                                               
asked  for further  clarification on  which roads  this provision                                                               
would  apply.   He  described several  situations he  experienced                                                               
where all traffic  lanes are full.  For example,  he relayed that                                                               
he has driven on a freeway in  the Los Angeles area when all five                                                               
lanes  are  full,   from  Sea-Tac  [Seattle-Tacoma  International                                                               
Airport]  to  downtown  Seattle,  and from  Anchorage  to  Palmer                                                               
during rush hour.  He wondered  how this bill will affect traffic                                                               
flow   especially  in   wall-to-wall  traffic   situations  since                                                               
everyone will be  required to travel in the right-hand  lane.  He                                                               
asked for  further clarification  on what  would be  considered a                                                               
rural area.                                                                                                                     
                                                                                                                                
CO-CHAIR HUGHES answered that  the proposed committee substitute,                                                               
which  will not  be discussed  today,  will address  some of  the                                                               
concerns  in terms  of road  conditions.   First, she  reiterated                                                               
that the  intent of the  bill is for  motorists to use  the left-                                                               
hand  lane  for  faster  passing   traffic  so  during  times  of                                                               
congested traffic,  even though the  left lane might be  full, it                                                               
will  continue to  move faster.   Thus  left-lane motorists  will                                                               
pass other  traffic and  drivers in  the left  lane that  are not                                                               
moving faster should  merge into the right-hand  lane.  Secondly,                                                               
she said she  did not anticipate any increase  in law enforcement                                                               
under  the bill.    The provisions  of HB  91  are restricted  to                                                               
multi-lane  roadways  so  the  bill   will  apply  to  multi-lane                                                               
roadways in [Anchorage]; however,  she envisioned that exceptions                                                               
will cover the circumstances just  raised.  She acknowledged that                                                               
it isn't  possible to legislate  courtesy, but stated there  is a                                                               
proper order  for the  best, safest,  and most  efficient traffic                                                               
flow.   She anticipated that  as new drivers become  licensed, it                                                               
will affect  behaviors and become more  the norm.  She  hoped the                                                               
bill will improve traffic efficiency and road safety over time.                                                                 
                                                                                                                                
1:33:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN asked whether  this will apply to Minnesota                                                               
Drive,  the  Glenn Highway,  and  Tudor  Road  no matter  if  the                                                               
highways are in urban areas.                                                                                                    
                                                                                                                                
CO-CHAIR HUGHES agreed  the bill will apply, but  pointed out one                                                               
exception  is for  turning left  so  if someone  were driving  on                                                               
Tudor Road it would  be okay for the person to  be driving in the                                                               
left lane if the motorist is planning on a left turn.                                                                           
                                                                                                                                
1:34:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  about  the  enforceability of  the                                                               
law.  She  related a scenario in which people  are driving at the                                                               
speed limit  of 55, parallel to  one another.  She  asked whether                                                               
the  motorist in  the left  lane must  slow down  or speed  up to                                                               
avoid obstructing traffic.                                                                                                      
                                                                                                                                
CO-CHAIR  HUGHES agreed  that under  HB 91,  the motorist  in the                                                               
left lane  would need  to move  to the right  lane since  at some                                                               
point an  approaching motorist  may want to  pass.   She surmised                                                               
that  two  motorists  traveling  the  same  speed  without  other                                                               
vehicles  on the  roadway present  probably would  not warrant  a                                                               
traffic stop;  however, at some  point a motorist  could approach                                                               
and need to pass.  She  suggested the Department of Public Safety                                                               
could clarify potential enforcement.                                                                                            
                                                                                                                                
1:36:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  said she  has personally traveled  in the                                                               
left hand  lane in  inclement conditions to  avoid snow  or water                                                               
from the  vehicle in front  from splashing on her  windshield and                                                               
reducing visibility.   She said  she understands  the frustration                                                               
that some people experience on Egan Expressway.                                                                                 
                                                                                                                                
1:37:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER  expressed an interest  in the response  in terms                                                               
of merging  traffic traveling 55 miles  per hour, but when  a car                                                               
approaches quickly from the rear and  the driver in the left lane                                                               
speeding  up to  pass  the vehicle  in the  right  lane would  be                                                               
speeding.  He asked whether the  driver who was passing would get                                                               
ticketed.                                                                                                                       
                                                                                                                                
1:37:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ORTIZ  said he  doesn't live in  an area  that has                                                               
these  issues, but  he wondered  whether people  typically travel                                                               
the speed limit  or if the traffic flow is  faster than the speed                                                               
limit.                                                                                                                          
                                                                                                                                
CO-CHAIR HUGHES answered that motorists  drive a range of speeds.                                                               
For example, the speed limit is  65 miles per hour (mph) [between                                                               
Anchorage and the  Mat-Su valley], but traffic  speed ranges from                                                               
65-72 miles per hour (mph),  with occasional traffic traveling at                                                               
80 mph.   She anticipated motorists traveling at 80  mph would be                                                               
ticketed.                                                                                                                       
                                                                                                                                
1:38:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ORTIZ  remarked that  the sponsor's  staff, Stuart                                                               
Krueger, captured the  essence of the bill by  phrasing it "left-                                                               
lane lingering."                                                                                                                
                                                                                                                                
CO-CHAIR  HUGHES mentioned  that Georgia  has a  "slow poke"  law                                                               
with a fine of up to $1,000.                                                                                                    
                                                                                                                                
1:39:25 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS),  referring   to  earlier   questions,  pointed   out  that                                                               
currently 13  AAC 02.050 states  that on all roadways  outside of                                                               
an  urban  district  a  vehicle   proceeding  at  less  than  the                                                               
authorized speed must  drive in the right lane.   He offered this                                                               
type of  offense, which is  considered obstructing  traffic, most                                                               
often  occurs when  tourists are  looking at  scenery or  elderly                                                               
drivers  are driving  slower.    It almost  always  results in  a                                                               
warning, he said, and it is  rare that anyone is cited.  Although                                                               
the  department  is  neutral  on   the  bill,  it  would  support                                                               
enforcement   efforts  in   instances   in   which  drivers   are                                                               
intentionally  driving  in  the  left  lane.   In  fact,  in  his                                                               
experience, he has encountered people  who have said they believe                                                               
that everyone  else can  drive behind them.   Thus  he recognized                                                               
instances happen  such that  drivers are  not courteous  to other                                                               
drivers.  He referred to 13  AAC 02.050 as the regulation used to                                                               
cite that  type of behavior or  else law enforcement will  use AS                                                               
28.35,  unlawful  obstruction  or  blocking of  traffic  to  cite                                                               
offenders.                                                                                                                      
                                                                                                                                
1:42:17 PM                                                                                                                    
                                                                                                                                
GARY  BILLER, President,  National  Motorists Association  (NMA),                                                               
stated  that  the NMA  is  an  advocacy organization  with  9,000                                                               
members across  the United States.   He stated that the  NMA very                                                               
strongly  supports this  bill, which  promotes motorists  keeping                                                               
right  on multi-lane  roadways,  which allows  faster traffic  to                                                               
proceed in  the left lane.   The NMA refers to  this principle of                                                               
driving as  "lane courtesy."   In fact,  if all drivers  keep the                                                               
left lane  clear for  faster moving vehicles,  it will  result in                                                               
less congestion, he said.  He  pointed out that it only takes one                                                               
vehicle "camped"  in the  left lane to  cause traffic  to backup.                                                               
Further, he anticipated that under  the bill there would be fewer                                                               
instances  of  tailgating or  potential  road  rage, as  well  as                                                               
enhanced  highway safety  due to  the  smoother, more  consistent                                                               
flow of traffic.   He suggested that many drivers  claim the left                                                               
lane  because they  are  traveling  at or  just  below the  speed                                                               
limit.  That driver behavior can  add to the frustration of other                                                               
drivers if the natural flow  of traffic is constricted.  Further,                                                               
this constriction  can not only adversely  affect normal commuter                                                               
traffic, but that  of emergency vehicles.   His organization does                                                               
not  view this  bill as  a civil  liberties issue  for individual                                                               
drivers,  but  as  being  more about  safety  and  enhancing  the                                                               
"quality  of life  on  the  road" for  the  greater  public.   He                                                               
anticipated that with passage of  HB 91, more Alaska drivers will                                                               
realize the law requires them to  allow faster traffic to pass in                                                               
the left lane, which will lead to improved lane courtesy.                                                                       
                                                                                                                                
1:43:49 PM                                                                                                                    
                                                                                                                                
MR.  BILLER  suggested  that  the  fatality  rate  on  multi-lane                                                               
highways in  the US  is significantly higher  than on  the German                                                               
Autobahn -  as much  as 84  percent higher  - based  on 2010-2011                                                               
data.   Two  major differences  between the  German Autobahn  and                                                               
other major  highways is that  the German Autobahn has  few speed                                                               
limit  restrictions and  average travel  speeds in  excess of  80                                                               
mph.   The other  major reason for  the German  Autobahn's safety                                                               
record is the driving culture in  Germany of keeping to the right                                                               
is strictly practiced.  Many  may view lane courtesy as primarily                                                               
an educational issue  for the motoring public, but  being able to                                                               
inform  drivers who  typically hang  out  in the  left lane  will                                                               
reinforce  the  message,  he  said.   He  encouraged  members  to                                                               
support passage of HB 91.                                                                                                       
                                                                                                                                
1:45:37 PM                                                                                                                    
                                                                                                                                
MARK NEIDHOLD,  Chief, Design & Construction  Standards, Division                                                               
of  Statewide  Design  &   Engineering  Services,  Department  of                                                               
Transportation  & Public  Facilities  (DOT&PF),  stated that  the                                                               
DOT&PF recognizes  that improving right hand  travel and reducing                                                               
left  lane blockage  on multi-lane  facilities has  the potential                                                               
for   operational   improvement   in    terms   of   safety   and                                                               
congestion/capacity.   He reported  that the  national interstate                                                               
system has  the lowest fatal  injury and major injury  crash rate                                                               
per vehicle  mile for all types  of roadways in the  US, in part,                                                               
because the typical right lane  travel is practiced.  This allows                                                               
the [road] facility to function  as intended, with slower traffic                                                               
on  the   right  and  faster   traffic  being  allowed   to  move                                                               
unobstructed  in the  left lane.    The safety  issue arises,  in                                                               
part, due to frustration and  aggressive driving, but also due to                                                               
a mismatch  or variation  in speed.   He  recalled Representative                                                               
[Millett's]  earlier  comments   about  driving  alongside  other                                                               
vehicles  during  snow  or  rain   conditions  as  being  typical                                                               
behavior,  but  it can  bind  all  the  vehicles behind  the  two                                                               
vehicles at  the same speed.   He  acknowledged this can  lead to                                                               
aggressive  driving,  or road  rage,  and  potentially to  unsafe                                                               
passing  or  "wrong" side  passing,  which  can result  in  grave                                                               
consequences.                                                                                                                   
                                                                                                                                
1:48:19 PM                                                                                                                    
                                                                                                                                
MR. NEIDHOLD  said that Alaska  has invested  significant funding                                                               
to develop  its multi-lane facilities.   Since the  Department of                                                               
Transportation &  Public Facilities  (DOT&PF) is  responsible for                                                               
the road system, it developed  the multi-lane roadways to address                                                               
safety as well as to address  capacity and congestion.  He stated                                                               
requiring drivers  to move  right when able,  except due  to left                                                               
turns, frees up the left lane,  or left lanes, to improve traffic                                                               
flow.  This is consistent  with the monies the department invests                                                               
in  the  public  roadway  system and  also  consistent  with  the                                                               
national  standard  established  in  the  uniform  vehicle  code.                                                               
Although most  states use  the UVC  as the  model, the  code does                                                               
help to  create uniformity of  expectation nationwide,  which can                                                               
improve safety.                                                                                                                 
                                                                                                                                
1:50:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HUGHES asked if the  traffic flow is moving along better                                                               
whether it will allow for more cars to travel on a roadway.                                                                     
                                                                                                                                
MR.  NEIDHOLD answered  yes;  except  in gridlock  circumstances,                                                               
[inappropriate] left  lane behavior will keep  all other vehicles                                                               
from  "free flow"  conditions, which  allow  for higher  capacity                                                               
than blocked or obstructed travel.                                                                                              
                                                                                                                                
1:51:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  asked   how  frequently  law  enforcement                                                               
encounters people driving below the  speed limit in the left lane                                                               
and going too slowly.                                                                                                           
                                                                                                                                
LIEUTENANT  DIAL answered  that it  is very  rare.   For example,                                                               
absent gridlock,  drivers can usually get  around someone driving                                                               
in the left lane  by passing in the right lane.   In instances in                                                               
which   the   [Alaska   State  Trooper]   believes   someone   is                                                               
intentionally blocking  traffic, the trooper will  make a traffic                                                               
stop and  can cite the  driver.   Sometimes the driver  will tell                                                               
the trooper he/she  was driving the speed limit.   While that may                                                               
be so, driving speeds typically vary  on curves or hills when the                                                               
driver slows  down, which can  create gridlock.   He acknowledged                                                               
that  the division  makes some  stops  for motorists  obstructing                                                               
traffic.                                                                                                                        
                                                                                                                                
1:53:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN asked  for  clarification  on whether  the                                                               
stops were rare.                                                                                                                
                                                                                                                                
LIEUTENANT  DIAL answered  that the  traffic stops  and citations                                                               
occur more  often on a  two-lane road  with traffic backed  up by                                                               
five or more vehicles, but it  is a fairly rare occurrence on the                                                               
Seward Highway or the Glenn Highway.   In response to a question,                                                               
he agreed that  the statutes prohibit traffic backing  up by five                                                               
or more vehicles on a two-lane roadway.                                                                                         
                                                                                                                                
1:54:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER opened public testimony on HB 91.                                                                               
                                                                                                                                
1:54:42 PM                                                                                                                    
                                                                                                                                
EVERRET HAMILTON  stated that he  lives in the Mat-Su  valley and                                                               
often  drives  to Anchorage.    He  agreed that  signs  encourage                                                               
drivers to keep  right, but "slower" is a relative  term.  He has                                                               
often  experienced  the  situation  in  which  two  cars  driving                                                               
parallel  to  one   another  impede  traffic,  but   he  has  not                                                               
personally  experienced obstructed  traffic when  the roadway  is                                                               
posted  "left lane  passing only."   He  offered his  belief that                                                               
changing the sign from "slower  traffic keep right" to "left lane                                                               
passing  only"   could  help  since   there  is  less   room  for                                                               
interpretation.  He has often  heard complaints from other people                                                               
who were  stuck behind drivers  occupying both lanes at  the same                                                               
speed or  below the posted speed  limit.  He said  that the state                                                               
is obligated  to ensure the  citizens safe and  one way to  do so                                                               
would be to clear up some of the "muddy" wording.                                                                               
                                                                                                                                
1:56:57 PM                                                                                                                    
                                                                                                                                
EMIL  ROBERT MACKEY,  PhD; Member,  Juneau Airport  Board, stated                                                               
that when  he first started  his public  policy program he  was a                                                               
transportation science major.  He  recalled using technology that                                                               
allowed  him to  review videos  that showed  cars passing  on the                                                               
highway.   It was  possible to  see the echo  of one  car slowing                                                               
down  for six  to eight  hours throughout  the day.   He  further                                                               
recalled  that most  of  the  studies he  reviewed  were done  in                                                               
California;  however, he  has observed  the same  echo in  Juneau                                                               
between 7  a.m. to 8:30 a.m.  in the morning or  in Anchorage, he                                                               
said.                                                                                                                           
                                                                                                                                
1:58:14 PM                                                                                                                    
                                                                                                                                
DR. MACKEY stated that substantial  literature exists to show how                                                               
[limiting left  lane traffic] increases safety  and traffic flow.                                                               
He related  several scenarios that illustrated  how impeding flow                                                               
in  the left-lane  of traffic  at Juneau  [International] Airport                                                               
has blocked emergency vehicle access  to the airport.  Similarly,                                                               
he thought that  impeding traffic flow on  roadways has developed                                                               
a culture  where it is perceived  as okay.  Further,  he recalled                                                               
the legislature passed  a law requiring motorists  to use lights,                                                               
and  although   this  infringes  on  personal   rights,  it  also                                                               
marginally improves safety  in the roadway.  He said  it might be                                                               
necessary for some  motorists to slow down to  allow motorists to                                                               
merge onto the  highway; however, he suggested it is  not hard to                                                               
do so.                                                                                                                          
                                                                                                                                
2:00:53 PM                                                                                                                    
                                                                                                                                
DR.  MACKEY said  he earned  his doctorate  on choice  theory and                                                               
bureaucratic decision-making.   He recalled that  highway funding                                                               
was tied  to 55 miles  per hour  (mph) speed limits,  but traffic                                                               
studies showed that  that safety improved even  though people did                                                               
not drive  55 mph.   He  said everyone  benefited from  the speed                                                               
limit  being imposed.    He did  not think  the  [bill] makes  it                                                               
easier  for  speeders  to  speed,  but it  will  create  a  safer                                                               
environment for the public to  have the safest and most efficient                                                               
services available.                                                                                                             
                                                                                                                                
2:02:39 PM                                                                                                                    
                                                                                                                              
THOMAS BRAUND said  he drives from Sutton to  Elmendorf Air Force                                                               
Base every  day.  He  provided his background, including  that he                                                               
served  as a  U.S.  Marine MP  for two  years,  a college  police                                                               
officer  for six  months,  drove  a school  bus  for four  years,                                                               
worked  as  a firefighter  and  fire  apparatus engineer  for  12                                                               
years, and has  14 years of experience as  an emergency ambulance                                                               
driver and emergency medical responder for 14 years.  He also                                                                   
served as a San Diego police officer for approximately 9 years.                                                                 
                                                                                                                                
MR. BRAUND said he would like to address driving, safety, and                                                                   
freedom.  He asked to read his testimony, as follows:                                                                           
                                                                                                                                
     I've been well  trained in driving these  many forms of                                                                    
     vehicles,  attended multiple  safe driving  courses and                                                                    
     have  driven over  a million  safe miles  in 47  states                                                                    
     over  51  years  being  licensed  for  CDL  in  Alaska,                                                                    
     Arizona, California,  Maryland, New Jersey,  and Texas.                                                                    
     Part of my  duties as a police officer was  to obtain a                                                                    
     forced voluntary  compliance by enforcing  traffic laws                                                                    
     through citations  to those who chose  to disregard the                                                                    
     rules and cause  less safe conditions.   We were taught                                                                    
     that we  were to affirm  the duties as  traffic officer                                                                    
     with  the   intent  to  facilitate  safe   and  orderly                                                                    
     movement  of traffic.    I  have likewise  investigated                                                                    
     hundreds  of traffic  collisions  and  most could  have                                                                    
     been  prevented by  the driver  causing  the crash  and                                                                    
     some others  could have been  prevented by  the drivers                                                                    
     causing  conditions that  others did  not recognize  in                                                                    
     time.                                                                                                                      
                                                                                                                                
2:04:59 PM                                                                                                                    
                                                                                                                                
MR. BRAUND continued to read his testimony, as follows:                                                                         
                                                                                                                                
     Though some states have  some strangely ludicrous laws,                                                                    
     all   states'   traffic    laws   are   internationally                                                                    
     recognized as  reasonable in that they  are designed to                                                                    
     enhance  the safe  and orderly  movement of  traffic on                                                                    
     and off the  roads.  That traffic  includes any vehicle                                                                    
     - with  or without a  motor, including animals.   There                                                                    
     are  rules   as  well  for  aircraft,   railroads,  and                                                                    
     watercraft.   In every state  it is recognized  by most                                                                    
     people  that driving  is  supposed to  be  done in  the                                                                    
     right  lane unless  passing whether  a  law exists  for                                                                    
     that  or not.    It is  likewise  recognized that  some                                                                    
     people drive in the  left lane continuously for reasons                                                                    
     known only to themselves.   As a police officer I would                                                                    
     stop some of these people  because they were holding up                                                                    
     traffic.  They  weren't moving over to the  right.  And                                                                    
     quite  often I  got the  statement, "Well,  this is  my                                                                    
     lane."   In  Alaska, we  have signs  in certain  places                                                                    
     like [Everett]  from the valley addressed,  and I agree                                                                    
     with him totally.  The  absence of enforcement for that                                                                    
     and  other  rules  enables certain  drivers  to  become                                                                    
     traffic engineers and road cops  in that they decide to                                                                    
     regulate traffic  according their own rules.   And this                                                                    
     is not an  easy one to enforce  a lot of the  time.  We                                                                    
     are  issued driver's  licenses when  we  pass tests  to                                                                    
     demonstrate  our  minimum   level  of  knowledge  about                                                                    
     traffic rules and that we  are able to safely operate a                                                                    
     motor  vehicle.    Therefore   this  license  gives  us                                                                    
     permission to drive on the  roads.  This permission can                                                                    
     be  limited, suspended  or revoked  and  is subject  to                                                                    
     restrictions.   It is  not a right  to drive  on public                                                                    
     roads as some people think.                                                                                                
                                                                                                                                
     As  far as  safety, when  a person  drives in  the left                                                                    
     lane continuously  - the  left lane  lingerers -  he is                                                                    
     violating the natural  law and the rights  of others to                                                                    
     move about freely  in traffic.  Many  left lane drivers                                                                    
     say they're  preventing others from speeding,  often by                                                                    
     driving even  less than  not only  the normal  speed of                                                                    
     traffic,  but less  than the  posted speed  limit.   In                                                                    
     doing so,  they are restricting  traffic flow.   When a                                                                    
     driver  so restricted  finds a  way to  pass the  "road                                                                    
     cop" the  "road cop"  often speeds  up to  prevent such                                                                    
     passing  sometimes at  very high  speeds.   Often these                                                                    
     left-lane  drivers  are  punishing  other  drivers  for                                                                    
     perceived violations of rules they impose.                                                                                 
                                                                                                                                
2:07:14 PM                                                                                                                    
                                                                                                                                
MR. BRAUND continued to read his testimony, as follows:                                                                         
                                                                                                                                
     Most people drive  according to a schedule  in order to                                                                    
     reach  a destination  by a  certain time,  especially a                                                                    
     commuter time ...  during "rush hour."   When they feel                                                                    
     as if  they may be  late due to such  restrictions some                                                                    
     speed and  some perform unsafe maneuvers  to circumvent                                                                    
     "road  cops."   These actions  can lead  to collisions,                                                                    
     especially  if  road  conditions  are  less  favorable.                                                                    
     Most drivers on  the road, from my  experience, want to                                                                    
     drive the  speed limit, not  five miles under,  not two                                                                    
     miles under.   Often  slower drivers  in the  left lane                                                                    
     accumulate drivers behind them  who tailgate.  Some are                                                                    
     trying to  motivate the  slower driver  to move  to the                                                                    
     right in  order to  relieve the  congestion.   Some are                                                                    
     simply  venting  anger  at the  selfish  driver  before                                                                    
     them.   The problem is  that these drivers  are holding                                                                    
     up  traffic when  the traffic  could move  more freely.                                                                    
     When congested traffic slows it  often begins a traffic                                                                    
     accordion.  Similar to  a whiplash,  the accordion  can                                                                    
     produce dangerous  conditions when more  sudden slowing                                                                    
     occurs.  When  they increase speed drivers  to the rear                                                                    
     often  blindly follow  only to  be  slowed down  again,                                                                    
     sometimes with  rear end collisions or  running off the                                                                    
     road to avoid one.   By causing or at least encouraging                                                                    
     tailgating,   these    "left   lane    lingerers"   are                                                                    
     intentionally  endangering others.   Tailgating  is the                                                                    
     number  one cause  of collisions  nationwide -  as I've                                                                    
     been taught -  yet many police officers  don't cite for                                                                    
     it,  partly because  it's difficult  to  do and  partly                                                                    
     because some  judges, in my  experience, will  find any                                                                    
     way they can to find them  not guilty.  And some police                                                                    
     officers get frustrated at that  so they'll find easier                                                                    
     things to do like "speeders."                                                                                              
                                                                                                                                
2:09:02 PM                                                                                                                    
                                                                                                                                
MR. BRAUND continued to read his testimony, as follows:                                                                         
                                                                                                                                
     Speeding in  and of itself causes  collisions much less                                                                    
     often  than  tailgating.     This  unnecessary  traffic                                                                    
     congestion also causes other  drivers to perform unsafe                                                                    
     movements including threading the  needle.  I have high                                                                    
     praise for  the officers  who drive safely  by example.                                                                    
     It does cause other drivers to follow their example.                                                                       
                                                                                                                                
     As  to freedom,  some say  traffic laws  restrict their                                                                    
     freedom.   Exactly  the opposite  is occurring  in that                                                                    
     what they  do reduces the  freedom of other  drivers on                                                                    
     the  road to  safely  pass or  change  lanes.   Selfish                                                                    
     drivers  also prevent  passing by  speeding to  cut off                                                                    
     anyone attempting  to pass, essentially amounting  to a                                                                    
     form of  unlawful imprisonment.   When  corrected, such                                                                    
     drivers  sometimes become  angry and  belligerent, even                                                                    
     resentful and bitter, and some  go into road rage after                                                                    
     being thwarted.                                                                                                            
                                                                                                                                
     Essentially,   good    driving   amounts    to   taking                                                                    
     responsibility for  the safety of everyone  on the road                                                                    
     and  to  practice  driving  in a  way  to  promote  the                                                                    
     orderly  movement  of traffic.    I  believe this  bill                                                                    
     should  pass.   I believe  it's a  very good  bill.   I                                                                    
     believe it  should have another  subsection, subsection                                                                    
     [say] (e) could  make it unlawful for any  driver to do                                                                    
     anything  that prevents  any other  driver from  safely                                                                    
     passing with  a fine  from between $500-$1,000  - which                                                                    
     isn't my  decision, but  I like it  - with  the penalty                                                                    
     for  subsequent  violations   being  multiples  of  the                                                                    
     original.  Now  as far as what has been  said so far, I                                                                    
     totally agree  with what Lieutenant Dial,  Gary Biller,                                                                    
     Mark  Neidhold, [Everett]  from  the  valley, and  Emil                                                                    
     Mackey.  They really have nailed it well.                                                                                  
                                                                                                                                
     As  far as  everyone driving  at same  speed limit:   I                                                                    
     think  that causes  other problems  in that  people get                                                                    
     complacent  or start  to fall  asleep -  I forget  what                                                                    
     it's called,  but you get  hypnotized -  road hypnosis.                                                                    
     I think it's  better for traffic to stir  a little bit.                                                                    
     This  bill, as  I  see it,  is  addressing the  general                                                                    
     movements  of traffic,  not the  special conditions  of                                                                    
     congested commuter traffic at rush  hour.  Wall to wall                                                                    
     traffic is  really a different [consideration]  and law                                                                    
     enforcement takes  that into condition when  things are                                                                    
     going  on and  when  they  are in  the  traffic.   This                                                                    
     addresses it  when there's  an opportunity  for someone                                                                    
     to pass and someone else is preventing it.                                                                                 
                                                                                                                                
2:12:25 PM                                                                                                                    
                                                                                                                                
LINDSEY  SILKO  stated  that  she  is a  daily  commuter  in  the                                                               
Anchorage area.   She spoke in support of HB  91 for two reasons.                                                               
First, she  said she has  seen it work  when she and  her husband                                                               
were stationed  in Germany and she  was a frequent driver  on the                                                               
German Autobahn.  During that time,  she did not observe a single                                                               
accident;  however, she  cannot  say  the same  for  her time  in                                                               
Alaska.   She  further supports  the bill  because anything  that                                                               
increases the  safety on the road  is important to her  since she                                                               
is also an avid motorcycle rider.   She has often observed people                                                               
switching lanes and weaving around,  which causes a safety hazard                                                               
for those who  are on bikes since motorcycles are  harder to see.                                                               
She  predicted that  if this  bill  passes to  require people  to                                                               
remain in  the right  hand lane,  it will  be much  healthier for                                                               
herself and her fellow motorcycle riders.                                                                                       
                                                                                                                                
2:13:50 PM                                                                                                                    
                                                                                                                                
JOANNE  BLACKBURN said  she  is speaking  on  behalf of  herself,                                                               
although  she   is  also  affiliated  with   the  Portage  Valley                                                               
Community Council.   She  has found  that the  designated turning                                                               
lanes are helpful.  She  suggested these should be developed with                                                               
input from  the community councils  since it is important  not to                                                               
ignore unpopular constituents.   She noted these constituents are                                                               
also  taxpayers and  have a  need for  access.   She pointed  out                                                               
communities  do not  always have  similar viewpoints  so Girdwood                                                               
might not be  able to state what a neighborhood  a little further                                                               
on the highway might prefer.   These neighborhoods may have needs                                                               
that are different from communities with services.                                                                              
                                                                                                                                
2:15:48 PM                                                                                                                    
                                                                                                                                
MS.  BLACKBURN  said  that enforcement  could  help.    Sometimes                                                               
people fish near  Girdwood and put signs on the  roadway that say                                                               
"slow down."  She disagreed that  people should be able to put up                                                               
signs on a  federally-funded highway.  The road  was designed for                                                               
truckers  and  national commerce  as  well  as for  thousands  of                                                               
visitors  and  local  property owners.    She  thought  increased                                                               
enforcement  would  help  curb speeding  by  drivers  who  ignore                                                               
posted  speed  limits.   She  expressed  concern that  roads  are                                                               
designed that don't  allow access to private  property within the                                                               
Municipality of Anchorage.                                                                                                      
                                                                                                                                
2:17:02 PM                                                                                                                    
                                                                                                                                
PAM GOODE stated that  she opposes HB 91.  She  said she does not                                                               
like  to  compare  Alaska  to   other  states,  let  alone  other                                                               
countries, since  she would like  to think Alaska is  far better.                                                               
She said  she was  taught courtesy  as rules of  the road  in her                                                               
driver's education  class almost 40 years  ago.  In her  years of                                                               
driving,  she  has  observed  that people  typically  try  to  be                                                               
courteous drivers.   She also said she considers herself  to be a                                                               
courteous  driver,  in part,  because  she  did  a lot  of  cross                                                               
country driving  in her  20s in  the Lower  48 -  at a  time when                                                               
people  had CB  [citizen band]  radios.   She liked  to drive  at                                                               
night.  She often encountered  truckers and noticed how courteous                                                               
these truck  drivers were,  by choice.   She suggested  that this                                                               
bill would  put more stress  on individuals, whereas  teaching by                                                               
example is a more effective way  to teach courtesy.  Further, she                                                               
offered that  it's important  to do things  because they  are the                                                               
right things to do, which can spill over into other courtesies.                                                                 
                                                                                                                                
MS. GOODE  objected to the  concept of teaching people  to follow                                                               
excessive  rules and  regulations.   Instead, people  need to  be                                                               
encouraged how to think and this  bill doesn't do that.  She said                                                               
she finds  [HB 91]  to be  offensive and  she opposes  this bill.                                                               
She asked  why an organization  with 9,000 members  wasn't airing                                                               
public information  ads instead of  running to the  government to                                                               
help them with  their personal inconveniences.   She concluded by                                                               
stating that she opposes HB 91.                                                                                                 
                                                                                                                                
2:20:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER, after first determining no one wished to                                                                       
testify, closed public testimony on HB 91.                                                                                      
                                                                                                                                
[HB 91 was held over.]                                                                                                          

Document Name Date/Time Subjects
HB91 Sponsor Statement ver. P.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Proposed CS ver P.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document emails.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document letter.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document NMA Support for Lane Courtesy Legislation.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document NMA lane-courtesy-fact-sheet.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document Sahlstrom letter.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Support Document States with Keep Right Laws.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Fiscal Note-DOA-DMV-2-20-15.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 Fiscal Note-DPS-AST-02-20-15.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB91 ver E.pdf HTRA 2/24/2015 1:00:00 PM
HB 91
HB88 Sponsor Statement.pdf HTRA 2/24/2015 1:00:00 PM
HB 88
HB88 ver A.pdf HTRA 2/24/2015 1:00:00 PM
HB 88
HB88 Fiscal Note-0044-DOR-TAX-1-16-15.pdf HTRA 2/24/2015 1:00:00 PM
HB 88