Legislature(2017 - 2018)BARNES 124
04/06/2017 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB204 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 204 | TELECONFERENCED | |
HB 204-OVERTAKING/PASSING DOT VEHICLES
1:07:50 PM
CO-CHAIR STUTES announced that the only order of business would
be HOUSE BILL NO. 204, "An Act relating to overtaking and
passing certain stationary vehicles."
1:08:37 PM
REPRESENTATIVE SCOTT KAWASAKI, Alaska State Legislature, pointed
out that this is National Work Zone Awareness week within the
United States. He advised that currently under AS 28.35.185,
drivers are required to "vacate the nearest lane or slow down"
when approaching certain emergency and service vehicles, which
includes emergency, fire, law enforcement, animal control
vehicles, and tow trucks. This bill would specifically add the
Department of Transportation & Public Facilities (DOTPF)
vehicles with flashing yellow lights that perform maintenance or
roadwork during its course of duty. In the event a driver
approached one of these flashing lights vehicles on a roadway
with two or more lanes, traveling in the same direction, the
driver should "vacate those lanes closest to the vehicle or slow
down to a reasonable speed."
1:10:51 PM
REPRESENTATIVE KAWASAKI explained that under the current 2005
statute, if personal injury results due to the person's failure
to vacate the lane or slowdown, it is punishable as a class A
misdemeanor; if the failure to move over does not result in
personal injury, it is punishable by $150 traffic infraction and
two points assessed against the driver's license. He read the
list of violators caught by the Alaska State Troopers and
charged under of AS 28.35.185 as follows: 2014 - 53; 2015 - 14;
and 2016 - 23 and noted that it will take time to receive
information from other major municipalities that also enforce
this particular statute. This bill is next referred to the
House Judiciary Standing Committee and the specifics of the
infractions and citations will be addressed. Representative
Kawasaki then listed various Department of Transportation
employees who were injured or killed while performing their job
duties in other states and noted that this bill will bring about
a safer work place. He stated that omitting DOTPF workers was
an oversight when the 2005 legislation was passed and adding
DOTPF would further clarify the law and add public safety for
the DOTPF workers.
1:14:20 PM
REPRESENTATIVE KOPP offered surprise that Representative
Kawasaki's sponsor statement and testimony did not prominently
feature Robert Hamel, a long time Alaska DOTPF worker who was
killed instantly on November 24, 2012, at mile 88 of the Seward
Highway. He said he would like to see Robert Hamel included in
the sponsor statement after the bill leaves this committee.
Safety is an issue, he said, and he has seen near-misses many
times with DOTPF workers who frequently work traffic control at
bad scenes. He related that he likes that the law is not being
changed and is merely adding this class of DOTPF vehicle.
1:15:34 PM
REPRESENTATIVE CLAMAN said he supports this bill, noting that
the statute describes emergency, police, and fire vehicles, and
it does not indicate a governmental agency, and asked why the
legislation was not written to cover municipal vehicles
performing the same function. He opined that this legislation
should not be limited to state DOTPF vehicles, but rather to
include any vehicle performing that same function in the same
manner as this language covers emergency vehicles without
specifying the agency. He offered that an emergency vehicle
could include ambulances operated by private contractors, and in
this instance, DOTPF narrows the language too much for the
appropriate scope, he offered.
REPRESENTATIVE KAWASAKI responded that his office looked into
that issue and sought to clarify whether the pool could be
enlarged to include all privately or publically owned vehicles
that have some sort of capacity and a reason to be on a right-
of-way at a yield.
1:17:49 PM
REPRESENTATIVE NEUMAN referred to HB 201, page 1, lines 8-9,
which read as follows:
(a) ... when the stationary vehicle is displaying
flashing emergency lights on a highway or roadway
REPRESENTATIVE NEUMAN asked the legislative intent of lines 8-9
when discussing the lights on the highway or roadway because
there is the roadway itself where vehicles travel, and the
shoulder where a driver could pull over for a flat tire. Many
times, he commented, there are DOTPF vehicles further off into
the ditch, such as engineers. He asked whether it was
Representative Kawasaki's intent that the language is the
shoulder next to the right-of-way and not down into the ditch.
REPRESENTATIVE KAWASAKI answered that it takes a bit of common
sense, generally. He explained that the intent of the
legislation is specifically to the folks "right on the side of
the road," and not necessarily in the ditch, but most folks will
yield and slow down the moment they see a flashing light.
1:19:36 PM
REPRESENTATIVE NEUMAN agreed that it was common sense, and he
related that in purposes such as this bill, it is nice to have
the legislator's exact legislative intent. He further related
that if someone challenged this new law and it became a court
case, the legislative intent should be on record.
REPRESENTATIVE KAWASAKI offered that when a vehicle is on the
road performing work, such as laying down cones or supervising a
site, they become a specific hazard and this law would apply.
This law probably would not apply if the person was further off
outside of the roadway or right-of-way or within the ditch, he
explained.
REPRESENTATIVE NEUMAN commented that it would be where people
normally do not drive.
REPRESENTATIVE KAWASAKI answered exactly.
1:20:52 PM
REPRESENTATIVE SULLIVAN-LEONARD remarked that she does not like
to legislate something that should be common sense, such as
yellow cones set up and flashing lights. She asked for the
numbers showing that this legislation is necessary.
REPRESENTATIVE KAWASAKI answered that the Department of
Transportation & Public Facilities (DOTPF) will present
statistics as to how its work safety zones have performed over
the last 12 years. Work safety zones and specifically, the ones
that say you have to drive a certain speed limit or receive a
triple fine, have worked to curb speeders and have worked to
enforce the idea that people are working, and drivers should be
extra vigilant, he remarked. He noted that before a DOTPF
worker is able to work in a work safety zone with a large orange
sign, they are required to set cones establishing the lane
markers, and with their yellow lights they would be outside
performing those duties. This legislation will ensure that
folks take extra precautions as those safety corridors are being
established, he stated.
1:22:43 PM
REPRESENTATIVE SULLIVAN-LEONARD asked what entity would enforce
this law.
REPRESENTATIVE KAWASAKI advised that the Department of Public
Safety (DPS) currently enforces this particular law, and with
municipalities it would be the local municipal law enforcement.
There were 23 citations in the last year of workplace safety
zone violations, he said.
1:23:23 PM
REPRESENTATIVE NEUMAN noted a private contractor in Big Lake who
works on many road construction jobs, its workers put up the
barriers and many times those workers are out in the middle of
the highway trying to set the cones. He asked that
Representative Kawasaki consider adding those folks into the
legislation.
REPRESENTATIVE KAWASAKI replied that similar to Representative
Claman, tow trucks are covered under current law and are
probably 90 percent private companies, and when on the side of
the road trying to maintain traffic within that particular
corridor they are in jeopardy. Animal control officers are
typically municipal officers. He reiterated that he is
considering including contracted employees that also perform the
same duties, and he would be happy to work with Representative
Newman.
CO-CHAIR STUTES opened invited testimony on HB 204.
1:25:45 PM
DAN CARSON, Equipment Operator, advised he works for the
Department of Transportation & Public Facilities (DOTPF) as an
equipment office. [Co-Chair Stutes previously advised that Mr.
Carson was testifying today solely on his own behalf.] He said
it is his job to be on the roadway every day and that DOTPF
workers are in "the public's line of fire" when motorists drive
down the road. There are "a few courteous driver's out there"
who do slow down and give the workers space to do their jobs;
however, he advised, a majority of the traveling public does not
slow down and does not give the workers much room to do their
job. The DOTPF equipment travels at a slower pace than traffic
and they must slow down to perform whatever the job requires.
During the winter, they put out flares when performing snow
removal, such as cleaning an intersection, to alert traffic of
the activity. Many times those flares are routinely ignored,
and people drive over the flares and put them out eliminating
the warning for the other drivers following behind. There are
times where the ice has frozen down a little harder in some
spots more so than in others, and when his grader hits a frozen
spot it moves the machine and slides it over 5-6 feet in a
heartbeat, he explained. Generally, he said, DOTPF's equipment
is bigger than everyone else on the road, and in an accident
DOTPF will win. He related that he does not want someone's
injury to be on his conscience if there is a way to eliminate
that fear by having traffic slow down and move over so everyone
remains safe. The most dangerous places are the higher speed,
higher volume roads with two or more lanes traveling in one
direction wherein traffic usually has room to move over, but
many times drivers do not and drive right next to the workers in
the same lane, he remarked. The goal is to make the roads
better and safer for everyone and adding DOTPF, and possibly
contractors, to that "Move Over" law is a simple cost-effective
way to make work zone safer for everyone, he stated.
1:29:36 PM
MIKE COFFEY, Director, South Coast Region, Statewide Maintenance
and Statewide Operation Director, Department of Transportation &
Public Facilities (DOTPF), advised he has been employed with the
Department of Transportation & Public Facilities for 35 years,
approximately 20 years of that time involved maintenance and
operations in all three regions across the state, he then listed
various positions he has held within the Department of
Transportation & Public Facilities (DOTPF), and commented he is
a "maintenance guy." He highlighted that every day Alaska DOTPF
maintenance and operations personnel serve in harm's way while
working on state highways. Throughout the state, people often
ignore traffic work zones and snow plows and graders are hit by
vehicles, yet the DOTPF vehicles are well-lit with flashing
yellow and blue strobes and with all of the typical construction
signing, barricades, flaggers, cones. Drivers are distracted
and run through DOTPF's work zones, people do not obey the
orders of flaggers causing flaggers to take evasive actions to
get out of the way of errant vehicles, he said. The snow plows
put up quite the cloud of snow wherein it is basically a white-
out, he described, and yet vehicles pass snow plows on both the
right and left side while performing DOTPF duties. Mr. Coffey
thanked Representative Kopp for mentioning "Rob" because [his
death] was the ultimate sacrifice while performing public
service." He described Rob Hamel as a "great guy, great asset
to the department, and that should never happen again." Mr.
Hamel's death "devastated many of us in the department, and it
was a terrible terrible time." He pointed out that nationally,
maintenance workers have one of the most dangerous jobs, and in
many states more highway maintenance workers are killed in the
line of duty than the police and firemen. He reported that
35,000 people are injured in work zones every year, and
approximately 700 people, including 130 maintenance and
operations and construction workers, are killed in work zones
every year. Unfortunately, nationally and in Alaska, fatalities
have been up over the last couple of years and he opined that
distracted driving is a cause of the rise in fatalities. The
Alaska Department of Transportation & Public Facilities supports
CSHB 204, he stated.
1:34:05 PM
CO-CHAIR WOOL referred to Mr. Coffey's testimony of the slow-
moving snow plows and pointed out that that is not reflected in
this legislation, this legislation has to do with vehicles that
are pulled off to the side of the road.
MR. COFFEY agreed, and he explained that he brought up snow
plows in general to illustrate that anytime DOTPF workers are on
the highway, they are in harm's way.
1:34:37 PM
CO-CHAIR WOOL clarified that this legislation is not "passing a
grader or something like that." He commented that in reading
these other states' laws, they all seem to almost have identical
language, and he read a New Jersey statute as follows: "Vehicles
approaching a stationary or authorized emergency vehicle, tow
truck, highway maintenance emergency service vehicle traveling
in the same direction." Most states mentioned emergency lights
and New Jersey does not, "Must move over to another lane if
possible or slow down," he read. It appears to be "common sense
type stuff" and Alaska does not include the language "highway
maintenance," it just has emergency or tow truck. He said he
assumes most of these vehicles have lights so that makes it
easy.
MR. COFFEY interjected that the lights are required.
1:35:38 PM
REPRESENTATIVE NEUMAN noted that the legislation adds the words:
"the vehicle operated by the Department of Transportation &
Public Facilities," but Mr. Coffey had discussed flaggers and
such. He asked Mr. Coffey whether he had any particular
language or verbiage to recommend.
MR. COFFEY responded, to have the broadest language that
includes engineers, survey crews, and such, not limited to state
employees because many municipal employees are alongside the
roadway. He stressed that for anyone working in the highway
environment there is risk, therefore, the department would be
supportive of being as broad as possible.
REPRESENTATIVE NEUMAN suggested Mr. Coffey work with
Representative Kawasaki.
1:37:04 PM
TOM BRICE, Business Representative, Alaska District Council of
Laborers, Public Employees Local 71, advised that Public
Employees Local 71 represents the blue-collar state employees,
and he is also involved with private construction labor unions.
He related that Mr. Hamel's death shook the union to its
foundation as many people had great respect for Mr. Hamel.
Public Employee's Local 71 supports HB 204, and would appreciate
expanding it to include municipal employees performing road
maintenance work because language providing a level of safety
for all of the folks working in the roadway is appreciated. He
mentioned that there are statutes providing double traffic fines
for people caught speeding in those traffic zones, and HB 204
would address issues where there may be a cherry picker working
on a stop lights, or engineer technicians performing road
inspection. He commented that not only are vehicles running
into large DOTPF equipment damaging, but it is challenging for
the operator emotionally and physically. Having the
conversation about what is going on Alaska's roadways is
important, and Local 71 encourages the bill to move forward, he
said.
CO-CHAIR STUTES noted that Mr. Brice is a former member of this
body.
1:42:40 PM
DON ETHERIDGE, Representative, American Federation of Labor, and
Congress of Industrial Organizations (AFL-CIO), advised that the
AFL-CIO is fully supportive of this legislation and advised that
the double traffic fines in construction areas is a piece he
helped get through the legislature years ago, and it made a
difference in slowing people down as they drive through those
areas. He said he has seen "these crazy guys go out there" and
see how many cones they could "accidentally" knock over, which
is the type of activity that "they should be able to give
tickets." Previously, he offered, there was an accident where a
flagger was driving a vehicle with flashing lights following the
workers performing work on the side of the road and "some lady"
hit the back of that pickup driving 55 mph. The flagger was
stopped with a great big flashing arrow light on the vehicle,
and the accident put the flagger in the hospital for a long
period of time. He suggested that the members stop at one of
the work safety zones to experience what it's like when "one of
them cars goes whizzing by you doing 50 - 60 mph. It's spooky."
1:46:02 PM
REPRESENTATIVE SULLIVAN-LEONARD related that the hard part of
these situations is the fact that there cannot be a local police
officer or state trooper at every site. She asked what DPS will
do to assist in this endeavor.
1:46:33 PM
DAN LOWDEN, Captain, Division of Alaska State Troopers,
Department of Public Safety (DPS), advised that the state
troopers will do what it does with every other traffic
violation, it will take the appropriate enforcement action when
witnessing these violations, and/or if people report the
violations and offer enough information the state troopers will
follow-up. Representative Sullivan-Leonard was correct, he
advised, there is not the personnel to follow along behind a
crew to keep an eye on the situation.
REPRESENTATIVE SULLIVAN-LEONARD asked how this new language
would help the DPS.
CAPTAIN LAWDEN responded that the statute adds this class of
vehicles in this situation, so an enforcement action could be
taken. Currently, people are not required to move over in the
lane, or if that is not possible to slow down, he said. In the
event a DOTPF vehicle is along the roadway working with its
lights on and someone barrels past them, or even drives by at
the speed limit and does not move over, there is not much the
state troopers can do, he said.
1:48:25 PM
REPRESENTATIVE KOPP noted that this would be new law and asked
whether Captain Lawden would work with DOTPF on a public
informational brochure such as, "Move Over - It's The Law" type
of brochure. He suggested there may be a way the public media
unit could work with DOTPF to offer the information to new folks
receiving their driver's licenses or permit, such as a public
media campaign.
CAPTAIN LAWDEN advised that "We already have a PSA that it has
been aired quite a bit," at least in South Central Alaska, about
the "Move Over" law. He said he could see the PSA being updated
if this bill becomes law and adding this class of vehicles, or
any other class discussed today. The DPS would at least play
the PSA already recorded, he said.
1:49:39 PM
CO-CHAIR WOOL said that quite honestly, he did not know that by
law, he was required to change lanes if it is safe to do so, and
suggested that possibly a PSA campaign is not a bad idea for
those who obtained their driver's licenses in the past. In
reading these statutes from other states, such as Massachusetts,
he noted, it seems to put it in common sense language as
follows: "Drivers traveling in the same direction or approaching
a stationary emergency vehicle, highway maintenance vehicle, or
tow or recovered vehicle with flashing lights." He pointed out
that it covers highway maintenance at the state or local level,
and a city vehicle with flashing lights would be equally
respected. In the State of Massachusetts, when he lived there,
he said, it was by law required that a police car be at
construction sites, "all of them. And boy, that really makes
you slow down."
1:51:31 PM
CO-CHAIR STUTES opened public testimony. After ascertaining no
one wished to testify, closed public testimony on HB 204.
1:51:50 PM
REPRESENTATIVE KOPP offered that David Morris was his next-door
neighbor in Kenai, and that he worked with DOTPF in Alaska and
then moved to Colorado DOT and was killed his first year on the
job in a construction zone when a logging truck plowed into him.
Mr. Morris was stopped at an accident scene in a dump truck, but
it killed him instantly. Maintenance workers do work in harm's
way and this is a common-sense bill, he described, and sometimes
common sense is legislated because "common sense is a flower
that does not grow in every garden."
CO-CHAIR STUTES related that there have been good comments and
ideas given to the sponsor of this bill, and given this bill is
next referred to the House Judiciary Standing Committee, she
would like to move it out of committee.
1:53:18 PM
CO-CHAIR WOOL asked whether vehicles, not necessarily state
DOTPF vehicles, but possibly a local municipality vehicle with
flashing lights would be covered under this bill, or whether
there was possible language to include other maintenance
vehicles that were not necessarily state vehicles.
CO-CHAIR STUTES advised that that was what Representative Newman
referred in his "amendment to this bill," covering all road
maintenance vehicles.
REPRESENTATIVE NEUMAN agreed, and he said there was an agreement
with Representative Kawasaki that he would follow up on that
issue.
1:54:17 PM
REPRESENTATIVE CLAMAN asked whether there was a problem with
expanding the legislation during the time Representative
Kawasaki's office spoke with Legislative Legal and Research
Services.
MERCEDES COLBERT, Staff, Representative Scott Kawasaki, Alaska
State Legislature, responded that the staffer working with
Legislative Legal and Research Services drafting the bill is ill
today and she would prefer to speak with the staffer before
answering. She advised that she researched the Anchorage Police
Department online and it directly references this statute and
follows the statute for its own practices, but she was unclear
whether other municipalities follow the "Move Over" law as
written, or whether they have their own ordinances individually
by municipality.
1:55:40 PM
CO-CHAIR WOOL expressed concern about other jurisdiction
vehicles and assumed a state law would apply to a road within a
city that is in the same state. In the event there was an
Alaska state law about "Move Over" it would apply even in
municipalities, he said. Again, he reiterated, local
maintenance vehicles and flaggers and people standing in the
road "which my understanding with that would be something
different, this is emergency vehicles with lights under state or
possibly local municipality."
1:56:29 PM
REPRESENTATIVE KOPP affirmed to Co-Chair Wool that Title 28 is
controlling for all motor vehicle law enforcement in any
municipality in Alaska. Therefore, local police departments
enforce state law.
1:56:45 PM
REPRESENTATIVE DRUMMOND offered her assumption that it also
applies to boroughs as well as municipalities.
REPRESENTATIVE KOPP answered that boroughs are municipalities.
REPRESENTATIVE DRUMMOND said she agrees with her colleagues that
it is hard to legislate common sense. Although, she pointed
out, in this case it behooves the committee to add this set of
vehicles to the law and find a way to be as inclusive as
possible for all of those with pieces of equipment operating in
harm's way.
1:57:38 PM
CO-CHAIR WOOL moved to report HB 204 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 204 moved from the House
Transportation Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB204 ver A 4.4.17.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |
| HB204 Supporting Document-Fines 4.6.17.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |
| HB204 Supporting Document- DoT Work Zone Safety Week PR 4.4.17.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |
| HB204 Supporting Document- Delaware Move Over Law Informational.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |
| HB204 Supporting Document- AAA State Move Over Laws.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |
| HB204 Sponsor Statement 4.6.17.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |
| HB204 Sectional Analysis ver A 4.4.17.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |
| HB204 Fiscal Note- HB204-DPS-AST-03-31-17.pdf |
HTRA 4/6/2017 1:00:00 PM |
HB 204 |