Legislature(2017 - 2018)BUTROVICH 205
03/01/2018 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB163 | |
| HB204 | |
| HB82 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 163 | TELECONFERENCED | |
| + | HB 204 | TELECONFERENCED | |
| + | HB 82 | TELECONFERENCED | |
HB 204-OVERTAKING/PASSING ROAD WORK VEHICLES
1:44:33 PM
CHAIR STEDMAN announced the consideration of HB 204.
1:45:03 PM
WILLIAM JODWALIS, Staff, Representative Kawasaki, Alaska State
Legislature, Juneau, Alaska, disclosed that Dan Carson, former
DOT&PF equipment operator in Fairbanks, brought the issue
forward. He said he would speak briefly as to current statute
what the bill does, what changes have been made from its
original version and the penalties that come with any violation
of what this bill puts forward as follows:
Under AS 28.35.185(a), drivers are required to vacate
the nearest lane or slowdown when approaching certain
stationary emergency and service vehicles which are
flashing emergency lights on a highway or roadway.
Such vehicles currently include: emergency, fire, law
enforcement, animal control vehicles, and tow trucks
in the act of picking up a vehicle. This bill adds,
"Vehicle in the act of performing maintenance or road-
service work," to the list of vehicles subject to the
existing move-over law, allowing private contractor,
municipal maintenance vehicles to fall under its
jurisdiction, including the Department of
Transportation.
Under this bill if a driver approaches one of these
vehicles, those preforming maintenance or road service
work which is displaying flashing emergency lights on
a highway, with two or more lanes the driver shall
vacate the lane closest to the vehicle or slow down to
a reasonable speed if they cannot vacate the closest
lane safely. On a road with fewer than two lanes, the
driver shall slow down to a reasonable speed
considering traffic, roadway, and weather conditions.
1:47:33 PM
MR. JODWALIS explained changes made from the original version of
HB 204 during committee proceeding in House Transportation.
CHAIR STEDMAN asked Mr. Jodwalis to address the bill's current
version.
MR. JODWALIS explained the penalties related to the bill as
follows:
Under AS 28.35.185, failure to move over is a class A
misdemeanor if personal injury results from a person's
failure to vacate the lane or slow down. Failure to
move over that does not result in personal injury is
punishable by a $150 fine and 2 points assessed
against the driver's license. This statute has been
effective since September 2005. We confirmed with
municipal police departments that they enforce the
same statute.
He summarized that HB 204 would help reduce the likelihood of
work-zone-related accidents and tragedies and help make Alaska's
roads a safer place to drive and work.
SENATOR WILSON asked how the bill differs from current laws
regarding highway work zones.
MR. JODWALIS specified that the bill would apply to situations
where someone is working on the side of the road.
1:51:32 PM
SENATOR WILSON asked what the requirement and process is from
DOT&PF for an individual to work on potholes or guardrails.
MR. JODWALIS replied that DOT&PF can better answer Senator
Wilson's question.
SENATOR BISHOP commented as follows:
Let me help you explain this. So, you have a
construction project that has an improved traffic plan
in it, let's say it's a bid awarded DOT&PF highway
construction project. So, we have two issues here,
this bill with a DOT&PF approved traffic plan, okay,
that's over here. This bill is, as I interpret it, is
trying to fix what's not a DOT&PF awarded construction
plan to a private contractor. This bill is, like
Senator Wilson said, there could be a maintenance
issue here where DOT&PF is doing pothole repairs or
doing an overlay where they will have two flaggers,
they will have two lighted signs on either end of the
job, but this is getting a little tighter yet where it
might just be a one-truck pothole patch or a recovery
effort of a tow vehicle, etc. This is covering outside
of a controlled traffic plan outside of DOT&PF.
1:53:37 PM
CHAIR STEDMAN opened public testimony.
1:53:53 PM
BOB ANDERSON, Central Region Chief of Maintenance and
Operations, Alaska Department of Transportation and Public
Facilities (DOT&PF), Anchorage, Alaska, testified in support of
HB 204 and commented as follows:
DOT&PF supports HB 204 as it has potential to provide
additional safety to crews that are working along the
road and highways every day. Our maintenance operators
are the people you see every day working to provide
safe routes for Alaskans, higher risk situations they
face daily include out of control vehicles, road
debris, and close proximity to traffic. The approval
of this bill could potentially minimize these risks.
He provided national work-zone accident statistics from the US
Department of Transportation as follows:
• Work-zone accidents:
o 2015: 96,000;
o 2014: 89,000;
o 2013: 68,000.
• Work-zone accidents occur every 5.4 minutes with 0.7
percent resulting in a fatality.
MR. ANDERSON disclosed that during the previous month a
maintenance worker in Colorado sustained fatal injuries while
filling potholes. He added that Alaska experienced a loss in
[2016] when [Robert Hammel] was struck [on the Seward Highway]
while assisting Alaska State Troopers. He noted accidents in
work zones that occurred without serious injuries as well.
He summarized that DOT&PF staff take pride in the work they do
and want to make Alaska's road safe for all motorists.
1:56:22 PM
SENATOR WILSON asked Mr. Anderson to explain the safety-zone
procedures for DOT&PF maintenance work.
MR. ANDERSON replied as follows:
I believe this bill is more pointed towards work that
is done by one or two personnel at one time where we
don't have to go through the process of setting up a
complete traffic control plan. We do have policies
that dictate that we use traffic control plans, but
they are quite a bit different than what we typically
see on a construction project for issues like a
guardrail repair. We dictate that our crews park
safely off the side of the road and out of harm's way
and we have emergency flashing lights on, but there
might not be the whole contention of warning signs
leading up to the work zone.
SENATOR WILSON asked him to provide a copy of the procedures to
the committee.
1:58:03 PM
SENATOR MACKINNON addressed her concern for increased liability
as follows:
Could you tell me is there any increased liability as
we expand our definition beyond the public sector? I
see we have tow trucks listed in here so he have made
an exception once now for tow trucks, but the bill as
it was introduced was limited to state, so it seems
like we are expanding it which would be a good thing
in the sense that more people would be protected, but
will the general public be able to recognize those
that are performing maintenance that might be in these
corridors?
MR. ANDERSON answered that he does not see any added liability.
He noted that the requirement for emergency flashing lights
continues which adds additional protection.
SENATOR BISHOP suggested that DOT&PF consider doing public
service announcements to inform the public if the bill became
law.
2:00:16 PM
DAN CARSON, representing self, Fairbanks, Alaska, testified in
support of HB 204. He disclosed that he used to work for DOT&PF
in Fairbanks as an equipment operator and that was where he came
up with the idea for the bill. He said his experience was that
motorists were not slowing down or moving over in road
maintenance areas. He opined that HB 204 would protect workers
that are out on the road.
2:02:17 PM
DUSTIN WITTE, employee, Alaska Department of Transportation and
Public Facilities, Fairbanks, Alaska, testified in support of HB
204. He said there were a lot of distracted drivers on the road
and the bill will keep everybody that works on the road from tow
truck drivers to DOT&PF personnel safe.
CHAIR STEDMAN said Captain Dan Lowden of the Alaska State
Troopers would address the committee. He asked if the Alaska
State Troopers supported the bill.
2:03:31 PM
DAN LOWDEN, Captain, Alaska State Troopers, Alaska Department of
Public Safety (DPS), Anchorage, Alaska, replied that he was not
certain if the department has taken a position on HB 204. He
admitted that the bill was clearly intended to make people safe
that are working along the roadway.
SENATOR MACKINNON asked if the requirement for flashing lights
creates problems.
CAPTAIN LOWDEN answered as follows:
I don't know of a regulation that specifically states
that there is a regulation about towing vehicles
having flashing lights, but I suspect from what I've
seen almost all vehicles that are doing roadwork in
manners that put them alongside the roadway, they
already have lights. I think as it was discussed
earlier, I don't believe that this bill was intended
for construction sites that extend a distance along
the highway, I think this was intended for the single
kind of vehicle that they might be changing a street
light, doing potholes, working on a guardrail,
clearing brush, that sort of thing. I would suspect
that they would all have lights and it certainly would
seem to me that if they didn't it would in fact be
hard for the public to understand what is going on for
compliance to the statute.
2:06:20 PM
SENATOR MACKINNON noted that Anchorage has had casualties and
commented as follows:
In Anchorage we have had casualties beyond performing
maintenance or road service, but when contractors are
out in the right-of-way, they are doing the same thing
and they usually have stationary equipment along side
of the road as well and those Alaskans are in harms
way if you don't slow down or move over. We've had
some near-death experiences with contractors having
people in those right-of-ways and to me it seems like
it would qualify based on the new language coming out
of the Judiciary Committee that a vehicle performing
maintenance, maintenance is reconstruction of a road
or road service work, that's reconstruction that it
would qualify.
So, I guess it's two-fold, I need to know whether this
definition will extend to contractors in a roadway and
then if not, why? Then, I also need to know in the
summer if you don't have flashing lights then that
would exempt those contractors or require additional
expense on state contacts or municipal contracts to
add the flashing lights and is that what we want to
do?
2:08:21 PM
MATT WALKER, State Traffic and Safety Engineer, Alaska
Department of Transportation and Public Facilities, Juneau,
Alaska, testified in support of HB 204 and commented as follows:
To fulfill the department's mission to keep Alaska
moving, our employees are frequently on or adjacent to
roadways and moving traffic. We are inspecting bridges
and roadways to identify repair that extend our
infrastructure's life. We are designing our
infrastructure for safer and more efficient movement
by the public. We are assisting with emergency
response. We are performing maintenance and operation
activities like snow and ice removal, and repairing
signs and pavement markings, and roads and bridges,
and guardrails.
CHAIR STEDMAN asked Mr. Walker to address Senator MacKinnon's
previous questions.
SENATOR MACKINNON restated her questions as follows:
We have construction crews that, I'll use the Muldoon
bridge as an example where there was construction and
barriers and cones, everything set up, and it seems to
me that based on the language that's coming over from
the other body the act of performing maintenance or
road service work that private contractors would now
be included in this new definition, that's the first
question. Is that accurate, because before it was much
narrower. I certainly supported the previous iteration
of the bill where it was DOT&PF, that's who we were
protecting, but I think it's a good conversation that
we have contractors on the roadway that are placing
their lives at risk as well as DOT&PF employees or
other municipal folks.
2:11:14 PM
MR. WALKER replied as follows:
These contractors do work for the department, so I
think the fact that they are on the road performing
maintenance work they would be covered as they have
their flashers up; they are still required to put up
traffic control when they are doing work for the
department according to the Alaska Traffic Manual,
just as our maintenance personnel are required to do.
SENATOR MACKINNON asked him to touch base with the Department of
Law and provide a definitive answer. She continued as follows:
Those contractors who are working in the roadway
should be protected and we should educate, as Senator
Bishop suggested, the general population to know that
if somebody is stationary in the roadway operating on
a road, they should move to the left, they should
vacate the closest lane to provide additional
protection to those working in the roadway.
My secondary concern is requiring the flashing lights.
I'm not sure they are always there in the summer. Now,
maybe I'm just not seeing them because it's light for
some time during an Alaska summer, but if we could
check on whether those lights are required currently
on all projects or whether those lights stop flashing
during daytime hours because that might negate them
from being part of this if the flashers aren't going.
MR. WALKER answered that the DOT&PF Alaska Traffic Manual
requires lights to be on during roadwork.
CHAIR STEDMAN asked if DOT&PF was in support of the HB 204.
MR. WALKER answered yes.
2:13:56 PM
TRENTON ENGLISH, Business Representative, Public Employees Local
71, Juneau, Alaska, testified in support of HB 204. He disclosed
that the labor union represents many men and women throughout
the state that spend a great deal of time working along the
state's roadways. He asserted that the additions HB 204 makes to
the Move Over Law will go along way to keeping workers safe.
2:14:58 PM
DON ETHRIDGE, Lobbyist, Alaska AFL-CIO, Juneau, Alaska,
testified in support of HB 204. He addressed Senator McKinnon's
question and noted that the bill is intended to cover all
construction workers and DOT&PF maintenance personnel on the
highways.
2:15:45 PM
At ease.
2:16:15 PM
CHAIR STEDMAN called the committee back to order.
MR. ETHRIDGE added that traffic supervisors are trained to let
everyone know that "caution lighting" is required with signage.
2:17:18 PM
CHAIR STEDMAN closed public testimony.
2:17:44 PM
CHAIR STEDMAN held HB 204 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 204 Version J 4.19.17.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 Senate Transportation Committee Memo.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 Minor Offences Table.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 Explanation of Changes.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 DOT Work Zone Safety Week PR.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 CS (JUD) Sponsor Statement.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 Citation Statistics.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 AAA Support Letter.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 NWZAW Poster.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 - FN DPS.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 204 - FN DOA.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 204 |
| HB 82 ver J.A 2.26.18.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 82 |
| HB 82 Supporting Documents - Powerpoint 4.11.2017.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 82 |
| HB 82 Summary of Changes.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 82 |
| HB 82 Sponsor Statement 4.11.2017.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 82 |
| HB 82 Sectional Analysis.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 82 |
| HB 82 Letters of Support 2.15.18.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 82 |
| HB 82 - FN DOA.pdf |
STRA 3/1/2018 1:30:00 PM |
HB 82 |
| SB163 Fiscal Note DOT-MSCVE 1.29.18.pdf |
STRA 3/1/2018 1:30:00 PM |
SB 163 |
| SB163 Hearing Request 1.29.18.pdf |
STRA 3/1/2018 1:30:00 PM |
SB 163 |
| SB163 ver A 1.29.18.pdf |
STRA 3/1/2018 1:30:00 PM |
SB 163 |
| SB163 Sponsor Statement 1.29.18.pdf |
STRA 3/1/2018 1:30:00 PM |
SB 163 |