Legislature(2015 - 2016)BUTROVICH 205
02/04/2016 01:00 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| SB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 92 | TELECONFERENCED | |
| += | SB 132 | TELECONFERENCED | |
SB 92-PROHIBIT DAYLIGHT MANDATORY HEADLIGHT USE
1:02:56 PM
CHAIR MICCICHE announced consideration of SB 92.
1:03:22 PM
SENATOR BERT STEDMAN, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 92, said this is a simple bill. He explained that
over the years, proposals have been brought to the legislature
(in 2009, SB 73 and HB 181, and in 2014, SB 115) requiring
headlights on at all times and the legislature has decided not
to do that by taking no action on the bills. The Department of
Transportation and Public Facilities (DOTPF) made a regulatory
decision to require headlights on throughout the Southeast
Islands and this caught his office and his community by
surprise.
SENATOR STEDMAN said if this was a statewide regulation
including everybody rather than just a particular area of the
state, it would be one thing, but it is targeted at one
community and it is not supported by most of the public. When he
asked for an analysis of accidents throughout Alaska, he found
that Sitka and Ketchikan regions had minimal traffic deaths. The
targeted area doesn't have many roads or high speed limits and
this requirement doesn't really fit, unlike Central Alaska and
Fairbanks that have the vast majority of the population.
He pointed out that the underlying concern of this bill is when
the legislature takes an affirmative action not to take action
and an agency by regulation imposes its will over the will of
the legislature.
1:07:36 PM
RANDY RUARO, Staff to Senator Bert Stedman, Alaska State
Legislature, Juneau, Alaska, sponsor of SB 92, explained that SB
92 has two sections, both intended and advised by Legislative
Legal as the way to pull this specific policy issue back to the
legislature from an otherwise very broad generic grant of
authority to the agencies to accomplish this by regulation. He
said the other existing headlight rules would remain in place.
MR. RUARO said his research revealed that the National Highway
Traffic Safety Administration has looked at the issue numerous
times and in 2008/9 it found evidence of the benefit of using
daytime headlights. However, another report found that daytime
headlights actually seemed to increase involvement in two car
passenger vehicle fatalities in all crashes. He thought the
science is probably debatable, and if the reports were weighed
the scales would probably lean towards a safety benefit.
1:09:55 PM
SENATOR STEDMAN added that it takes money and man hours to put
up signs and maintain them and the legislature is trying to hold
back budgetary growth and help the department in the most
critical areas around the state. Little things like this agitate
elected officials.
If he felt as a senator for the area that there were safety
corridor issues and high death ratios on the highways in the
area, he might be a little more understanding, but 2010 death
statistics indicate that of the 52 people who died in accidents
statewide, only one was in his area and one was in Juneau - that
includes all of Southeast. In 2011, there were 63 deaths: three
in Juneau and none south of Juneau. In 2012, there were 54
deaths; one in his communities and one in Juneau. In 2013 there
were no deaths in Southeast and 49 statewide. The math just
doesn't work, he said.
SENATOR STEDMAN said other things can be done to focus on safety
issues. He was also concerned about how one region of the
department took action on this and the other ones opted out, and
the region that took action on it doesn't have the fatalities
behind it that other areas of the state do. He summarized that
this is a simple bill that brings authority back to the
legislature.
1:12:33 PM
SENATOR DUNLEAVY asked how this regulation would be handled in
the unincorporated areas where there are no boroughs or cities
and basically where the legislature is the assembly.
SENATOR STEDMAN replied that most of geographic area he
represents, which includes Prince of Wales Island (PWI), is
unincorporated. He didn't see any difference in the highways on
the PWI from the ones in Ketchikan or Sitka.
SENATOR DUNLEAVY asked if those signs would be removed if this
bill passed.
SENATOR STEDMAN answered yes; he doesn't want to pay Department
of Transportation and Public Facilities (DOTPF) to maintain
them. He'd rather see DOTPF fix a pothole.
1:13:28 PM
SENATOR BISHOP asked if this bill applies statewide.
SENATOR STEDMAN answered yes.
SENATOR STEDMAN said when he looks at the DOTPF workload dealing
with roads and airports in Southeast, it is minimally staffed.
When he looks at the Troopers who are also minimally staffed,
they deal with fish and game violations, black tar heroin issues
and domestic violence issues, and he didn't want the Department
of Public Safety to be taken away from dealing with these
serious social issues by chasing somebody around who didn't turn
their headlights on.
1:14:54 PM
JEFF JEFFERS, State Traffic and Safety Engineer, Department of
Transportation and Public Facilities (DOTPF), Juneau, Alaska,
said the department neither supports nor opposes SB 92. It is
prepared to proceed according to the legislature's direction on
this issue.
He explained that current headlight use regulatory signs were
installed in accordance with the existing provisions of 13 AAC
04.010 and are not intended to represent a statewide requirement
for daytime headlight use. The department sees value in
retaining the current latitude in 13 AAC 04.010 in order to
retain the low-cost site specific countermeasure of daytime
headlight use. Studies indicate a 5 to 15 percent reduction in
multi-vehicle crashes with headlights on during daytime hours
for head-on, side-swipe, and angle-type crashes.
He said the department acknowledges the frustrations generated
by the South Coast Region 2014 headlight use signs project and
adjusted their procedures for erecting the signs. They revised
their Alaska Traffic Manual in 2015 to require DOTPF
commissioner approval before erecting headlight use signs. Only
one other regulatory sign in Alaska requires commissioner
approval.
He explained that the department recognizes that any regulatory
sign or requirement reduces the public's right to choose how
they behave or operate their motor vehicles, but like speed
limits and stop signing they believe the safety benefit and
desire to bring Alaskans home at the end of the day alive and
uninjured is a societal benefit that significantly outweighs the
impact on the reduction of the public's rights.
1:17:28 PM
SENATOR BISHOP asked if this would affect the state receiving
federal funding if it were to become law.
MR. JEFFERS replied not to his knowledge, but this particular
project was implemented in accordance with 13 AAC, which has
been in place for some time as a highway safety improvement
project, which is federally funded. It's uncertain whether the
state would have to reimburse the federal agency for its
participation. He said they implemented this project based on
safety data analysis, which they consider a systemic process
that analyzes data looking for highways with similar
characteristics for which a safety counter measure can have
benefit, and then apply appropriate and affordable
countermeasures over a number of locations. In this case, all
these highways are rural, two-lane highways and they happen to
be in the South Coast Region. It was not their intent to extend
this beyond the rural segments or to infringe on the
legislature's intent in their choice not to advance bills
regarding statewide fulltime headlight use.
SENATOR STEDMAN said his understanding is that the federal grant
was available for all the regions of Alaska, but the Southeast
Region is the only one selected to participate, and the others
opted out. He asked if that is correct.
MR. JEFFERS answered not quite. He explained that the Highway
Safety Improvement Program is a federally funded program. States
are mandated to use the funds to improve spot locations as well
as to make system-wide improvements for enhancing safety.
Reducing and eliminating fatal and major injuries is their goal.
The funding which comes to the headquarters is distributed to
the regions based on their nominations of projects. In that
year, about $30 million was distributed statewide; about
$100,000 or less was used for signage in this project. Had this
funding not been used for this particular signing project, it
would have been used elsewhere in the state.
1:20:54 PM
SENATOR STEDMAN said the former commissioner didn't know about
this project until it was basically done and his phone was
ringing. He added that he understands the concern about traffic
deaths in the safety corridors, because they have had hearings
and funding requests and have taken affirmative action
throughout the Railbelt trying to deal with the heavy traffic
and the highway deaths. But it's not a rural issue, quite
frankly. He couldn't recall any hearings on safety corridor
issues in Southeast Alaska where the biggest highway is the Egan
Highway in Juneau. The rest are basically two lane roads with
35-45 mph speed limits. While it fits the grant, it doesn't fit
the region. There is no question that under 13 AAC they had the
authority to do this, but it comes back to the umbrella issue of
who is setting the policy, the agencies or the legislature.
1:22:58 PM
SENATOR MICCICHE asked if this grant is a net positive or a
negative to the General Fund (GF).
MR. JEFFERS answered that it cost the state about $2,000 due to
the matching funds that are applied to federal funding of
different types.
CHAIR MICCICHE asked what other kinds of decisions the DOTPF
makes on making Alaska's highways safer that the legislature
does not weigh in on.
MR. JEFFERS answered that the department is given latitude in
the regulations or statute to implement traffic control devices
around the state highway system to improve safety and to control
and manage traffic. They routinely install traffic signals,
alter their operation, mark pavement, install signs, and
increase and decrease speed limits in accordance with the needs
of the traveling public. This is one of the elements that is a
tool in their toolbox when it comes to cross center line
crashes. Rural two-lane highways have basically run off the road
accidents, angle crashes and head-on collisions. The department
has a limited quiver of options for dealing with things like
this. The price tag increases rapidly, but a short list includes
center line rumble strips, delineation or signing and marking
curve warning signs, widening or straightening of roadways,
divided highway passing lanes, and slow vehicle turnouts. Each
option is a little more invasive and a little more expensive
than the option they chose in this case. It is a relatively low
effectiveness countermeasure given that they expect to see a 5
to 15 percent crash reduction. Even if it prevents one minor
injury accident it will be a net benefit from the cost
standpoint. This is one of the ways they evaluate where to spend
the federally provided funds for the Highways Safety Improvement
Program. They are distributed to projects that are selected
based on their benefit cost. In this case, while it was a
relatively low benefit cost, the project was also low net cost
and the hope is that the benefit is greater than the imposition
on the public.
CHAIR MICCICHE asked if he had any statistics on the proportion
of vehicle accidents or injuries versus fatalities.
MR. JEFFERS answered that fatal injuries are rare and they are
not the only consideration used in looking at potential
countermeasures. Last year there were 50 fatal injuries and a
total of 12,000 non-fatal accidents and injuries. He explained
that the difference between a fatal injury and a minor injury
might be the age of the occupant, the kind of vehicle they are
riding in, the speed they are traveling, a moment in which they
are not wearing their seatbelt, or whether they strike the rear
passenger door or T-bone into the driver's side.
CHAIR MICCICHE asked if he had an analysis to justify that
daylight headlight usage reduces accidents.
MR. JERRERS answered yes in the sense that the northern latitude
countries of Finland, Norway, Sweden, Iceland, Denmark, and
Canada are all embracing, and have embraced over the last 35
years, the use of headlights or daylight running lights during
daytime hours, and they aren't reversing their position to his
knowledge. One of the reasons DOTPF is interested is because
Alaska has the low angle sun and the long twilight periods. He
explained that the Southeast project installed signs on main
roads with a lot of driveways accessing them.
CHAIR MICCICHE said when he starts all of his vehicles, except
for the 1982 Ford plow truck, the lights come on and that must
have been done for a reason. He said he had offered to provide
the Senator - and to install - an automatic headlight switch for
his truck, but he hadn't taken him up on it, yet. He asked if
the industry recognized the automatic switches as a benefit.
MR. JEFFERS offered his belief that the industry did it on its
own as a safety measure, although a legislative effort was made
that was denied.
SENATOR BISHOP asked if it is sufficient to require the use of
headlights one half hour before and after sunrise and sunset. He
was taught that the most dangerous time to fly an airplane or
drive a car is at sunrise and at sunset, because depth
perception is skewed.
MR. JEFFERS offered to do some research, but said the
requirement is actually one-half hour after sunset.
1:32:08 PM
CHAIR MICCICHE opened public testimony.
1:32:30 PM
DENNIS WATSON, Mayor, City of Craig, Craig, Alaska, supported SB
92. He has lived on Prince of Wales Island for 42 years and is
the general manager of the Interisland Ferry Authority. He was
flabbergasted when this started: without any warning a DOTPF
employee from the safety of his desk had decided they all had to
drive with their headlights on. He did not visit the area to see
what was really going on and did not provide any public process.
The Mayor said he talked to the fellow several times and was
told that there is nothing he could do about it.
MAYOR WATSON said being a community leader, he has a real
problem with that. He said there are two main causes of traffic
accidents on PWI and it has to do with speeding and driving
impaired. Neither of these has anything to do with driving with
headlights on in the daytime. The Police Chief does not believe
it is necessary and the Troopers on the island don't support it.
He asked a deputy commissioner of Public Safety who said had
DOTPF come to them first, they would have suggested that this
was not necessary on PWI. There should have been a public
process. DOTPF should not act unilaterally, and laws are not
needed without good backup behind them. He urged the committee
to pass the bill.
1:36:07 PM
BRIAN LYNCH, representing himself, Petersburg, Alaska, opposed
SB 92 and was in favor of 24 hour headlight use. He said this
appears to be government overreach and he understands the
problem with that, but for him, it is a safety issue. He lives
on Mitkof Highway in town near a very misleading curve. Often
when he leaves his driveway, vehicles just appear on his rear,
and a couple of times it has been a fully loaded dump truck.
Without headlights on, he wouldn't be able to see them even if
they were not exceeding the speed limit. He drives with his
headlights on all the time no matter where he is in town. He has
also thought about petitioning DOTPF to try to reduce the speed
limit on Mitkof Highway, but this would really seriously impact
Alaska Marine Lines when they are running fish from the
processors in town during a big summer season.
1:39:03 PM
CHAIR MICCICHE, finding no further comments, closed public
testimony. He asked Mr. Hansen if he had experience with
statewide Alaska Highway safety issues and headlights improving
safety during the daytime.
1:40:09 PM
DAVID HANSEN, Lieutenant, Alaska State Troopers, Department of
Public Safety (DPS), Anchorage, Alaska, said that he is
currently assigned as Lieutenant and Deputy Commander of the
Alaska Bureau of Highway Patrol, which works closely with DOTPF
in collaborating with the highway safety corridors. He said the
requirement of headlight use at all times, particularly in the
highway safety corridors, has been shown to reduce collisions
based upon historical DOTPF statistics. It is worth the time
spent on patrol doing that type of enforcement.
He said in 2012-2015, Alaska State Troopers and Wildlife
Troopers wrote 200 (13 AAC 04.010) (c) citations for not using
headlights in safety corridors. Using a rough figure of about 10
minutes per traffic stop resulted in about 33 hours spent by DPS
in a four-year time span. So, especially during breakup when
vehicles take on the same color as the road, having headlights
on is beneficial in keeping the road safer.
CHAIR MICCICHE asked how he would divide that effectiveness
between country two-lane roads versus the larger state highways.
LIEUTENANT HANSEN responded that their concentrated effort has
been on the safety corridors, and he doesn't have statistics on
the smaller roads. He knows from personal experience that it is
easier to see oncoming vehicles if their headlights are on.
1:43:12 PM
SENATOR STEDMAN said he wasn't aware of any safety corridors in
Southeast Alaska and there is a cost to maintaining the signs.
He would rather see DOTPF fixing potholes. In 2010-2014, he and
Senator Egan collectively have 10 percent of the state's
population and had 3.5 percent of the highway deaths. Policies
need to be made in the legislature by elected officials,
especially when they have taken affirmative action on three
bills at least in the last few years.
1:45:33 PM
CHAIR MICCICHE commented that when he was a small town mayor
some of the decisions that DOTPF made were very frustrating.
However, changing the thickness of the striping did slow
vehicles down on part of their highway. They went through the
headlight issue a couple of years ago. Probably the frustration
they are hearing has more to do with the public process than the
fact. He recommended that the department provide some outreach
to the involved communities.
He held SB 92 in committee.