02/16/2012 01:00 PM House TRANSPORTATION

               HB 157-USE OF HEADLIGHTS REQUIRED                                                                            
                                                                                                                                
2:01:35 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that the next order of business would                                                                 
be HOUSE BILL NO. 157, "An Act relating to the use of headlights                                                                
when operating a motor vehicle."                                                                                                
                                                                                                                                
2:02:01 PM                                                                                                                    
                                                                                                                                
TYLER SPAAN, Intern, Representative Scott Kawasaki, Alaska State                                                                
Legislature, stated he would give a brief summary of HB 157.                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
MR. SPAAN paraphrased from a sponsor statement, as follows                                                                      
[original punctuation provided]:                                                                                                
                                                                                                                                
     House  Bill 157  addresses  a key  goal  of the  Alaska                                                                    
     Highway Safety Office's  Strategic Highway Safety Plan.                                                                    
     The plan  recommends changing state law  to require car                                                                    
     and truck headlight use at  all times. Research shows a                                                                    
     decrease  in traffic  accidents  where daytime  running                                                                    
     lights are  used. The Alaska Highway  Safety Office has                                                                    
     determined  enforcements  of  the headlight  law  could                                                                    
     decrease head-on collisions by five to 15 percent.                                                                         
                                                                                                                                
     The effectiveness  of "headlights on" laws  can be seen                                                                    
     in  Alaska on  the  Seward Highway.  In the  mid-1990s,                                                                    
     signs were  installed along the highway  from Anchorage                                                                    
     to Seward  requiring motor vehicles to  have headlights                                                                    
     on at  all times. The  Department of Public  Safety and                                                                    
     the  Department   of  Transportation   acknowledge  the                                                                    
     effectiveness    of    the   headlight    usage    with                                                                    
     instructional signs  in saving lives. According  to the                                                                    
     Department  of  Transportation,   there  was  a  marked                                                                    
     decrease  in the  number of  crashes  along the  Seward                                                                    
     Highway.                                                                                                                   
                                                                                                                                
     Similar  results  have  been seen  in  other  countries                                                                    
     located in Polar Regions like  Alaska. In Sweden, which                                                                    
     has similar climate conditions  to Alaska, studies have                                                                    
     found  that the  requirement to  use headlights  at all                                                                    
     times reduced crash rates by 20 percent in urban areas                                                                     
     and 17 percent in rural areas in winter months.                                                                            
                                                                                                                                
     House  Bill 157  will increase  the safety  on Alaska's                                                                    
     roadways  by making  all vehicles  easier to  see while                                                                    
     traveling, especially  during Alaska's long  periods of                                                                    
     dusk and dawn.                                                                                                             
                                                                                                                                
2:04:13 PM                                                                                                                    
                                                                                                                                
MICHAEL  BAVARSKY cautioned  that increasing  the stimuli,  which                                                               
this bill would do, tends to  make people less aware.  He related                                                               
that  school  buses  now  use   strobe  lights  although  drivers                                                               
previously were alert to yellow  buses and proceeded with caution                                                               
around school buses.  It  became necessary to put flashing lights                                                               
on buses  and now  strobe lights are  used to  attract attention.                                                               
He suggested that  it is impossible to get people  to be safe and                                                               
responsible  just by  increasing stimuli.   He  recalled when  he                                                               
almost  had  an accident  when  an  oncoming  car not  using  its                                                               
headlights was  in front of a  vehicle using its headlights.   He                                                               
almost pulled out,  which made him realize he  wasn't looking for                                                               
vehicles, but was  attuned to headlights.  He  predicted the same                                                               
thing would  happen if  people were  required to  use headlights.                                                               
He mentioned  that requiring headlights would  contribute to dead                                                               
batteries and increased  costs associated with more  fuel use and                                                               
light bulb  replacements.  He  offered his belief that  this bill                                                               
would usurp  responsibilities of people.   He suggested  a better                                                               
approach is to  teach people to be more responsible.   He doubted                                                               
the  accuracy of  the statistics  since the  studies do  not take                                                               
other  factors  into account  that  may  attribute to  the  small                                                               
increase in crashes.                                                                                                            
                                                                                                                                
2:08:36 PM                                                                                                                    
                                                                                                                                
MR. BAVARSKY  also asked to comment  on HB 128, relating  to cell                                                               
phone use.   He said  that no one should  be allowed to  use cell                                                               
phones while  driving.   He cited his  own experience  noting has                                                               
had several near misses, but none  of the drivers were young.  He                                                               
concluded  that  cell  phone  use   for  all  drivers  should  be                                                               
outlawed.                                                                                                                       
                                                                                                                                
2:09:31 PM                                                                                                                    
                                                                                                                                
CRAIG  BRESHEARS, Alaska  Motorcycle  Safety Advisory  Committee,                                                               
stated   that   his   committee   advises   the   Department   of                                                               
Transportation  & Public  Facilities' commissioner  on motorcycle                                                               
safety matters.   He  pointed out sometimes  an effort  to create                                                               
safety has  an adverse effect in  other areas.  He  related he is                                                               
also  a motorcycle  instructor  and that  he  teaches drivers  to                                                               
divide the  lane into  three pieces: a  right, center,  and left.                                                               
Typically, motorcycles will operate in  the right or left side of                                                               
the lane in order to keep  drivers safe.  He advised members that                                                               
currently  motorcycles  are required  to  use  headlights at  all                                                               
times  since  they are  small  and  hard to  see.    Thus use  of                                                               
motorcycle  headlights   should  increase  visibility   to  other                                                               
motorists.  He suggested if HB  157 were to pass, that headlights                                                               
may cause  an accident for the  motorcycle if drivers do  not see                                                               
the  single  headlight,  but  rather   would  notice  the  double                                                               
headlights  of a  car or  truck.   He  agreed that  motorcyclists                                                               
represent a small  portion of those vehicles on the  roadway.  He                                                               
acknowledged  HB   157  could  prevent  crashes,   but  it  could                                                               
adversely  affect  motorcyclists,  who   rarely  walk  away  from                                                               
crashes.   He emphasized  that all  motorcyclists are  opposed to                                                               
this bill  since it places them  in harm's way and  does not help                                                               
motorcyclists.    He  suggested motorcyclists  may  change  their                                                               
minds if the bill included  additional language, such as allowing                                                               
motorcycles  to  use of  blinking  lamps  generally reserved  for                                                               
emergency  vehicles.   He  reiterated  that  this bill  currently                                                               
adversely affects motorcyclists.                                                                                                
                                                                                                                                
2:13:15 PM                                                                                                                    
                                                                                                                                
AVES  THOMPSON, Executive  Director, Alaska  Trucking Association                                                               
(ATA), said so  long as the bill promotes safer  driving that the                                                               
ATA has no objection; however,  he offered that he understood and                                                               
appreciated  the   concerns  of   the  motorcyclists   and  other                                                               
testimony  given  today.    He  urged  members  to  consider  the                                                               
comments carefully.                                                                                                             
                                                                                                                                
2:14:18 PM                                                                                                                    
                                                                                                                                
BOYD   MCFAIL,  Legislative   Affairs  Officer,   Alaskan  Bikers                                                               
Advocating  Training and  Education  (ABATE),  stated that  ABATE                                                               
opposes  this  bill.   As  Mr.  Brashears testified  to  earlier,                                                               
motorcycles could be  caught in the sea of headlights  and not be                                                               
seen.   Additionally,  one other  distraction would  be from  the                                                               
stimuli from  the lights  themselves since viewing  a car  from a                                                               
great distance  tends to cause the  lights to separate.   He said                                                               
it  is difficult  to judge  speed of  oncoming motorcycles  since                                                               
drivers are  used to seeing  two headlights.   This may  create a                                                               
situation  which puts  motorcyclists  at risk  since drivers  may                                                               
misjudge  the  distance and  speed  of  the oncoming  motorcycle.                                                               
Motorcyclists  are most  likely to  suffer injury  or death.   He                                                               
related that  railroad engines  use alternating  headlights since                                                               
it  allows  people to  better  judge  speed  and distance  of  an                                                               
oncoming train than  when a train only uses solid  lighting.  The                                                               
use of  alternating headlights reduces  accidents.   He suggested                                                               
use  of  modulating  headlights  is legal,  but  the  lights  are                                                               
expensive.  He suggested that the  bill does not offset any costs                                                               
to motorcyclists.   He offered  that ABATE cannot support  HB 157                                                               
in its current form.                                                                                                            
                                                                                                                                
2:18:42 PM                                                                                                                    
                                                                                                                                
MR. SPAAN  pointed out that  the sponsor also owns  a motorcycle.                                                               
He  has  taken  the  interests  of  motorcyclists  in  mind  when                                                               
crafting this bill.   He referred to  research analysis performed                                                               
by the U.S. Department of Transportation.   He then referred to a                                                               
document and  said, "Headlight  systems have  also been  shown to                                                               
reduce fatal opposite direction  crashes between a motorcycle and                                                               
passenger vehicle  by 23 percent."   He appreciated  Mr. McFail's                                                               
testimony on behalf  of motorcyclists and concluded,  "This is in                                                               
the best interests of everyone."                                                                                                
                                                                                                                                
2:19:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON referred  to Section  28 of  HB 157.   He                                                               
questioned  why the  level of  infraction  is not  stated in  the                                                               
bill.                                                                                                                           
                                                                                                                                
MR.  SPAAN answered  that he  was  not qualified  to answer  that                                                               
question,  but  pointed  out  that the  bill  has  an  additional                                                               
referral to  the Judiciary committee.   He offered to  provide an                                                               
answer in writing.                                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON  commented  he  does not  serve  on  that                                                               
committee.                                                                                                                      
                                                                                                                                
2:20:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  asked for  clarification  on  when it  is                                                               
currently illegal to drive without headlights.                                                                                  
                                                                                                                                
MICHAEL  VIGUE, Chief,  Statewide Plan  and Transit,  Division of                                                               
Program  Development,  Department   of  Transportation  &  Public                                                               
Facilities  (DOT&PF),  answered that  13  AAC  04.010 lists  when                                                               
lights are required to be on.  He read:                                                                                         
                                                                                                                                
       (a) Every vehicle traveling on a highway or other                                                                        
     vehicular way or area within the state must illuminate                                                                     
     lights                                                                                                                     
          (1) between one half hour after sunset and one                                                                        
     half hour before sunrise; or                                                                                               
          (2) at any other time when, because of                                                                                
     insufficient  light  or other  atmospheric  conditions,                                                                    
     persons  or vehicles  on the  highway  are not  clearly                                                                    
     discernible at a distance of 1000 feet.                                                                                    
                                                                                                                                
     (b)  Stop lights,  turn  signals,  and other  signaling                                                                    
     devices  must  be  illuminated   as  required  by  this                                                                    
     chapter.                                                                                                                   
                                                                                                                                
     (c) Every  vehicle traveling on a  highway or vehicular                                                                    
     way or  area must  illuminate lights when  traveling on                                                                    
     any  roadway that  is posted  with signs  requiring the                                                                    
     use of headlights.                                                                                                         
                                                                                                                                
     (d) For  the purposes  of (c)  of this  section, lights                                                                    
     include  low intensity  headlights and  daytime running                                                                    
     lamp devices that  meet the standards in  49 C.F.R. 571                                                                    
     (revised as of August 29,  1996), if the headlights are                                                                    
     not  otherwise required  under (a)(1)  or  (2) of  this                                                                    
     section.                                                                                                                   
                                                                                                                                
2:22:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  recalled  posted   signs  on  the  Seward                                                               
Highway that indicate when headlights  must be used.  He inquired                                                               
as to who determines the posting.                                                                                               
                                                                                                                                
MR. VIGUE  answered that  the DOT&PF  makes the  determination on                                                               
all four Highway Safety Corridors in Alaska.                                                                                    
                                                                                                                                
2:23:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether any increases  or decreases                                                               
have  occurred for  motorcycle accidents  in  the Highway  Safety                                                               
Corridors (HSC).                                                                                                                
                                                                                                                                
MR.  VIGUE  said  he  was  not aware  of  any  specific  data  on                                                               
motorcycle crashes  resulting from headlight  use or nonuse.   He                                                               
related  his understanding  when placing  countermeasures in  the                                                               
HSC  a  number  of  things  occur simultaneously.    Thus  it  is                                                               
difficult to  correlate between  headlight use  and crashes.   At                                                               
the  same  time  signs  related to  headlight  requirements  were                                                               
initiated,  law enforcement  was  also  increased and  centerline                                                               
rumble strips were also installed in  the HSC.  Thus it difficult                                                               
to substantiate  which measure is  responsible for  the reduction                                                               
in crashes.                                                                                                                     
                                                                                                                                
2:24:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  moved to  report HB  157 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHNSON objected.                                                                                                
                                                                                                                                
A roll  call vote  was taken.   Representative Petersen  voted in                                                               
favor  of   the  motion  to   move  HB  157  out   of  committee.                                                               
Representatives  Johnson,  Munoz,  Pruitt, and  P.  Wilson  voted                                                               
against it.   Therefore, the motion  to report HB 157  out of the                                                               
House Transportation Standing Committee failed by a vote of 1-4.