Legislature(2003 - 2004)
03/19/2004 08:05 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 255-ILLEGAL USE TRAFFIC PREEMPTION DEVICE
MR. DENNIS MISCHEL, staff to Senator Gene Therriault, sponsor,
explained to members that under current law, it is not illegal
to use a traffic preemption device in Alaska. A traffic
preemption device can be used by a driver to change a traffic
light from red to green. The purpose of SB 255 is to ban these
devices, with exceptions, because they disrupt traffic and can
cause dangerous intersection conditions. Under SB 255, emergency
responders, such as firemen, police officers, ambulance drivers,
as well as state maintenance workers and municipal bus drivers,
would be exempt. He offered to answer questions.
CHAIR SEEKINS asked how one gets a traffic preemption device.
MR. MISCHEL said they can be directly ordered from the
manufacturer and they can be purchased on the Internet. To
purchase one on the Internet, the buyer must check a box saying
he or she is an emergency response provider but no verification
is done. He has also heard they can be purchased on E-bay.
SENATOR FRENCH asked if these devices operate on the same
frequency nationwide.
MR. MISCHEL said they do but communities can encrypt their
devices, which the [Municipality of Anchorage] does. He noted
most of the devices in the Lower 48 are not encrypted.
SENATOR FRENCH asked if a device without an encryption code that
was purchased on E-bay could change a traffic signal in a
community with encryption codes.
MR. MISCHEL replied, "Originally no, not the ones they buy from
the Internet but encryption can be broken and once it's broken,
it can get out there and then it reverts back to almost being
un-encrypted. So this will keep them from actually possessing
the devices, whether they're encrypted or not."
SENATOR FRENCH pointed out that remote garage door openers are
encrypted. He was unsure whether the encryption on traffic
preemption devices is as simple or more complex than those
devices.
CHAIR SEEKINS took public testimony.
MR. DAVID TYLER, President of the Alaska Fire Chiefs
Association, stated support for SB 255. He explained that when
approaching an intersection, the device turns the traffic signal
green in the driver's direction of travel. He noted that traffic
preemption devices in both Anchorage and Fairbanks are encrypted
to the extent that the system monitors which device was used.
MS. SHELLY OWENS, Health Program Manager with Community Health
and Emergency Medical Services at the Department of Health and
Social Services (DHSS), stated support for SB 255. The Federal
Highway Administration (FHA) reported that in the year 2000,
there were more than 2.8 million intersection related crashes,
representing 44 percent of all reported crashes in that year and
approximately 8500 fatalities. Although it is not known whether
any of those crashes were related to traffic preemption device
use, intersection safety has become a focus of several national
traffic safety organizations. DHSS supports SB 255 because of
the potential for tragic results caused by abuses of the devices
by untrained persons.
LIEUTENANT AL STOREY, Alaska State Troopers, Department of
Public Safety (DPS), stated support for reasons mentioned in
previous testimony. In addition, he noted that cities spend
large amounts of money to design proper traffic flow systems, so
disrupting a system for one's convenience by using traffic
preemption device corrupts that entire process.
SENATOR OGAN asked how traffic preemption devices work.
LT. STOREY said the current technology involves an invisible
infrared transmitter on the emergency vehicle. When the
transmitter approaches an intersection equipped with a receiver,
it activates the light function.
SENATOR OGAN asked how the police could stop a person who is
using a device if the transmission is invisible.
LT. STOREY explained that the intent of SB 255 is to prevent
people from buying the devices, but if they are used and cause
an accident, they would likely be found during an investigation.
He noted that some of the receivers in Fairbanks and Anchorage
are able to identify which transmitter provides each signal.
CHAIR SEEKINS pointed out the bill applies to a person who
possesses or uses a traffic preemption device. He then asked Lt.
Storey his opinion of allowing traffic preemption devices to be
used for municipal buses and state maintenance vehicles.
LT. STOREY said he understands the need for those vehicles to
have them and that the system is able to prioritize
transmissions so that an emergency vehicle would have a priority
over a maintenance vehicle.
CHAIR SEEKINS asked Lt. Storey if he believes that a private
citizen using a device would pose a danger but a municipal bus
driver would not.
LT. STOREY said he suspects bus drivers would be municipal
employees who are trained in the proper use of the device so as
not to create a danger.
SENATOR FRENCH asked if the preemption device overrides the
normal green-yellow-red sequence and instantly changes a red
light to a green light.
LT. STOREY said it is his understanding the sequence is the same
but it initiates the process quicker.
8:20 a.m.
SENATOR OGAN noted that in some places the lights are timed so
that a person can travel at a particular speed and avoid any red
lights. He asked if the devices work on those lights and whether
they would throw the entire timed system off.
LT. STOREY said he does not know how they would work in those
areas. In Anchorage, the devices currently work at the high use,
most dangerous intersections that are hazardous to clear.
With no further participants, CHAIR SEEKINS closed public
testimony. He then said he is not comfortable with allowing
every bus driver to have preemption devices because he fears
they will be used if the bus is one minute off schedule.
SENATOR OGAN shared that concern and said he could envision a
bus driver using the device to get home by 5:00 p.m. Otherwise,
he believes SB 255 is a great bill.
SENATOR FRENCH commented that it appears the municipalities are
figuring out ways to prioritize who can override a traffic light
and when, yet the bill says operating an emergency vehicle,
which precludes snow plows and buses.
CHAIR SEEKINS clarified that Version Q was before committee
members. He then noted that anyone authorized by the municipal
department of transportation or the Department of Transportation
and Public Facilities (DOTPF) can use a traffic preemption
device, so a mayor could have one.
SENATOR FRENCH interpreted that language to require the mayor to
be operating maintenance equipment or a bus.
SENATOR THERRIAULT referred to the language on page 1, lines 13-
15, and agreed with Senator French. In regard to the concern
about allowing bus drivers and maintenance workers to use them,
he felt comfortable giving the local councils discretion and
authority over their particular areas because they are familiar
with the traffic systems in their areas.
CHAIR SEEKINS replied:
...I don't have a problem if that's what it is but
then I just have to throw a little bit of cold water
on the testimony that says that these are dangerous
devices because we're going to let every public bus
have one. I have some doubt about - then we're going
to increase the danger for the public bus to get
through on time but that's okay, if that's what we
want to do. Some folks say well these are dangerous
devices and they should only be used under unusual
circumstances. I will bet that in Anchorage they will
be used regularly on their buses. But if that's what
they want to do, it's fine with me. I don't have a
problem with that.
SENATOR FRENCH thought they are used now on buses.
There being no further discussion, SENATOR OGAN moved CSSB
255(STA) from committee with individual recommendations and its
zero fiscal notes. Without objection, the motion carried.
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