02/24/2015 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB88 | |
| HB91 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 88 | TELECONFERENCED | |
| *+ | HB 91 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
February 24, 2015
1:06 p.m.
MEMBERS PRESENT
Representative Neal Foster, Co-Chair
Representative Shelley Hughes, Co-Chair
Representative Charisse Millett
Representative Benjamin Nageak
Representative Louise Stutes
Representative Matt Claman
Representative Dan Ortiz
MEMBERS ABSENT
COMMITTEE CALENDAR
HOUSE BILL NO. 88
"An Act relating to remittance of tire fees; and providing for
an effective date."
- HEARD & HELD
HOUSE BILL NO. 91
"An Act relating to operating a motor vehicle in lanes of
traffic."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 88
SHORT TITLE: FEES FOR TIRES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/30/15 (H) READ THE FIRST TIME - REFERRALS
01/30/15 (H) TRA, FIN
02/24/15 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 91
SHORT TITLE: OPERATING MOTOR VEHICLES IN TRAFFIC LANE
SPONSOR(s): HUGHES
01/30/15 (H) READ THE FIRST TIME - REFERRALS
01/30/15 (H) TRA, FIN
02/24/15 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
ANNA KIM, Chief of Revenue Operations
Juneau Office
Department of Revenue (DOR)
Juneau, Alaska
POSITION STATEMENT: Presented HB 88 on behalf of the
administration.
BRANDON SPANOS, Deputy Director
Tax Division, Anchorage Office
Department of Revenue (DOR)
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HB 88.
STUART KRUEGER, Staff
Representative Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 91 on behalf of the prime
sponsor, Representative Shelley Hughes.
RODNEY DIAL, Lieutenant; Deputy Commander
A Detachment
Division of Alaska State Troopers
Department of Public Safety (DPS)
Ketchikan, Alaska
POSITION STATEMENT: Answered questions during the discussion of
HB 91.
GARY BILLER, President
National Motorists Association (NMA)
Madison, Wisconsin
POSITION STATEMENT: Testified in support of HB 91.
MARK NEIDHOLD, Chief
Design & Construction Standards
Division of Statewide Design & Engineering Services
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of HB 91.
EVERRET HAMILTON
Palmer, Alaska
POSITION STATEMENT: Testified during the discussion of HB 91.
EMIL ROBERT MACKEY, PhD; Member
Juneau Airport Board
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of HB 91.
THOMAS BRAUND
Sutton, Alaska
POSITION STATEMENT: Testified in opposition to HB 91.
LINDSEY SILKO
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 91.
JOANNE BLACKBURN
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HB 91.
PAM GOODE
Delta Junction, Alaska
POSITION STATEMENT: Testified in opposition to HB 91.
ACTION NARRATIVE
1:06:13 PM
CO-CHAIR SHELLEY HUGHES called the House Transportation Standing
Committee meeting to order at 1:06 p.m. Representatives Ortiz,
Millett, Nageak, Stutes, Foster and Hughes were present at the
call to order. Representative Claman arrived as the meeting was
in progress.
HB 88-FEES FOR TIRES
1:06:58 PM
CO-CHAIR HUGHES announced that the first order of business would
be HOUSE BILL NO. 88, "An Act relating to remittance of tire
fees; and providing for an effective date."
1:07:57 PM
ANNA KIM, Chief of Revenue Operations, Juneau Office, Department
of Revenue (DOR), on behalf of the administration, stated that
HB 88 proposes to change the deadline for vendors to report and
pay collected tire fees to the last day of the month. She
explained that tire fees and payments are due 30 days following
the last day of the calendar quarter. Thus for three of the
calendar quarters the filing and payment are due prior to the
last day of the month. This has caused taxpayer confusion about
filing dates and resulted in inadvertent late filings, as well
as penalties and interest on late filings. This bill would
provide a remedy.
1:09:06 PM
MS. KIM stated that Section 1 changes the return and tax payment
due date from 30 days following the last day of the calendar
quarter to the last day of the calendar month. She said this
means the due dates change from the original due dates of the
30th of July, October, and January to the 31st.
MS. KIM stated that Section 2 will align the payment and date
used to determine a timely paid credit with the adjusted due
dates listed in Section 1. She relayed that the timely paid
credit is intended to compensate taxpayers for collecting taxes
from customers and remitting fees to the state. She explained
that the timely paid credit allows vendors to retain five
percent of the amount of the tax collected not to exceed $900
per quarter, to cover expenses associated with collecting and
remitting the fees.
1:09:55 PM
MS. KIM stated that Section 3 will apply the due date changes to
the first calendar quarter after the effective date of the act
and Section 4 will add an immediate effective date. She
reported that the department's fiscal note is zero and the
department is not aware of any opposition to the bill.
1:10:41 PM
CO-CHAIR HUGHES asked whether the schedule for vendors who sell
tires will also match the schedule for those remitting motor
fuel taxes.
MS. KIM deferred to Mr. Spanos to respond.
1:11:17 PM
BRANDON SPANOS, Deputy Director, Tax Division, Anchorage Office,
Department of Revenue (DOR), stated that he was not aware of any
tire fee taxpayers who are also collecting motor fuel taxes;
however, if this did occur, the two separate returns would line
up. He explained that motor fuel taxes are filed monthly, but
taxpayer returns would line up since the due dates fall at the
end of the month. In addition, under the bill all of the
quarterly returns will fall at the end of the month rather than
the 30th day of the month.
1:12:13 PM
CO-CHAIR HUGHES asked for further clarification on the reduction
in revenue of $30,000.
MR. SPANOS answered that the figure may be estimated higher,
since the division has not yet analyzed how many taxpayers
actually pay one day late, but the figure is based on estimated
penalty and interest payments for a number of late filings. The
reduction in revenue reflects the loss of interest, penalties,
and taxpayer credits, he said. He explained that taxpayers
paying one day late incur a late filing penalty of 5 percent
plus 3.75 percent interest, as well as a timely filing credit of
up to $900.
1:13:17 PM
REPRESENTATIVE ORTIZ asked for the genesis of the bill and if it
came from the vendors.
MS. KIM answered that taxpayers have raised the issue of
inconsistencies in the due dates.
1:13:50 PM
REPRESENTATIVE CLAMAN related his understanding that this bill
would reduce the burden for businesses who sell tires since they
will have a clear schedule for remitting tax collections and the
loss of revenue reflects the division will not be collecting
penalties and interest for vendors with late filings.
MS. KIM answered that is correct.
1:14:14 PM
REPRESENTATIVE CLAMAN asked for further clarification that the
division will still collect late fees, but the expectation is
that since the deadline would be clearer, the department will
collect less penalties and interest.
MS. KIM answered that is also correct.
1:14:41 PM
CO-CHAIR FOSTER asked the department to elaborate on the tax
timely pay credit loss.
MS. KIM answered that vendors who pay timely retain 5 percent of
the tire fees that the division would normally collect.
1:15:15 PM
CO-CHAIR HUGHES asked how businesses will be notified of the
proposed change, for example, whether vendors will be notified
through the public notice process or if the department will
provide individual notices to taxpayers. She further asked for
information on the different types of tire fees for commercial,
studded, or off road tire fees.
MS. KIM explained that the outreach would be done by the excise
tax section. She said the division will also need to change its
forms. She envisioned that some type of announcement will be
posted on the department's website. She deferred to Mr. Spanos
to address tire fees.
1:16:29 PM
MR. SPANOS answered that two fees are associated with tires, the
first is a [$2.50] fee on the sale of all new tires, and the
second is a fee of $5 for studded tires; however, customers
buying studded tires are required to pay both fees.
CO-CHAIR HUGHES asked whether fees are different for large
commercial tires as compared to fees for passenger vehicles.
MR. SPANOS confirmed the tire fee is $2.50, but there is not any
difference in fees based on tire size. He clarified that the
stud fees are based on the stud weight so the $5 fee wouldn't
apply to a small aluminum stud, but it would apply to steel
studs. Further, tires used exclusively for off-road use are
exempt from the taxes.
1:18:46 PM
CO-CHAIR HUGHES, after first determining no one wished to
testify, closed public testimony on HB 88.
[HB 88 was held over.]
[CO-CHAIR HUGHES passed the gavel to Co-Chair Foster].
HB 91-OPERATING MOTOR VEHICLES IN TRAFFIC LANE
1:19:53 PM
CO-CHAIR FOSTER announced that the final order of business would
be HOUSE BILL NO. 91, "An Act relating to operating a motor
vehicle in lanes of traffic."
1:20:01 PM
STUART KRUEGER, Staff, Representative Shelley Hughes, Alaska
State Legislature, on behalf of the sponsor, stated that HB 91
hopes to address left-lane lingering on highways. This bill
would amend AS 28.35.140 to add a new sub-section to the portion
of statutes that prohibits vehicles from purposefully
obstructing or blocking traffic on any roadway. He said that
subsection (c) will require motorists to operate in the right-
hand lane, unless directed otherwise, when overtaking or passing
other vehicles traveling in the same direction or when preparing
for a left-hand turn into an alley, private driveway, or road.
He anticipated further exceptions will be considered at the next
hearing in a proposed committee substitute.
1:22:40 PM
CO-CHAIR HUGHES, speaking as prime sponsor of HB 91, said she
brought this bill forward since Alaska often has one roadway to
get from point "a" to point "b" and drivers often find
themselves stuck in slow moving, congested, and unsafe traffic
on multi-lane highways, or two or more lanes moving in the same
direction. She said that HB 91 aims to make Alaska's roadways
safer and more efficient by reserving the left lane for passing
only with a few exceptions. This bill would basically designate
a portion of the roadway - the left-hand lane - for a specific
purpose. She related her understanding that some people find
this as an infringement of their rights; however, she reminded
members that roads currently are designed for certain functions.
She highlighted that motorists currently don't drive on the
shoulder, perform "U turns" and exit the on ramp, or make right
hand turns from the left turn lane. These "designations" of the
pavement allow traffic to flow in an orderly way. She reviewed
exceptions, including using the left lane when passing,
preparing for a left turn, when otherwise directed, or when road
conditions make it unsafe to operate in the right lane. She
stated that a proposed committee substitute (CS) for HB 91 will
address some concerns that have been raised, but she will not
address it today since members have not had adequate time to
review the draft. She stated that using the right-hand lane is
not a new concept for Alaska's drivers, since friendly signs
currently direct slower traffic to keep right; however, the
current law allows drivers on a multi-lane road to travel at or
below the posted speed in the left lane. She said this causes
unnecessary or dangerous congestion.
1:25:27 PM
CO-CHAIR HUGHES stated that only three other states and Puerto
Rico have not updated their laws restricting left-lane use;
however, current restrictions on two-lane roads require vehicles
with five or more vehicles behind them to pull over [and let
traffic pass]. What happens on multi-lane roads, with two lanes
in the same direction, is that two vehicles can travel at the
same speed and block vehicles traveling behind them. Sometimes
these vehicles are traveling below the speed limit
CO-CHAIR HUGHES emphasized that this bill does not encourage
speeding nor does it change the laws related to speeding, but it
pertains to drivers who choose to operate in the left lane since
they contribute to a dangerous situation. Left-lane behavior
that blocks or obstructs traffic can cause road rage and
increase commute times - especially in her district with an hour
commute. Further, vehicles operating in the left lane can
impede emergency vehicles, she said. She explained that
commuters and transportation professionals pointed out these
issues and are seeking a solution. She said the bill imposes a
$100 fine, which is similar to the fine for impeding traffic on
a two-lane road by having five or more vehicles lined up behind
a motorist. The Department of Transportation & Public
Facilities (DOT&PF) has the responsibility to plan, design, and
build roads and make sure that the roads can be used efficiently
and safely. In closing, this bill will help even out traffic
flow and make roadways less dangerous by reducing uncertain or
unpredictable traffic flow that can create more dangerous
situations. For example, when slower moving vehicles move over
one lane to the right, it can create a safer road for faster
moving vehicles that otherwise must pass on the right.
1:29:28 PM
REPRESENTATIVE CLAMAN, referred to a letter in members' packets
from the Alaska Trucking Association, Inc. [dated February 24,
2015], which stated that anticipated enforcement actions would
be taken rarely and only in the most egregious situations.
Although he is a big proponent of good courteous driving, he
questioned how much the legislature can legislate courtesy. He
asked for further clarification on which roads this provision
would apply. He described several situations he experienced
where all traffic lanes are full. For example, he relayed that
he has driven on a freeway in the Los Angeles area when all five
lanes are full, from Sea-Tac [Seattle-Tacoma International
Airport] to downtown Seattle, and from Anchorage to Palmer
during rush hour. He wondered how this bill will affect traffic
flow especially in wall-to-wall traffic situations since
everyone will be required to travel in the right-hand lane. He
asked for further clarification on what would be considered a
rural area.
CO-CHAIR HUGHES answered that the proposed committee substitute,
which will not be discussed today, will address some of the
concerns in terms of road conditions. First, she reiterated
that the intent of the bill is for motorists to use the left-
hand lane for faster passing traffic so during times of
congested traffic, even though the left lane might be full, it
will continue to move faster. Thus left-lane motorists will
pass other traffic and drivers in the left lane that are not
moving faster should merge into the right-hand lane. Secondly,
she said she did not anticipate any increase in law enforcement
under the bill. The provisions of HB 91 are restricted to
multi-lane roadways so the bill will apply to multi-lane
roadways in [Anchorage]; however, she envisioned that exceptions
will cover the circumstances just raised. She acknowledged that
it isn't possible to legislate courtesy, but stated there is a
proper order for the best, safest, and most efficient traffic
flow. She anticipated that as new drivers become licensed, it
will affect behaviors and become more the norm. She hoped the
bill will improve traffic efficiency and road safety over time.
1:33:15 PM
REPRESENTATIVE CLAMAN asked whether this will apply to Minnesota
Drive, the Glenn Highway, and Tudor Road no matter if the
highways are in urban areas.
CO-CHAIR HUGHES agreed the bill will apply, but pointed out one
exception is for turning left so if someone were driving on
Tudor Road it would be okay for the person to be driving in the
left lane if the motorist is planning on a left turn.
1:34:02 PM
REPRESENTATIVE MILLETT asked about the enforceability of the
law. She related a scenario in which people are driving at the
speed limit of 55, parallel to one another. She asked whether
the motorist in the left lane must slow down or speed up to
avoid obstructing traffic.
CO-CHAIR HUGHES agreed that under HB 91, the motorist in the
left lane would need to move to the right lane since at some
point an approaching motorist may want to pass. She surmised
that two motorists traveling the same speed without other
vehicles on the roadway present probably would not warrant a
traffic stop; however, at some point a motorist could approach
and need to pass. She suggested the Department of Public Safety
could clarify potential enforcement.
1:36:08 PM
REPRESENTATIVE MILLETT said she has personally traveled in the
left hand lane in inclement conditions to avoid snow or water
from the vehicle in front from splashing on her windshield and
reducing visibility. She said she understands the frustration
that some people experience on Egan Expressway.
1:37:18 PM
CO-CHAIR FOSTER expressed an interest in the response in terms
of merging traffic traveling 55 miles per hour, but when a car
approaches quickly from the rear and the driver in the left lane
speeding up to pass the vehicle in the right lane would be
speeding. He asked whether the driver who was passing would get
ticketed.
1:37:58 PM
REPRESENTATIVE ORTIZ said he doesn't live in an area that has
these issues, but he wondered whether people typically travel
the speed limit or if the traffic flow is faster than the speed
limit.
CO-CHAIR HUGHES answered that motorists drive a range of speeds.
For example, the speed limit is 65 miles per hour (mph) [between
Anchorage and the Mat-Su valley], but traffic speed ranges from
65-72 miles per hour (mph), with occasional traffic traveling at
80 mph. She anticipated motorists traveling at 80 mph would be
ticketed.
1:38:50 PM
REPRESENTATIVE ORTIZ remarked that the sponsor's staff, Stuart
Krueger, captured the essence of the bill by phrasing it "left-
lane lingering."
CO-CHAIR HUGHES mentioned that Georgia has a "slow poke" law
with a fine of up to $1,000.
1:39:25 PM
RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment,
Division of Alaska State Troopers, Department of Public Safety
(DPS), referring to earlier questions, pointed out that
currently 13 AAC 02.050 states that on all roadways outside of
an urban district a vehicle proceeding at less than the
authorized speed must drive in the right lane. He offered this
type of offense, which is considered obstructing traffic, most
often occurs when tourists are looking at scenery or elderly
drivers are driving slower. It almost always results in a
warning, he said, and it is rare that anyone is cited. Although
the department is neutral on the bill, it would support
enforcement efforts in instances in which drivers are
intentionally driving in the left lane. In fact, in his
experience, he has encountered people who have said they believe
that everyone else can drive behind them. Thus he recognized
instances happen such that drivers are not courteous to other
drivers. He referred to 13 AAC 02.050 as the regulation used to
cite that type of behavior or else law enforcement will use AS
28.35, unlawful obstruction or blocking of traffic to cite
offenders.
1:42:17 PM
GARY BILLER, President, National Motorists Association (NMA),
stated that the NMA is an advocacy organization with 9,000
members across the United States. He stated that the NMA very
strongly supports this bill, which promotes motorists keeping
right on multi-lane roadways, which allows faster traffic to
proceed in the left lane. The NMA refers to this principle of
driving as "lane courtesy." In fact, if all drivers keep the
left lane clear for faster moving vehicles, it will result in
less congestion, he said. He pointed out that it only takes one
vehicle "camped" in the left lane to cause traffic to backup.
Further, he anticipated that under the bill there would be fewer
instances of tailgating or potential road rage, as well as
enhanced highway safety due to the smoother, more consistent
flow of traffic. He suggested that many drivers claim the left
lane because they are traveling at or just below the speed
limit. That driver behavior can add to the frustration of other
drivers if the natural flow of traffic is constricted. Further,
this constriction can not only adversely affect normal commuter
traffic, but that of emergency vehicles. His organization does
not view this bill as a civil liberties issue for individual
drivers, but as being more about safety and enhancing the
"quality of life on the road" for the greater public. He
anticipated that with passage of HB 91, more Alaska drivers will
realize the law requires them to allow faster traffic to pass in
the left lane, which will lead to improved lane courtesy.
1:43:49 PM
MR. BILLER suggested that the fatality rate on multi-lane
highways in the US is significantly higher than on the German
Autobahn - as much as 84 percent higher - based on 2010-2011
data. Two major differences between the German Autobahn and
other major highways is that the German Autobahn has few speed
limit restrictions and average travel speeds in excess of 80
mph. The other major reason for the German Autobahn's safety
record is the driving culture in Germany of keeping to the right
is strictly practiced. Many may view lane courtesy as primarily
an educational issue for the motoring public, but being able to
inform drivers who typically hang out in the left lane will
reinforce the message, he said. He encouraged members to
support passage of HB 91.
1:45:37 PM
MARK NEIDHOLD, Chief, Design & Construction Standards, Division
of Statewide Design & Engineering Services, Department of
Transportation & Public Facilities (DOT&PF), stated that the
DOT&PF recognizes that improving right hand travel and reducing
left lane blockage on multi-lane facilities has the potential
for operational improvement in terms of safety and
congestion/capacity. He reported that the national interstate
system has the lowest fatal injury and major injury crash rate
per vehicle mile for all types of roadways in the US, in part,
because the typical right lane travel is practiced. This allows
the [road] facility to function as intended, with slower traffic
on the right and faster traffic being allowed to move
unobstructed in the left lane. The safety issue arises, in
part, due to frustration and aggressive driving, but also due to
a mismatch or variation in speed. He recalled Representative
[Millett's] earlier comments about driving alongside other
vehicles during snow or rain conditions as being typical
behavior, but it can bind all the vehicles behind the two
vehicles at the same speed. He acknowledged this can lead to
aggressive driving, or road rage, and potentially to unsafe
passing or "wrong" side passing, which can result in grave
consequences.
1:48:19 PM
MR. NEIDHOLD said that Alaska has invested significant funding
to develop its multi-lane facilities. Since the Department of
Transportation & Public Facilities (DOT&PF) is responsible for
the road system, it developed the multi-lane roadways to address
safety as well as to address capacity and congestion. He stated
requiring drivers to move right when able, except due to left
turns, frees up the left lane, or left lanes, to improve traffic
flow. This is consistent with the monies the department invests
in the public roadway system and also consistent with the
national standard established in the uniform vehicle code.
Although most states use the UVC as the model, the code does
help to create uniformity of expectation nationwide, which can
improve safety.
1:50:14 PM
CO-CHAIR HUGHES asked if the traffic flow is moving along better
whether it will allow for more cars to travel on a roadway.
MR. NEIDHOLD answered yes; except in gridlock circumstances,
[inappropriate] left lane behavior will keep all other vehicles
from "free flow" conditions, which allow for higher capacity
than blocked or obstructed travel.
1:51:38 PM
REPRESENTATIVE CLAMAN asked how frequently law enforcement
encounters people driving below the speed limit in the left lane
and going too slowly.
LIEUTENANT DIAL answered that it is very rare. For example,
absent gridlock, drivers can usually get around someone driving
in the left lane by passing in the right lane. In instances in
which the [Alaska State Trooper] believes someone is
intentionally blocking traffic, the trooper will make a traffic
stop and can cite the driver. Sometimes the driver will tell
the trooper he/she was driving the speed limit. While that may
be so, driving speeds typically vary on curves or hills when the
driver slows down, which can create gridlock. He acknowledged
that the division makes some stops for motorists obstructing
traffic.
1:53:40 PM
REPRESENTATIVE CLAMAN asked for clarification on whether the
stops were rare.
LIEUTENANT DIAL answered that the traffic stops and citations
occur more often on a two-lane road with traffic backed up by
five or more vehicles, but it is a fairly rare occurrence on the
Seward Highway or the Glenn Highway. In response to a question,
he agreed that the statutes prohibit traffic backing up by five
or more vehicles on a two-lane roadway.
1:54:22 PM
CO-CHAIR FOSTER opened public testimony on HB 91.
1:54:42 PM
EVERRET HAMILTON stated that he lives in the Mat-Su valley and
often drives to Anchorage. He agreed that signs encourage
drivers to keep right, but "slower" is a relative term. He has
often experienced the situation in which two cars driving
parallel to one another impede traffic, but he has not
personally experienced obstructed traffic when the roadway is
posted "left lane passing only." He offered his belief that
changing the sign from "slower traffic keep right" to "left lane
passing only" could help since there is less room for
interpretation. He has often heard complaints from other people
who were stuck behind drivers occupying both lanes at the same
speed or below the posted speed limit. He said that the state
is obligated to ensure the citizens safe and one way to do so
would be to clear up some of the "muddy" wording.
1:56:57 PM
EMIL ROBERT MACKEY, PhD; Member, Juneau Airport Board, stated
that when he first started his public policy program he was a
transportation science major. He recalled using technology that
allowed him to review videos that showed cars passing on the
highway. It was possible to see the echo of one car slowing
down for six to eight hours throughout the day. He further
recalled that most of the studies he reviewed were done in
California; however, he has observed the same echo in Juneau
between 7 a.m. to 8:30 a.m. in the morning or in Anchorage, he
said.
1:58:14 PM
DR. MACKEY stated that substantial literature exists to show how
[limiting left lane traffic] increases safety and traffic flow.
He related several scenarios that illustrated how impeding flow
in the left-lane of traffic at Juneau [International] Airport
has blocked emergency vehicle access to the airport. Similarly,
he thought that impeding traffic flow on roadways has developed
a culture where it is perceived as okay. Further, he recalled
the legislature passed a law requiring motorists to use lights,
and although this infringes on personal rights, it also
marginally improves safety in the roadway. He said it might be
necessary for some motorists to slow down to allow motorists to
merge onto the highway; however, he suggested it is not hard to
do so.
2:00:53 PM
DR. MACKEY said he earned his doctorate on choice theory and
bureaucratic decision-making. He recalled that highway funding
was tied to 55 miles per hour (mph) speed limits, but traffic
studies showed that that safety improved even though people did
not drive 55 mph. He said everyone benefited from the speed
limit being imposed. He did not think the [bill] makes it
easier for speeders to speed, but it will create a safer
environment for the public to have the safest and most efficient
services available.
2:02:39 PM
THOMAS BRAUND said he drives from Sutton to Elmendorf Air Force
Base every day. He provided his background, including that he
served as a U.S. Marine MP for two years, a college police
officer for six months, drove a school bus for four years,
worked as a firefighter and fire apparatus engineer for 12
years, and has 14 years of experience as an emergency ambulance
driver and emergency medical responder for 14 years. He also
served as a San Diego police officer for approximately 9 years.
MR. BRAUND said he would like to address driving, safety, and
freedom. He asked to read his testimony, as follows:
I've been well trained in driving these many forms of
vehicles, attended multiple safe driving courses and
have driven over a million safe miles in 47 states
over 51 years being licensed for CDL in Alaska,
Arizona, California, Maryland, New Jersey, and Texas.
Part of my duties as a police officer was to obtain a
forced voluntary compliance by enforcing traffic laws
through citations to those who chose to disregard the
rules and cause less safe conditions. We were taught
that we were to affirm the duties as traffic officer
with the intent to facilitate safe and orderly
movement of traffic. I have likewise investigated
hundreds of traffic collisions and most could have
been prevented by the driver causing the crash and
some others could have been prevented by the drivers
causing conditions that others did not recognize in
time.
2:04:59 PM
MR. BRAUND continued to read his testimony, as follows:
Though some states have some strangely ludicrous laws,
all states' traffic laws are internationally
recognized as reasonable in that they are designed to
enhance the safe and orderly movement of traffic on
and off the roads. That traffic includes any vehicle
- with or without a motor, including animals. There
are rules as well for aircraft, railroads, and
watercraft. In every state it is recognized by most
people that driving is supposed to be done in the
right lane unless passing whether a law exists for
that or not. It is likewise recognized that some
people drive in the left lane continuously for reasons
known only to themselves. As a police officer I would
stop some of these people because they were holding up
traffic. They weren't moving over to the right. And
quite often I got the statement, "Well, this is my
lane." In Alaska, we have signs in certain places
like [Everett] from the valley addressed, and I agree
with him totally. The absence of enforcement for that
and other rules enables certain drivers to become
traffic engineers and road cops in that they decide to
regulate traffic according their own rules. And this
is not an easy one to enforce a lot of the time. We
are issued driver's licenses when we pass tests to
demonstrate our minimum level of knowledge about
traffic rules and that we are able to safely operate a
motor vehicle. Therefore this license gives us
permission to drive on the roads. This permission can
be limited, suspended or revoked and is subject to
restrictions. It is not a right to drive on public
roads as some people think.
As far as safety, when a person drives in the left
lane continuously - the left lane lingerers - he is
violating the natural law and the rights of others to
move about freely in traffic. Many left lane drivers
say they're preventing others from speeding, often by
driving even less than not only the normal speed of
traffic, but less than the posted speed limit. In
doing so, they are restricting traffic flow. When a
driver so restricted finds a way to pass the "road
cop" the "road cop" often speeds up to prevent such
passing sometimes at very high speeds. Often these
left-lane drivers are punishing other drivers for
perceived violations of rules they impose.
2:07:14 PM
MR. BRAUND continued to read his testimony, as follows:
Most people drive according to a schedule in order to
reach a destination by a certain time, especially a
commuter time ... during "rush hour." When they feel
as if they may be late due to such restrictions some
speed and some perform unsafe maneuvers to circumvent
"road cops." These actions can lead to collisions,
especially if road conditions are less favorable.
Most drivers on the road, from my experience, want to
drive the speed limit, not five miles under, not two
miles under. Often slower drivers in the left lane
accumulate drivers behind them who tailgate. Some are
trying to motivate the slower driver to move to the
right in order to relieve the congestion. Some are
simply venting anger at the selfish driver before
them. The problem is that these drivers are holding
up traffic when the traffic could move more freely.
When congested traffic slows it often begins a traffic
accordion. Similar to a whiplash, the accordion can
produce dangerous conditions when more sudden slowing
occurs. When they increase speed drivers to the rear
often blindly follow only to be slowed down again,
sometimes with rear end collisions or running off the
road to avoid one. By causing or at least encouraging
tailgating, these "left lane lingerers" are
intentionally endangering others. Tailgating is the
number one cause of collisions nationwide - as I've
been taught - yet many police officers don't cite for
it, partly because it's difficult to do and partly
because some judges, in my experience, will find any
way they can to find them not guilty. And some police
officers get frustrated at that so they'll find easier
things to do like "speeders."
2:09:02 PM
MR. BRAUND continued to read his testimony, as follows:
Speeding in and of itself causes collisions much less
often than tailgating. This unnecessary traffic
congestion also causes other drivers to perform unsafe
movements including threading the needle. I have high
praise for the officers who drive safely by example.
It does cause other drivers to follow their example.
As to freedom, some say traffic laws restrict their
freedom. Exactly the opposite is occurring in that
what they do reduces the freedom of other drivers on
the road to safely pass or change lanes. Selfish
drivers also prevent passing by speeding to cut off
anyone attempting to pass, essentially amounting to a
form of unlawful imprisonment. When corrected, such
drivers sometimes become angry and belligerent, even
resentful and bitter, and some go into road rage after
being thwarted.
Essentially, good driving amounts to taking
responsibility for the safety of everyone on the road
and to practice driving in a way to promote the
orderly movement of traffic. I believe this bill
should pass. I believe it's a very good bill. I
believe it should have another subsection, subsection
[say] (e) could make it unlawful for any driver to do
anything that prevents any other driver from safely
passing with a fine from between $500-$1,000 - which
isn't my decision, but I like it - with the penalty
for subsequent violations being multiples of the
original. Now as far as what has been said so far, I
totally agree with what Lieutenant Dial, Gary Biller,
Mark Neidhold, [Everett] from the valley, and Emil
Mackey. They really have nailed it well.
As far as everyone driving at same speed limit: I
think that causes other problems in that people get
complacent or start to fall asleep - I forget what
it's called, but you get hypnotized - road hypnosis.
I think it's better for traffic to stir a little bit.
This bill, as I see it, is addressing the general
movements of traffic, not the special conditions of
congested commuter traffic at rush hour. Wall to wall
traffic is really a different [consideration] and law
enforcement takes that into condition when things are
going on and when they are in the traffic. This
addresses it when there's an opportunity for someone
to pass and someone else is preventing it.
2:12:25 PM
LINDSEY SILKO stated that she is a daily commuter in the
Anchorage area. She spoke in support of HB 91 for two reasons.
First, she said she has seen it work when she and her husband
were stationed in Germany and she was a frequent driver on the
German Autobahn. During that time, she did not observe a single
accident; however, she cannot say the same for her time in
Alaska. She further supports the bill because anything that
increases the safety on the road is important to her since she
is also an avid motorcycle rider. She has often observed people
switching lanes and weaving around, which causes a safety hazard
for those who are on bikes since motorcycles are harder to see.
She predicted that if this bill passes to require people to
remain in the right hand lane, it will be much healthier for
herself and her fellow motorcycle riders.
2:13:50 PM
JOANNE BLACKBURN said she is speaking on behalf of herself,
although she is also affiliated with the Portage Valley
Community Council. She has found that the designated turning
lanes are helpful. She suggested these should be developed with
input from the community councils since it is important not to
ignore unpopular constituents. She noted these constituents are
also taxpayers and have a need for access. She pointed out
communities do not always have similar viewpoints so Girdwood
might not be able to state what a neighborhood a little further
on the highway might prefer. These neighborhoods may have needs
that are different from communities with services.
2:15:48 PM
MS. BLACKBURN said that enforcement could help. Sometimes
people fish near Girdwood and put signs on the roadway that say
"slow down." She disagreed that people should be able to put up
signs on a federally-funded highway. The road was designed for
truckers and national commerce as well as for thousands of
visitors and local property owners. She thought increased
enforcement would help curb speeding by drivers who ignore
posted speed limits. She expressed concern that roads are
designed that don't allow access to private property within the
Municipality of Anchorage.
2:17:02 PM
PAM GOODE stated that she opposes HB 91. She said she does not
like to compare Alaska to other states, let alone other
countries, since she would like to think Alaska is far better.
She said she was taught courtesy as rules of the road in her
driver's education class almost 40 years ago. In her years of
driving, she has observed that people typically try to be
courteous drivers. She also said she considers herself to be a
courteous driver, in part, because she did a lot of cross
country driving in her 20s in the Lower 48 - at a time when
people had CB [citizen band] radios. She liked to drive at
night. She often encountered truckers and noticed how courteous
these truck drivers were, by choice. She suggested that this
bill would put more stress on individuals, whereas teaching by
example is a more effective way to teach courtesy. Further, she
offered that it's important to do things because they are the
right things to do, which can spill over into other courtesies.
MS. GOODE objected to the concept of teaching people to follow
excessive rules and regulations. Instead, people need to be
encouraged how to think and this bill doesn't do that. She said
she finds [HB 91] to be offensive and she opposes this bill.
She asked why an organization with 9,000 members wasn't airing
public information ads instead of running to the government to
help them with their personal inconveniences. She concluded by
stating that she opposes HB 91.
2:20:20 PM
CO-CHAIR FOSTER, after first determining no one wished to
testify, closed public testimony on HB 91.
[HB 91 was held over.]
2:21:12 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 2:21
p.m.