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.