AB 746

This bill increases the penalties for certain traffic violations that are committed

where an authorized emergency vehicle or tow truck giving a visible signal is present

and law enforcement officers, fire fighters, or emergency medical personnel or tow

truck operators are at risk from traffic (emergency or roadside response area).

Under current law, the amount of any applicable minimum and maximum fine

or forfeiture is doubled for specified traffic violations committed where persons

working in a highway maintenance or construction area or utility area are at risk

from traffic. These traffic violations include failing to follow certain traffic signs and

signals, failing to follow certain orders of traffic officers, exceeding certain maximum

speed limits, and driving recklessly. Under the bill, the minimum and maximum fine

or forfeiture for these covered violations is also doubled when committed in an

emergency or roadside response area. Also under the bill, if an operator commits one

of the covered violations in a highway maintenance or construction area, utility work

area, or emergency or roadside response area and the violation results in an injury

to another, the operator may be fined not more than $10,000 or imprisoned not more

than nine months, or both.

Current law prohibits inattentive driving of a motor vehicle in general and in

several specific manners. Among the specific prohibitions is a prohibition of using

a wireless telephone while driving a motor vehicle in a construction zone. A person

who violates this particular prohibition may be required to forfeit not less than $20

nor more than $40 for the first offense and not less than $50 nor more than $100 for

the second or subsequent conviction within a year.

The bill specifically prohibits using a wireless telephone while driving a motor

vehicle in an emergency or roadside response area. The penalty for a violation of this

prohibition is the same as is provided for the offense described above.

Also under current law, local authorities may post temporary reduced speed

limits on highways under construction or repair. The bill allows law enforcement

officers, fire fighters, or emergency medical responders to post temporary reduced

speed limits in response to an emergency.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.