Bill Text: CA AB2575 | 2015-2016 | Regular Session | Amended
Bill Title: Prima facie speed limits: rural roads.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2575 Detail]
Download: California-2015-AB2575-Amended.html
BILL NUMBER: AB 2575 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Baker
FEBRUARY 19, 2016
An act to amend Section 21350 Sections
22352 and 40802 of the Vehicle Code, relating to
vehicles. speed limits.
LEGISLATIVE COUNSEL'S DIGEST
AB 2575, as amended, Baker. Traffic control devices.
Prima facie speed limits: rural roads.
Existing law establishes prima facie speed limits, including 15
miles per hour and 25 miles per hour, for various circumstances
relating to traversing a railway grade crossing, approaching or
passing a school building, and passing a senior center, among others.
A violation of the Vehicle Code is a crime.
This bill would establish a prima facie speed limit of 40 miles
per hour when driving on a road designated by a local governing body
as a rural road, other than a state highway, as specified. Because
the bill would create a new crime, it would impose a state-mandated
local program.
Existing law prohibits a peace officer or other person from using
a speed trap in arresting, or participating in the arrest of, any
person for any alleged violation of the Vehicle Code. Existing law
prohibits the use of a speed trap in securing evidence as to the
speed of any vehicle for the purpose of an arrest or prosecution
under the Vehicle Code.
Existing law defines a speed trap as, among other things, a
particular section of a highway with a prima facie speed limit that
is provided by the Vehicle Code or by local ordinance if that prima
facie speed limit is not justified by an engineering and traffic
survey, as specified, and enforcement of the speed limit involves the
use of radar or any other electronic device that measures the speed
of moving objects. Existing law exempts local streets, roads, or
school zones from the application of these provisions.
This bill would make the definition of speed trap inapplicable to
a rural road, as described above.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law requires the Department of Transportation to place
and maintain appropriate signs, signals, and other traffic control
devices along highways under its jurisdiction. Existing law
authorizes the department, with the consent of local authorities, to
place and maintain appropriate signs, signals, and other traffic
control devices along city streets and county roads as may be
necessary or desirable to control or direct traffic, or to facilitate
traffic flow, to or from state highways.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22352 of the Vehicle
Code is amended to read:
22352. The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:
(a) Fifteen miles per hour:
(1) When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have a
clear and unobstructed view of the crossing and of any traffic on the
railway for a distance of 400 feet in both directions along the
railway. This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly visible
electrical or mechanical railway crossing signal device is installed
but does not then indicate the immediate approach of a railway train
or car.
(2) When traversing any intersection of highways if during the
last 100 feet of the driver's approach to the intersection the driver
does not have a clear and unobstructed view of the intersection and
of any traffic upon all of the highways entering the intersection for
a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.
(3) On any alley.
(b) Twenty-five miles per hour:
(1) On any highway other than a state highway, in any business or
residence district unless a different speed is determined by local
authority under procedures set forth in this code.
(2) When approaching or passing a school building or the grounds
thereof, contiguous to a highway and posted with a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. The
prima facie limit shall also apply when approaching or passing any
school grounds which are not separated from the highway by a fence,
gate, or other physical barrier while the grounds are in use by
children and the highway is posted with a standard "SCHOOL" warning
sign. For purposes of this subparagraph, standard "SCHOOL" warning
signs may be placed at any distance up to 500 feet away from school
grounds.
(3) When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard "SENIOR" warning sign. A local authority
may erect a sign pursuant to this paragraph when the local agency
makes a determination that the proposed signing should be
implemented. A local authority may request grant funding from the
Active Transportation Program pursuant to Chapter 8 (commencing with
Section 2380) of Division 3 of the Streets and Highways Code, or any
other grant funding available to it, and use that grant funding to
pay for the erection of those signs, or may utilize any other funds
available to it to pay for the erection of those signs, including,
but not limited to, donations from private sources.
(c) Forty miles per hour on a road designated by a local governing
body as a rural road, other than a state highway, with a roadway
width of 18 feet or less or traffic volumes of more than 3,000
vehicles per day, and posted with a speed restriction sign displaying
the prima facie limit.
SEC. 2. Section 40802 of the Vehicle
Code is amended to read:
40802. (a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed
limit that is provided established by
this code or by local ordinance under subparagraph (A) of paragraph
(2) of subdivision (a) of Section 22352, or established under Section
22354, 22357, 22358, or 22358.3, if that prima facie speed limit is
not justified by an engineering and traffic survey conducted within
five years prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects. This
paragraph does not apply to a local street, road, or school
zone. zone, or a rural road pursuant to
subdivision (c) of Section 22352.
(b) (1) For purposes of this section, a local street or road is
one that is functionally classified as "local" on the "California
Road System Maps," that are approved by the Federal Highway
Administration and maintained by the Department of Transportation.
When a street or road does not appear on the "California Road System
Maps," it may be defined as a "local street or road" if it primarily
provides access to abutting residential property and meets the
following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section, "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. "School
zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
(c) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
(2) A "speed trap" is either of the following:
(A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10
years.
(ii) This subparagraph does not apply to a local street, road, or
school zone. zone, or a rural road
pursuant to subdivision (c) of Section 22352.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 21350 of the Vehicle Code is
amended to read:
21350. The Department of Transportation shall place and maintain,
or cause to be placed and maintained, with respect to highways under
its jurisdiction, appropriate signs, signals, and other traffic
control devices as required hereunder, and may place and maintain, or
cause to be placed and maintained, appropriate signs, signals, or
other traffic control devices as may be authorized hereunder, or as
may be necessary properly to indicate and to carry out the provisions
of this code, or to warn or guide traffic upon the highways. The
Department of Transportation, with the consent of the local
authorities, may also place and maintain, or cause to be placed and
maintained, in or along city streets and county roads, appropriate
signs, signals, and other traffic control devices, or may perform, or
cause to be performed, any other work on city streets and county
roads, as may be necessary or desirable to control or direct traffic,
or to facilitate traffic flow, to, from, or on state highways.
