Bill Text: CA AB61 | 2011-2012 | Regular Session | Chaptered
Bill Title: Neighborhood electric vehicles.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-08-04 - Chaptered by Secretary of State - Chapter 170, Statutes of 2011. [AB61 Detail]
Download: California-2011-AB61-Chaptered.html
BILL NUMBER: AB 61 CHAPTERED
BILL TEXT
CHAPTER 170
FILED WITH SECRETARY OF STATE AUGUST 4, 2011
APPROVED BY GOVERNOR AUGUST 4, 2011
PASSED THE SENATE JULY 11, 2011
PASSED THE ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 8, 2011
INTRODUCED BY Assembly Member Jeffries
(Coauthor: Senator Emmerson)
DECEMBER 7, 2010
An act to add and repeal Chapter 6.2 (commencing with Section
1962) of Division 2.5 of the Streets and Highways Code, and to amend
Sections 21251 and 21260 of the Vehicle Code, relating to
neighborhood electric vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 61, Jeffries. Neighborhood electric vehicles.
Existing law defines "low-speed vehicle" for purposes of the
Vehicle Code as a motor vehicle, other than a motor truck, with 4
wheels that is capable of a minimum speed of 20 miles per hour and a
maximum speed of 25 miles per hour on a paved level surface and that
has a gross vehicle weight rating of less than 3,000 pounds. Existing
law imposes certain restrictions on the use of low-speed vehicles on
public streets and highways, and generally requires an operator of a
low-speed vehicle to have a driver's license. A low-speed vehicle is
also known as a neighborhood electric vehicle (NEV). A violation of
the Vehicle Code is an infraction, unless otherwise specified.
Existing law authorizes certain local agencies to establish a NEV
transportation plan subject to certain requirements. A person
operating a NEV in a plan area in violation of certain provisions is
guilty of an infraction punishable by a fine not exceeding $100.
This bill would authorize the County of Riverside or any city in
the county to establish a similar NEV transportation plan for a plan
area that may include any applicable portion of the county or city,
as specified, subject to the same penalties. The bill would require
the plan to be submitted to the department for review and approval.
The bill would require a report to the Legislature by January 1,
2016, if the county adopts a plan. The bill would repeal these
provisions on January 1, 2017. Because the bill would create a new
crime, it would impose a state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6.2 (commencing with Section 1962) is added to
Division 2.5 of the Streets and Highways Code, to read:
CHAPTER 6.2. NEIGHBORHOOD ELECTRIC VEHICLE TRANSPORTATION PLAN
FOR THE COUNTY OF RIVERSIDE
1962. It is the intent of the Legislature, in enacting this
chapter, to authorize the County of Riverside or any city in the
county to establish a neighborhood electric vehicle (NEV)
transportation plan. The purpose of this NEV transportation plan is
to further the vision of creating a sustainable development that
reduces gasoline demand and vehicle emissions by offering a cleaner,
more economical means of local transportation within the plan area.
It is the further intent of the Legislature that this NEV
transportation plan be designed and developed to best serve the
functional travel needs of the plan area, to have the physical safety
of the NEV driver's person and property as a major planning
component, and to have the capacity to accommodate NEV drivers of
every legal age and range of skills.
1962.1. The following definitions apply to this chapter:
(a) "Plan area" means any portion of the County of Riverside, or
any portion of any city in the county, and any streets and roads
under the jurisdiction of the county or city, to the extent the
county or city has adopted a NEV transportation plan pursuant to
Section 1962.2, including the privately owned land of any owner that
consents to its inclusion in the plan.
(b) "Neighborhood electric vehicle" or "NEV" means a low-speed
vehicle as defined by Section 385.5 of the Vehicle Code.
(c) "NEV lanes" means all publicly or privately owned facilities
that provide for NEV travel, including roadways designated by signs
or permanent markings that are shared with pedestrians, bicyclists,
and other motorists in the plan area.
1962.2. (a) The County of Riverside or any city in the county
may, by ordinance or resolution, adopt a NEV transportation plan for
the plan area within its jurisdiction. Two or more jurisdictions may
jointly adopt a NEV transportation plan for all or a portion of the
territory under their respective jurisdictions.
(b) The transportation plan shall have received a prior review and
the comments of the Riverside County Transportation Commission and
any agency having traffic law enforcement responsibilities in an
entity included in the plan area.
(c) The transportation plan may include the use of a state
highway, or any crossing of the highway, subject to the approval of
the Department of Transportation.
1962.3. The transportation plan shall include, but need not be
limited to, all of the following elements:
(a) Route selection, which includes a finding that the route will
accommodate NEVs without an adverse impact upon traffic safety and
will consider, among other things, the travel needs of commuters and
other users.
(b) Transportation interfacing, which shall include, but not be
limited to, coordination with other modes of transportation so that a
NEV driver may employ multiple modes of transportation in reaching a
destination in the plan area.
(c) Provision for NEV-related facilities, including, but not
limited to, special access points, special NEV turnouts, and NEV
crossings.
(d) Provisions for parking facilities at destination locations,
including, but not limited to, community commercial centers, golf
courses, public areas, and parks.
(e) Provisions for special paving, road markings, signage, and
striping for NEV travel lanes, road crossings, parking, and
circulation, as appropriate.
(f) Provisions for NEV electrical charging stations.
(g) NEV lanes for the purposes of the transportation plan shall be
classified as follows:
(1) Class I NEV routes provide for a completely separate
right-of-way for the use of NEVs.
(2) Class II NEV routes provide for a separate striped lane
adjacent to roadways with speed limits of 55 miles per hour or less.
(3) Class III NEV routes provide for shared use by NEVs with
conventional vehicle traffic on streets with speed limits of 35 miles
per hour or less.
1962.4. If the County of Riverside or any city in the county
adopts a NEV transportation plan for the plan area pursuant to
Section 1962.2, it shall do all of the following:
(a) Establish minimum general design criteria for the development,
planning, and construction of separated NEV lanes, including, but
not limited to, the design speed of the facility, the space
requirements of the NEV, and roadway design criteria, if the plea
envisions separated NEV lanes.
(b) In cooperation with the department, establish uniform
specifications and symbols for signs, markers, and traffic control
devices to control NEV traffic; to warn of dangerous conditions,
obstacles, or hazards; to designate the right-of-way as between NEVs,
other vehicles, and bicycles, as may be applicable; to state the
nature and destination of the NEV lane; and to warn pedestrians,
bicyclists, and motorists of the presence of NEV traffic.
(c) Submit the transportation plan to the director for approval
following a review and recommendation by the California Traffic
Control Devices Committee.
1962.5. If the County of Riverside or any city in the county
adopts a NEV transportation plan for the plan area pursuant to this
chapter, it shall also adopt all of the following as part of the
plan:
(a) NEVs eligible to use NEV lanes shall meet the safety
requirements for low-speed vehicles as set forth in Section 571.500
of Title 49 of the Code of Federal Regulations.
(b) Minimum safety criteria for NEV operators, including, but not
limited to, requirements relating to NEV maintenance and NEV safety.
Operators shall be required to possess a valid California driver's
license and to comply with the financial responsibility requirements
established pursuant to Chapter 1 (commencing with Section 16000) of
Division 7 of the Vehicle Code.
(c) (1) Restrictions limiting the operation of NEVs to NEV routes
identified in the transportation plan, and allowing only those NEVs
that meet the safety equipment requirements specified in the plan to
be operated on those routes.
(2) Any person operating a NEV in the plan area in violation of
this subdivision is guilty of an infraction punishable by a fine not
exceeding one hundred dollars ($100).
1962.7. (a) If the County of Riverside or any city in the county
adopts a NEV transportation plan for the plan area pursuant to this
chapter, the county or city shall submit a report to the Legislature
on or before January 1, 2016, in consultation with the Department of
Transportation, the Department of the California Highway Patrol, and
any applicable local law enforcement agency.
(b) The report shall include all of the following:
(1) A description of the NEV transportation plan and its elements
that have been authorized up to that time.
(2) An evaluation of the effectiveness of the NEV transportation
plan, including its impact on traffic flows and safety.
(3) A recommendation as to whether this chapter should be
terminated, continued in effect, or expanded statewide.
1962.8. This chapter shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 21251 of the Vehicle Code is amended to read:
21251. Except as provided in Chapter 6.2 (commencing with Section
1962), Chapter 7 (commencing with Section 1963), Chapter 7.1
(commencing with Section 1964), Chapter 8 (commencing with Section
1965), and Chapter 8.1 (commencing with Section 1966) of Division 2.5
of the Streets and Highways Code, and Sections 4023, 21115, and
21115.1, a low-speed vehicle is subject to all the provisions
applicable to a motor vehicle, and the driver of a low-speed vehicle
is subject to all the provisions applicable to the driver of a motor
vehicle or other vehicle, when applicable, by this code or another
code, with the exception of those provisions that, by their very
nature, can have no application.
SEC. 3. Section 21260 of the Vehicle Code is amended to read:
21260. (a) Except as provided in paragraph (1) of subdivision
(b), or in an area where a neighborhood electric vehicle
transportation plan has been adopted pursuant to Chapter 6.2
(commencing with Section 1962), Chapter 7 (commencing with Section
1963), Chapter 7.1 (commencing with Section 1964), Chapter 8
(commencing with Section 1965), or Chapter 8.1 (commencing with
Section 1966) of Division 2.5 of the Streets and Highways Code, the
operator of a low-speed vehicle shall not operate the vehicle on any
roadway with a speed limit in excess of 35 miles per hour.
(b) (1) The operator of a low-speed vehicle may cross a roadway
with a speed limit in excess of 35 miles per hour if the crossing
begins and ends on a roadway with a speed limit of 35 miles per hour
or less and occurs at an intersection of approximately 90 degrees.
(2) Notwithstanding paragraph (1), the operator of a low-speed
vehicle shall not traverse an uncontrolled intersection with any
state highway unless that intersection has been approved and
authorized by the agency having primary traffic enforcement
responsibilities for that crossing by a low-speed vehicle.
SEC. 4. 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.
