AB 1492 Assembly Bill

BILL NUMBER: AB 1492	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2007
	AMENDED IN ASSEMBLY  APRIL 18, 2007

INTRODUCED BY   Assembly Member Laird
   (Coauthor: Assembly Member Beall)

                        FEBRUARY 23, 2007

   An act to add Section  21810   24617  to
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1492, as amended, Laird. Vehicles: transit buses: right-of-way.

   (1) Existing 
    Existing  law requires a driver to yield the
right-of-way to an approaching authorized emergency vehicle that is
sounding a siren and has at least one lighted lamp exhibiting a red
light.
   This bill would, in the Santa Cruz Metropolitan Transit District
and the Santa Clara  County Transit District  
Valley Transportation Authority  , if the applicable district
approves a resolution  and transmits that resolution to the
Commissioner of the California Highway Patrol, require the driver of
a vehicle overtaking   , authorize  a transit bus
to  yield the right-of-way to the bus if certain conditions
are present   be equipped with a specified yield
right-of-way sign on the left rear of the bus  . The bill would
require a  participat   ing  transit agency
 participating in the program  to undertake a public
education program to  inform   encourage 
motorists  of the yield right-of-way requirements, and
provide that a base fine for violating those requirements is $35.
Because a failure to yield would be an infraction, the bill would
impose a state-mandated local program   to yield to a
transit bus when the sign is activated  . 
   (2) 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 21810 is added to the
Vehicle Code, to read:
   21810.  (a) The driver of a vehicle overtaking a transit bus shall
yield the right-of-way to the bus if all of the following conditions
are present:
   (1) The transit bus has entirely exited an active traffic lane to
board or deboard passengers at a designated bus stop, and is
attempting to reenter the lane from which it exited.
   (2) Directional signals on the transit bus are flashing to
indicate that the bus is preparing to merge with traffic.
   (3) The transit bus is  
  SECTION 1.    Section 24617 is added to the Vehicle Code,
to read: 
    24617.   (a)     A transit bus may
be authorized to be  equipped with a yield right-of-way sign on
the left rear of the bus.  The yield right-of-way sign may flash
simultaneously with the rear turn signal lamps, but is not required
to do so.  The sign shall be both of the following: 
   (A) 
    (1)  Designed to warn a person operating a motor vehicle
approaching the rear of the bus that  the person is required
to yield the right-of-way to the bus when  the bus is
entering traffic. 
   (B) 
    (2)  Illuminated by a  red  flashing light when
the bus is signaling in preparation for entering a traffic lane
after having stopped to receive or discharge passengers.
   (b) Nothing in this section requires a transit agency to install
the yield right-of-way sign described in  paragraph (3) of
 subdivision (a).
   (c) This section does not relieve the driver of a transit bus from
the duty to drive the bus with due regard for the safety of all
persons and property.  Nothing in this section relieves the
transit agency from complying with the standard of care for its
passengers established by Section 2100 of the Civil Code. 
 This section does not exempt the driver of a transit bus from
the requirements of Section 21804. 
   (d) This section applies only to the Santa Cruz Metropolitan
Transit District and the Santa Clara  County Transit District
  Valley Transportation Authority  , if the
governing board of the applicable district approves a resolution,
after a public hearing on the issue, requesting that this section be
made applicable to it  , and transmits a copy of the
resolution to the commissioner.  
   (e) Each transit agency participating in the program shall
undertake a public education program to inform motorists of the
requirements imposed by this section.  
   (f) The base fine for a violation of subdivision (a) is
thirty-five dollars ($35).  
   (e) Each participating transit agency shall undertake a public
education program to encourage motorists to yield to a transit bus
when the sign specified in subdivision (a) is activiated. 
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of unique circumstances of community familiarity with the
program in Section 1, applicable only to the Santa Cruz Metropolitan
Transit District and the Santa Clara County Transit District.

  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.