BILL NUMBER: SB 848 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2007
INTRODUCED BY Senator Corbett
FEBRUARY 23, 2007
An act to amend Section 627 of, to add Sections 22358.6 and
22358.7 to, and to repeal and add Section 40802 of, the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 848, as amended, Corbett. Vehicles: engineering and
traffic survey: speed trap.
Existing
(1) Existing law defines the term "engineering and traffic survey,"
for purposes of the Vehicle Code, as meaning a survey of highway and
traffic conditions in accordance with methods determined by the
Department of Transportation for use by state and local authorities.
This bill would require that those methods consist of the methods
specified in the department's Manual for Uniform Traffic Control
Devices, California Supplement, as revised from time to time. The
bill would also require that the posted speed limit be rounded down
to the nearest 5 miles per hour increment of the 85th percentile
speed.
The bill would require an engineering and traffic survey to be
conducted in consultation with the law enforcement agency that has
primary traffic jurisdiction over the highway that is surveyed.
The bill would also require the Department of Transportation or a
city or county to conduct an engineering and traffic survey when
there is a significant modification to a highway, including, but not
limited to, a change in width, curvature, grade, intersection, or
surface condition in that highway.
Because this bill would increase the level of services imposed on
a city or county, this bill would impose a state-mandated local
program.
(2) Existing law authorizes a city or county to increase or
decrease an existing speed limit on a particular portion of a highway
in accordance with specific statutory authority.
This bill would require a local city or county prior to increasing
or decreasing a speed limit based upon an engineering and traffic
survey to consult with, and take into account the traffic safety
considerations of, the local law enforcement agency that has primary
traffic responsibility for that particular portion of the highway.
(3) Existing law prohibits a
peace officer or other person from using a speed trap in arresting a
person for violating the Vehicle Code. Existing law defines the term
"speed trap" for that and related purposes to include, in the
alternative, either of the following: (A) a particular section of
highway 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; or (B) a particular section of a highway
with a prima facie speed limit as provided by the Vehicle Code or by
local ordinance, if that prima facie speed limit is not justified by
an engineering and traffic survey conducted within 5 or 7, years, as
specified prior to the date of an 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 bill would express the intent of the Legislature to
enact appropriate legislation to revise the statutory
delete (B) as an alternative definition of the term "speed
trap."
(4) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory 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 627 of the Vehicle
Code is amended to read:
627. (a) "Engineering and traffic survey," as used in this code,
means a survey of highway and traffic conditions in accordance with
methods determined by the Department of Transportation , as
specified in the department's Manual for Uniform Traffic Control
Devices, California Supplement, as revised from time to time,
for use by state and local authorities.
(b) An engineering and traffic survey shall include, among other
requirements deemed necessary by the department
Department of Transportation , consideration of all of the
following factors :
(1) Prevailing speeds as determined by traffic engineering
measurements.
(2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent
to the driver.
(4) When determining the posted speed limit, that speed limit
shall be rounded down to the nearest five miles per hour increment of
the 85th percentile speed.
(c) An engineering and traffic survey shall be conducted in
consultation with the law enforcement agency that has primary traffic
jurisdiction over the highway that is surveyed.
(c)
(d) When conducting an engineering and traffic survey,
local authorities, in addition to the factors set forth in paragraphs
(1) to (3) (4) , inclusive, of
subdivision (b) may consider all of the following:
(1) Residential density, if any of the following conditions exist
on the particular portion of highway and the property contiguous
thereto, other than a business district:
(A) Upon one side of the highway, within a distance of a quarter
of a mile, the contiguous property fronting thereon is occupied by 13
or more separate dwelling houses or business structures.
(B) Upon both sides of the highway, collectively, within a
distance of a quarter of a mile, the contiguous property fronting
thereon is occupied by 16 or more separate dwelling houses or
business structures.
(C) The portion of highway is longer than one-quarter of a mile
but has the ratio of separate dwelling houses or business structures
to the length of the highway described in either subparagraph (A) or
(B).
(2) Pedestrian and bicyclist safety.
SEC. 2. Section 22358.6 is added to the
Vehicle Code , to read:
22358.6. The Department of Transportation or local transportation
authority shall conduct an engineering and traffic survey whenever
there is significant modification to a highway, including, but not
limited to, a change in width, curvature, grade, intersection, or
surface condition to that highway.
SEC. 3. Section 22358.7 is added to the
Vehicle Code , to read:
22358.7. Whenever a local authority determines, upon the basis of
an engineering and traffic survey, to increase or decrease the
existing speed limit on a particular portion of a highway pursuant to
Section 22357, 22358, 22358.3, 22358.4, 22360, or 22364, the local
authority shall, prior to increasing or decreasing that speed limit,
consult with, and take into account the traffic safety considerations
of, the local law enforcement agency that has primary traffic
responsibility for that particular portion of the highway.
SEC. 4. Section 40802 of the Vehicle
Code is repealed.
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 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.
(b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that 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.
SEC. 5. Section 40802 is added to the
Vehicle Code , to read:
40802. A "speed trap" is 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.
SEC. 6. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. It is the intent of the Legislature
to enact appropriate legislation to revise the statutory definition
of the term "speed trap."