BILL ANALYSIS AB 564 Page 1 ASSEMBLY THIRD READING AB 564 (Portantino) As Amended May 14, 2009 Majority vote TRANSPORTATION 8-3 ----------------------------------------------------------------- |Ayes:|Jeffries, Blumenfield, | | | | |Buchanan, Conway, | | | | |Furutani, Galgiani, | | | | |Bonnie Lowenthal, Solorio | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Miller, Niello, John A. | | | | |Perez | | | | | | | | ----------------------------------------------------------------- SUMMARY : Amends the definition of a "local street or road," under the speed trap law, for the City of Pasadena, to mean a street or road is either included in the latest maps submitted to the federal highway Administration (FHWA) or is not wider than 40 feet, longer than one-half mile, or more than one lane in each direction. EXISTING LAW : 1)Defines a local street or road, under the speed trap exemption, by the latest functional usage and federal-aid system maps submitted to the Federal Highway Administration (FHWA). When maps have not been submitted, local streets and roads are defined as those not wider than 40 feet, or longer than one-half mile, or with more than one lane in each direction. 2)Defines a speed trap as a particular section of highway measured and marked with boundaries to determine the speed of a vehicle by calculating the time it takes the vehicle to travel the known distance. 3)Defines a speed trap as a particular section of a highway with a prima facie speed limit that is not justified by an engineering and traffic survey (ETS) conducted within five years from the time of an alleged violation and where enforcement involves the use of radar or other electronic AB 564 Page 2 devices which measure the speed of moving objects. 4)Prohibits the use in court of evidence of the speed of a vehicle obtained on any highway segment meeting the definition of speed trap. 5)Authorizes local jurisdictions to establish speed limits according to the result of an ETS. An ETS gauges prevailing speeds along a given route, takes into account accident records, and highway, traffic, and roadside conditions not readily apparent to the driver. 6)Provides for the establishment of prima facie speed limits (i.e., in specified increments) in certain areas where it is deemed necessary (i.e., near schools, in business districts or in residential districts) without the benefit of a traffic survey. FISCAL EFFECT : Unknown COMMENTS : Under current law, local streets and roads are exempt from the speed trap prohibition and defined by the functional usage and federal-aid system maps submitted to the FHWA. If a street is not shown on the maps, a local street is defined as those not wider than 40 feet, or longer than one-half mile, or with more than one lane in each direction. The sponsor of this bill, the City of Pasadena, points out that in older urbanized areas with grid street networks there "are examples of where arterial and/or collector designations are present on streets that are essentially identical to local streets." This bill would redefine a local street or road to mean that it either is defined as such on maps submitted to FHWA, or it meets the existing definition of not being wider than 40 feet, or longer than one-half mile, or with more than one lane in each direction. This bill would allow that a local street or road be defined under either option of the definition. Under this bill, if a local street or road meets the existing geographical definition and can be classified under the existing definition of residence district, it is conceivable that a speed limit could be set at 25 miles per hour (MPH), as is required by law. Under existing law a "residence district" is considered a AB 564 Page 3 district within a quarter mile, that has continuous property occupying 13 or more separate dwelling houses on one side of the highway or 16 or more separate dwelling houses or business structures on both side of the highway. State law requires a 25 MPH speed limit in business and residential districts, unless conditions warrant a higher speed limit. Residential district speed limits do not need to be posted to be enforceable. By obtaining a residence district designation, a local street or road would not need to conduct an engineering traffic study (ETS) to set the speed limit. Under current law, state and local authorities establish speed limits based on the results of ETS which are designed to gauge prevailing speeds along a given route. Speed limits are then usually set at or near the 85th percentile (i.e., the speed that is adhered to by 85% of motorists). Limits can be set at lower rates for any other safety-related reasons. The rationale behind the 85th percentile methodology, which has been borne out by empirical studies is that 85% of motorists drive at a safe and prudent speed and that setting speed limits at a lower level will make lawbreakers out of otherwise law-abiding citizens, thereby engendering disrespect for the law. California's speed trap law requires that an ETS be conducted within five years from the date of a speeding ticket, if local law enforcement utilizes radar or other electronic devices to cite motorists. The use in court of evidence (i.e., radar enforcement) obtained on any highway segment meeting the definition of speed trap is prohibited. In opposition, the Automobile Club of Southern California, points out that this bill would allow roads to be "classified if it meets certain dimensional characteristics without the added criteria of determining the road's functional usage. With higher traffic volumes, traffic on collectors and minor arterials tends to move at slightly higher speeds than on adjacent local streets, which is why those speed limits are usually set 5-10 MPH than streets that are truly residential." Previous legislation: AB 2767 (Jackson), Chapter 45, Statutes of 2000, allowed local authorities to consider residential density and bicycle and pedestrian safety as additional factors in ETS conducted for purposes of setting speed limits. AB 564 Page 4 Committee comments: 1)By redefining the definition of "local streets and roads," under this bill, it is possible that unrealistic posted speed limits would be established without any regard to prevailing speeds (85th percentile) or traffic characteristics of the roadway. This could result in "speed traps" and speeding citations for the overwhelming majority of drivers that are driving these roads in a prudent and safe manner causing no undue speed-related traffic hazards. 2)Under this bill, even though a locality can seek to establish speed limit and speed enforcement parity by having geographically similar local street and roads be treated equally, their functionality does not permit that local streets be treated the same. It is possible that a local street, who meets the "residence district" definition, can serve as a major arterial or connector. Under federal and state law, arterials are defined as higher speed routes with longer uninterrupted segments. On the other hand, local roads tend to have slower speeds and little through-movement. Currently, there is a process that exists through FHWA that provide for functional classification changes of arterial, collector, and local roads, if a locality believes that changes are warranted. Analysis Prepared by : Alejandro Esparza / TRANS. / (916) 319-2093 FN: 0000676