BILL NUMBER: SB 1376 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Gaines
FEBRUARY 24, 2012
An act to amend Section 22352 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1376, as introduced, Gaines. Vehicles: prima facie speed
limits.
Existing law provides that the prima facie speed limit is 15
miles per hour under certain circumstances, including when on any
alley or traversing a railway grade crossing or highway without a
clear unobstructed view, as specified, and 25 miles per hour under
other specified circumstances involving a highway in a business or
residence district, school buildings, and senior centers or
facilities. Existing law requires that the prima facie speed limit be
applicable unless changed as authorized in the Vehicle Code and, if
so changed, only when signs have been erected giving notice of that
speed limit. Violation of these provisions is a crime.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22352 of the Vehicle Code is amended to read:
22352. (a) The prima facie
speed 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 of that speed limit :
(1)
( a) Fifteen miles per hour:
(A)
(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.
(B)
( 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.
(C)
( 3) On any alley.
(2)
( b) Twenty-five miles per hour:
(A)
( 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.
(B)
( 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.
(C)
( 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 is not required to erect any sign
pursuant to this paragraph until donations from private sources
covering those costs are received and the local agency makes a
determination that the proposed signing should be implemented. A
local authority may, however, utilize any other funds available to it
to pay for the erection of those signs.
(b) This section shall become operative on March 1, 2001.