AB 266, as amended, Blumenfield. Vehicles: high-occupancy vehicle lanes.
Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of high-occupancy vehicles (HOVs), which lanes may also be used, until January 1, 2015, or until the Secretary of State receives a specified notice, by certain low-emission, hybrid, or alternative fuel vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles. A violation of provisions relating to HOV lane use by vehicles with those identifiers is a crime.
This bill would extend the operation of those provisionsbegin delete to January 1, 2018,end delete for certain low-emissionbegin delete vehicles, and would extend the operation of those provisionsend deletebegin insert
vehiclesend insert to January 1,begin delete 2020, for other specified low-emission vehicles, as specified,end deletebegin insert 2019,end insert or,begin delete in either case,end delete until the Secretary of State receives that specified notice, whichever occurs first.begin insert The bill would until January 1, 2015, or until the Secretary of State receives that specified notice, authorize the department to issue a valid identifier to a vehicle that meets California’s transitional zero-emission vehicle (TZEV) standard.end insert The bill would also repeal duplicate provisions of law, delete obsolete provisions of law relating to hybrid vehicles, and make additional conforming changes.
By extending a crime that otherwise would be inoperative, the bill would impose a state-mandated local program.
begin insertThis bill would incorporate additional substantive changes in Sections 5205.5 and 21655.9 of the Vehicle Code made by SB 286, to become operative if SB 286 and this bill become effective on or before January 1, 2014, and this bill is enacted last.
end insertThe 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 5205.5 of the Vehicle Code, as amended
2by Section 2 of Chapter 674 of the Statutes of 2012, is amended
3to read:
(a) For purposes of implementing Section 21655.9,
5the department shall make available for issuance, for a fee
6determined by the department to be sufficient to reimburse the
7department for the actual costs incurred pursuant to this section,
8distinctive decals, labels, and other identifiers that clearly
9distinguish the following vehicles from other vehicles:
10(1) A vehicle that meets California’s super ultra-low emission
11vehicle (SULEV) standard for exhaust emissions and the federal
12inherently low-emission vehicle (ILEV) evaporative emission
13standard, as defined in Part 88 (commencing with Section
1488.101-94) of Title 40 of the Code of Federal Regulations.
15(2) A vehicle that was produced during the 2004 model-year or
16earlier and meets California ultra-low emission vehicle (ULEV)
17standard for exhaust emissions and the federal ILEV standard.
18(3) A vehicle that meets California’s enhanced advanced
19technology partial zero-emission vehicle (enhanced AT PZEV)
20begin insert standard or transitional zero-end insertbegin insertemission vehicle (TZEV) end insert standard.
P3 1(b) The department shall include a summary of the provisions
2of this section on each motor vehicle registration renewal notice,
3or on a separate insert, if space is
available and the summary can
4be included without incurring additional printing or postage costs.
5(c) The Department of Transportation shall remove individual
6HOV lanes, or portions of those lanes, during periods of peak
7congestion from the access provisions provided in subdivision (a),
8following a finding by the Department of Transportation as follows:
9(1) The lane, or portion thereof, exceeds a level of service C,
10as discussed in subdivision (b) of Section 65089 of the Government
11Code.
12(2) The operation or projected operation of the vehicles
13described in subdivision (a) in these lanes, or portions thereof, will
14significantly increase congestion.
15(3) The findingbegin delete alsoend delete
shallbegin insert
alsoend insert demonstrate the infeasibility of
16alleviating the congestion by other means, including, but not
17limited to, reducing the use of the lane by noneligible vehicles or
18further increasing vehicle occupancy.
19(d) The State Air Resources Board shall publish and maintain
20a listing of all vehicles eligible for participation in the programs
21described in this section. The board shall provide that listing to
22the department.
23(e) (1) For purposes of subdivision (a), the Department of the
24California Highway Patrol and the department, in consultation
25with the Department of Transportation, shall design and specify
26the placement of the decal, label, or other identifier on the vehicle.
27Each decal, label, or other identifier issued for a
vehicle shall
28display a unique number, which number shall be printed on, or
29affixed to, the vehicle registration.
30(2) Decals, labels, or other identifiers designed pursuant to this
31subdivision for a vehicle described in paragraph (3) of subdivision
32(a) shall be distinguishable from the decals, labels, or other
33identifiers that are designed for vehicles described in paragraphs
34(1) and (2) of subdivision (a).
35(f) (1) Except as provided in paragraph (2), for purposes of
36paragraph (3) of subdivision (a), the department shall issue no
37more than 40,000 distinctive decals, labels, or other identifiers that
38clearly distinguish a vehicle specified in paragraph (3) of
39subdivision (a).
P4 1(2) The
department may issue a decal, label, or other identifier
2for a vehicle that satisfies all of the following conditions:
3(A) The vehicle is of a type identified in paragraph (3) of
4subdivision (a).
5(B) The owner of the vehicle is the owner of a vehicle for which
6a decal, label, or other identifier described in paragraph (1) was
7previously issued and that vehicle for which the decal, label, or
8other identifier was previously issued is determined by the
9department, on the basis of satisfactory proof submitted by the
10owner to the department, to be a nonrepairable vehicle or a total
11loss salvage vehicle.
12(C) The owner of the vehicle applied for a decal, label, or other
13identifier pursuant to this paragraph within six months of
the date
14on which the vehicle for which a decal, label, or other identifier
15was previously issued is declared to be a nonrepairable vehicle or
16a total loss salvage vehicle.
17(g) If the Metropolitan Transportation Commission, serving as
18the Bay Area Toll Authority, grants toll-free and reduced-rate
19passage on toll bridges under its jurisdiction to a vehicle pursuant
20to Section 30102.5 of the Streets and Highways Code, it shall also
21grant the same toll-free and reduced-rate passage to a vehicle
22displaying an identifier issued by the department pursuant to
23paragraph (1) or (2) of subdivisionbegin delete (a) if the vehicle is registered begin insert
(a).end insert
24to an address outside of the region identified in Section 66502 of
25the Government Code.end delete
26(h) (1) Notwithstanding Section 21655.9, and except as
27provided in paragraph (2), a vehicle described in subdivision (a)
28that displays a decal, label, or identifier issued pursuant to this
29section shall be exempt from toll charges imposed on
30single-occupant vehicles in high-occupancy toll lanes as described
31in Section 149.7 of the Streets and Highways Code unless
32prohibited by federal law.
33(2) (A) Paragraph (1) does not apply to the imposition of a toll
34imposed for passage on a toll road or toll highway, that is not a
35high-occupancy toll lane as described in Section 149.7 of the
36Streets and Highways Code.
37(B) On or before March 1,
2014, paragraph (1) does not apply
38to the imposition of a toll imposed for passage in lanes designated
39
for tolls pursuant to the federally supportedbegin delete value-pricingend deletebegin insert value
40pricingend insert and transit development demonstration program operated
P5 1pursuant to Section 149.9 of the Streets and Highways Code for
2State Highway Route 10 or 110.
3(C) Paragraph (1) does not apply to the imposition of a toll
4charged for crossing a state-owned bridge.
5(i) If the Director of Transportation determines that federal law
6does not authorize the state to allow vehicles that are identified by
7distinctive decals, labels, or other identifiers on vehicles described
8in subdivision (a) to use highway lanes or highway access ramps
9for
high-occupancy vehicles regardless of vehicle occupancy, the
10Director of Transportation shall submit a notice of that
11determination to the Secretary of State.
12(j) (1) This section shall remain in effect only until January 1,
132020, or until the date the Secretary of State receives the notice
14described in subdivision (i), whichever occurs first, and as of that
15date is repealed.
16(2) With respect to a vehicle described in paragraph (3) of
17
subdivision (a), this section shall become operative on January 1,
182012, and shall be operative only until January 1, 2018, or until
19the date the Secretary of State receives the notice described in
20subdivision (i), whichever occurs first.
21(j) (1) This section shall not apply to a vehicle described in
22paragraph (3) of subdivision (a) on or after January 1, 2015, or
23the date that the Secretary of State receives the notice described
24in subdivision (i), whichever occurs first.
25(2) This section shall become inoperative on January 1, 2019,
26or on the date that the Secretary of State receives the
notice
27described in subdivision (i), whichever occurs first, and, as of
28January 1, 2019, is repealed, unless a later enacted statute, that
29becomes operative on or before January 1, 2019, deletes or extends
30the dates on which it becomes inoperative and is repealed.
begin insertSection 5205.5 of the end insertbegin insertVehicle Codeend insertbegin insert, as amended by
32
Section 2 of Chapter 674 of the Statutes of 2012, is amended to
33read:end insert
(a) For purposes of implementing Section 21655.9,
35the department shall make available for issuance, for a fee
36determined by the department to be sufficient to reimburse the
37department for the actual costs incurred pursuant to this section,
38distinctive decals, labels, and other identifiers that clearly
39distinguish the following vehicles from other vehicles:
P6 1(1) A vehicle that meets California’s super ultra-low emission
2vehicle (SULEV) standard for exhaust emissions and the federal
3inherently low-emission vehicle (ILEV) evaporative emission
4standard, as defined in Part 88 (commencing with Section
588.101-94) of Title 40 of the Code of Federal Regulations.
6(2) A vehicle that was produced during the
2004 model-year or
7earlier and meets California ultra-low emission vehicle (ULEV)
8standard for exhaust emissions and the federal ILEV standard.
9(3) A hybrid vehicle or an alternative fuel vehicle that meets
10California’s advanced technology partial zero-emission vehicle
11(AT PZEV) standard for criteria pollutant emissions and has a 45
12miles per gallon or greater fuel economy highway rating.
13(4) A hybrid vehicle that was produced during the 2004
14model-year or earlier and has a 45 miles per gallon or greater fuel
15economy highway rating, and meets California’s ULEV, SULEV,
16or partial zero-emission vehicle (PZEV) standards.
17(5)
end delete
18begin insert(3)end insert A vehicle that meets California’s enhanced advanced
19technology partial zero-emission vehicle (enhanced AT PZEV)
20begin insert standard or transitional zero emission vehicle (TZEV)end insert standard.
21(b) Neither an owner of a hybrid vehicle that meets the AT
22PZEV standard, with the exception of a vehicle that meets the
23federal ILEV standard, nor an owner of a hybrid vehicle described
24in paragraph (4) of subdivision (a), is entitled to a decal, label, or
25other identifier pursuant to this section unless the federal
26government acts to approve the use of high-occupancy vehicle
27(HOV) lanes by vehicles of the types identified in paragraph (3)
28or (4) of subdivision (a), regardless of the number of occupants.
29(c)
end delete
30begin insert(b)end insert The department shall include a summary of the provisions
31of this section on each motor vehicle registration renewal notice,
32or on a separate insert, if space is available and the summary can
33be included without incurring additional printing or postage costs.
34(d)
end delete
35begin insert(c)end insert The Department of Transportation shall remove individual
36HOV lanes, or portions of those lanes, during periods of peak
37congestion from the access provisions provided in subdivision (a),
38following a finding by the Department of Transportation
as follows:
P7 1(1) The lane, or portion thereof, exceeds a level of service C,
2as discussed in subdivision (b) of Section 65089 of the Government
3Code.
4(2) The operation or projected operation of the vehicles
5described in subdivision (a) in these lanes, or portions thereof, will
6significantly increase congestion.
7(3) The finding shall also demonstrate the infeasibility of
8alleviating the congestion by other means, including, but not
9limited to, reducing the use of the lane by noneligible vehicles or
10further increasing vehicle occupancy.
11(e)
end delete
12begin insert(d)end insert The State Air Resources Board shall publish and maintain
13a listing of all vehicles eligible for participation in the programs
14described in this section. The board shall provide that listing to
15the department.
16(f)
end delete
17begin insert(e)end insert (1) For purposes of subdivision (a), the Department of the
18California Highway Patrol and the department, in consultation
19with the Department of Transportation, shall design and specify
20the placement of the decal, label, or other identifier on the vehicle.
21Each decal,
label, or other identifier issued for a vehicle shall
22display a unique number, which number shall be printed on, or
23affixed to, the vehicle registration.
24(2) Decals, labels, or other identifiers designed pursuant to this
25subdivision for a vehicle described in paragraphbegin delete (5)end deletebegin insert
(3)end insert of
26subdivision (a) shall be distinguishable from the decals, labels, or
27other identifiers that are designed for vehicles described in
28paragraphsbegin delete (1), (2), (3), and (4)end deletebegin insert (1) and (2)end insert of subdivision (a).
29(g) (1) (A) Except as provided in subparagraph (B), for
30purposes of subdivision (a), the department shall issue no more
31than 85,000
distinctive decals, labels, or other identifiers that
32clearly distinguish the vehicles specified in paragraphs (3) and (4)
33of subdivision (a).
34(B) The department may issue a decal, label, or other identifier
35for a vehicle that satisfies all of the following conditions:
36(i) The vehicle is of a type identified in paragraph (3) or (4) of
37subdivision (a).
38(ii) The owner of the vehicle is the owner of a vehicle for which
39a decal, label, or identifier described in subparagraph (A) was
40previously issued and that vehicle for which the decal, label, or
P8 1identifier was previously issued is determined by the department,
2on the basis of satisfactory proof submitted by the owner to the
3department, to be a nonrepairable vehicle or a total loss salvage
4vehicle.
5(iii) The owner of the vehicle applied for a decal, label, or other
6identifier pursuant to this subparagraph on or before March 31,
72009, or within six months of the date on which the vehicle for
8which a decal, label, or identifier was previously issued is declared
9to be a nonrepairable vehicle or a total loss salvage vehicle,
10whichever date is later.
11(2) The department shall notify the Department of Transportation
12immediately after the date on which the department has issued
1350,000 decals, labels, and other identifiers under this section for
14the vehicles described in paragraphs (3) and (4) of subdivision (a).
15(3) The Department of Transportation shall determine whether
16significant HOV lane breakdown has occurred throughout the state,
17in accordance with the following timeline:
18(A) For lanes that are
nearing capacity, the Department of
19Transportation shall make the determination not later than 90 days
20after the date provided by the department under paragraph (2).
21(B) For lanes that are not nearing capacity, the Department of
22Transportation shall make the determination not later than 180
23days after the date provided by the department under paragraph
24(2).
25(4) In making the determination that significant HOV lane
26breakdown has occurred, the Department of Transportation shall
27consider the following factors in the HOV lane:
28(A) Reduction in level of service.
29(B) Sustained stop-and-go conditions.
30(C) Slower than average speed than the adjacent mixed-flow
31lanes.
32(D) Consistent increase in travel time.
33(5) After making the determinations pursuant to subparagraphs
34(A) and (B) of paragraph (3), if the Department of Transportation
35determines that significant HOV lane breakdown has occurred
36throughout the state, the Department of Transportation shall
37immediately notify the department of that determination, and the
38department, on the date of receiving that notification, shall
39discontinue issuing the decals, labels, or other identifiers for the
40vehicles described in paragraphs (3) and (4) of subdivision (a).
P9 1(h)
end delete
2begin insert(f)end insert (1) Except as provided in paragraph (2), for purposes of
3paragraphbegin delete (5)end deletebegin insert (3)end insert of subdivision (a), the department shall issue no
4more than 40,000 distinctive decals, labels, or other identifiers that
5clearly distinguish a vehicle specified in paragraphbegin delete (5)end deletebegin insert (3)end insert of
6subdivision (a).
7(2) The department may issue a decal, label, or other identifier
8for a vehicle that satisfies all of
the following conditions:
9(A) The vehicle is of a type identified in paragraphbegin delete (5)end deletebegin insert (3)end insert of
10subdivision (a).
11(B) The owner of the vehicle is the owner of a vehicle for which
12a decal, label, or other identifier described in paragraph (1) was
13previously issued and that vehicle for which the decal, label, or
14other identifier was previously issued is determined by the
15department, on the basis of satisfactory proof submitted by the
16owner to the department, to be a nonrepairable vehicle or a total
17loss salvage vehicle.
18(C) The owner of the vehicle applied for a decal, label, or other
19identifier pursuant to this paragraph within six
months of the date
20on which the vehicle for which a decal, label, or other identifier
21was previously issued is declared to be a nonrepairable vehicle or
22a total loss salvage vehicle.
23(i)
end delete
24begin insert(g)end insert If the Metropolitan Transportation Commission, serving as
25the Bay Area Toll Authority, grants toll-free and reduced-rate
26passage on toll bridges under its jurisdiction to a vehicle pursuant
27to Section 30102.5 of the Streets and Highways Code, it shall also
28grant the same toll-free and reduced-rate passage to a vehicle
29displaying an identifier issued by the department pursuant to
30paragraph (1) or (2) of subdivisionbegin delete (a) and to a vehicle displaying begin insert
(a).end insert
31a valid identifier issued by the department pursuant to paragraph
32(3) or (4) of subdivision (a) if the vehicle is registered to an address
33outside of the region identified in Section 66502 of the Government
34Code.end delete
35(j) An owner of a vehicle specified in paragraph (3) or
(4) of
36subdivision (a) whose vehicle is registered to an address in the
37region identified in Section 66502 of the Government Code and
38who seeks a vehicle identifier under subdivision (a) in order to
39have access to an HOV lane within the jurisdiction of the Bay Area
40Toll Authority shall do both of the following:
P10 1(1) Obtain and maintain an active account to operate within the
2automatic vehicle identification system described in Section 27565
3of the Streets and Highways Code and shall submit to the
4department a form, approved by the department and issued by the
5Bay Area Toll Authority, that contains the vehicle owner’s name,
6the license plate number and vehicle identification number of the
7vehicle, the vehicle make and year model, and the automatic
8vehicle identification system account number, as a condition to
9obtaining a vehicle identifier pursuant to subdivision (a) that allows
10for the use of that vehicle in HOV lanes regardless of the number
11
of occupants.
12(2) Be eligible for toll-free or reduced-rate passage on toll
13bridges within the jurisdiction of the Bay Area Toll Authority only
14if, at time of passage, the vehicle meets the passenger occupancy
15rate requirement established for that toll-free or reduced-rate
16passage.
17(k)
end delete
18begin insert(h)end insert (1) Notwithstanding Section 21655.9, and except as
19provided in paragraph (2), a vehicle described in subdivision (a)
20that displays a decal, label, or identifier issued pursuant to this
21section shall be exempt from toll
charges imposed on
22single-occupant vehicles in high-occupancy toll lanes as described
23in Section 149.7 of the Streets and Highways Code unless
24prohibited by federal law.
25(2) (A) Paragraph (1) does not apply to the imposition of a toll
26imposed for passage on a toll road or toll highway, that is not a
27high-occupancy toll lane as described in Section 149.7 of the
28Streets and Highways Code.
29(B) On or before March 1, 2014, paragraph (1) does not apply
30to the imposition of a toll imposed for passage in lanes designated
31for tolls pursuant to the federally supportedbegin delete value-pricingend deletebegin insert value
32pricingend insert and transit development demonstration program operated
33pursuant to Section 149.9 of
the Streets and Highways Code for
34State Highway Route 10 or 110.
35(C) Paragraph (1) does not apply to the imposition of a toll
36charged for crossing a state-owned bridge.
37(l)
end delete
38begin insert(i)end insert If the Director of Transportation determines that federal law
39does not authorize the state to allow vehicles that are identified by
40distinctive decals, labels, or other identifiers on vehicles described
P11 1in subdivision (a) to use highway lanes or highway access ramps
2for high-occupancy vehicles regardless of vehicle occupancy, the
3Director of Transportation shall submit a notice of that
4determination to the Secretary of State.
5(m) (1) This section shall remain in effect only until January
61, 2015, or until the date the Secretary of State receives the notice
7described in subdivision (l), whichever occurs first, and as of that
8date is repealed.
9(2) However, with respect to a vehicle described in paragraph
10(3) or (4) of subdivision (a), this section shall be operative only
11until July 1, 2011, or only until the date the Secretary of State
12receives the notice described in subdivision (l), whichever occurs
13first.
14(3) With respect to a vehicle described in paragraph (5) of
15subdivision (a), this section shall become operative on January 1,
162012, and shall be operative only until January 1, 2015, or until
17the date the Secretary of State receives the notice described in
18subdivision (l), whichever occurs first.
19(j) This section shall become inoperative on January 1, 2019,
20or on the date that the Secretary of State receives the notice
21described in subdivision (i), whichever occurs first, and, as of
22January 1, 2019, is repealed, unless a later enacted statute, that
23becomes operative on or before January 1, 2019, deletes or extends
24the dates on which it becomes inoperative and is repealed.
Section 5205.5 of the Vehicle Code, as added by
26Section 1 of Chapter 37 of the Statutes of 2010, is repealed.
Section 21655.9 of the Vehicle Code is amended to
28read:
(a) (1) Whenever the Department of Transportation
30or a local authority authorizes or permits exclusive or preferential
31use of highway lanes or highway access ramps for high-occupancy
32vehicles pursuant to Section 21655.5, the use of those lanes or
33ramps shall also be extended to vehicles that are issued distinctive
34decals, labels, or other identifiers pursuant to Section 5205.5
35regardless of vehicle occupancy or ownership.
36(2) A local authority during periods of peak congestion shall
37suspend for a lane the access privileges extended pursuant to
38paragraph (1) for those vehicles issued distinctive decals, labels,
39or other identifiers pursuant to Section 5205.5, if a
periodic review
P12 1of lane performance by that local authority discloses both of the
2following factors regarding the lane:
3(A) The lane, or a portion of the lane, exceeds a level of service
4C, as described in subdivision (b) of Section 65089 of the
5Government Code.
6(B) The operation or projected operation of vehicles in the lane,
7or a portion of the lane, will significantly increase congestion.
8(b) A person shall not drive a vehicle described in subdivision
9(a) of Section 5205.5 with a single occupant upon a high-occupancy
10vehicle lane pursuant to this section unless the decal, label, or other
11identifier issued pursuant to Section 5205.5 is properly displayed
12on the vehicle, and the vehicle registration described in Section
135205.5
is with the vehicle.
14(c) A person shall not operate or own a vehicle displaying a
15decal, label, or other identifier, as described in Section 5205.5, if
16that decal, label, or identifier was not issued for that vehicle
17pursuant to Section 5205.5. A violation of this subdivision is a
18misdemeanor.
19(d) If the provisions in Section 5205.5 authorizing the
20department to issue decals, labels, or other identifiers to hybrid
21and alternative fuel vehicles are repealed, vehicles displaying those
22decals, labels, or other identifiers shall not access high-occupancy
23vehicle lanes without meeting the occupancy requirements
24otherwise applicable to those lanes.
25(e) (1) This section shall remain in effect only until
January 1,
262020, or until the date that the Secretary of State receives the notice
27described in subdivision (i) of Section 5205.5, whichever occurs
28first, and as of that date is repealed.
29(2) With respect to a vehicle described in paragraph (3) of
30subdivision (a) of Section 5205.5, this section shall become
31operative on January 1, 2012, and shall be operative only until
32January 1, 2018, or until the date the Secretary of State receives
33the notice described in subdivision (i) of Section 5205.5,
whichever
34occurs first.
35(e) (1) This section shall not apply to a vehicle described in
36paragraph (3) of subdivision (a) of Section 5205.5 on or after
37January 1, 2015, or the date that the Secretary of State receives
38the notice described in subdivision (i) of Section 5205.5, whichever
39occurs first.
P13 1(2) This section shall become inoperative on January 1, 2019,
2or on the date that the Secretary of State receives the notice
3described in subdivision (i) of Section 5205.5, whichever occurs
4first, and, as of January 1, 2019, is repealed, unless a later enacted
5statute, that becomes operative on or before January 1, 2019,
6deletes or extends
the dates on which it becomes inoperative and
7is repealed.
begin insertSection 21655.9 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
9read:end insert
(a) (1) Whenever the Department of Transportation
11or a local authority authorizes or permits exclusive or preferential
12use of highway lanes or highway access ramps for high-occupancy
13vehicles pursuant to Section 21655.5, the use of those lanes or
14ramps shall also be extended to vehicles that are issued distinctive
15decals, labels, or other identifiers pursuant to Section 5205.5
16regardless of vehicle occupancy or ownership.
17(2) A local authority during periods of peak congestion shall
18suspend for a lane the access privileges extended pursuant to
19paragraph (1) for those vehicles issued distinctive decals, labels,
20or other identifiers pursuant to Section 5205.5, if a periodic review
21of lane performance by that local authority discloses both
of the
22following factors regarding the lane:
23(A) The lane, or a portion of the lane, exceeds a level of service
24C, as described in subdivision (b) of Section 65089 of the
25Government Code.
26(B) The operation or projected operation of vehicles in the lane,
27or a portion of the lane, will significantly increase congestion.
28(b) A person shall not drive a vehicle described in subdivision
29(a) of Section 5205.5 with a single occupant upon a high-occupancy
30vehicle lane pursuant to this section unless the decal, label, or other
31identifier issued pursuant to Section 5205.5 is properly displayed
32on the vehicle, and the vehicle registration described in Section
335205.5 is with the vehicle.
34(c) A person shall not operate or own a vehicle displaying a
35decal, label, or
other identifier, as described in Section 5205.5, if
36that decal, label, or identifier was not issued for that vehicle
37pursuant to Section 5205.5. A violation of this subdivision is a
38misdemeanor.
39(d) If the provisions in Section 5205.5 authorizing the
40department to issue decals, labels, or other identifiers to hybrid
P14 1and alternative fuel vehicles are repealed, vehicles displaying those
2decals, labels, or other identifiers shall not access high-occupancy
3vehicle lanes without meeting the occupancy requirements
4otherwise applicable to those lanes.
5(e) (1) This section shall remain in
effect only until January 1,
62015, or until the date that the Secretary of State receives the notice
7described in subdivision (l) of Section 5205.5, whichever occurs
8first, and as of that date is repealed.
9(2) However, with respect to a vehicle described in paragraph
10(3) or (4) of subdivision (a) of Section 5205.5, this section shall
11be operative only until July 1, 2011, or until the date the Secretary
12of State receives the notice described in subdivision (l) of Section
135205.5, whichever occurs first.
14(3) With respect to a vehicle described in paragraph (5)
of
15subdivision (a) of Section 5205.5, this section shall become
16operative on January 1, 2012, and shall be operative only until
17January 1, 2015, or until the date the Secretary of State receives
18the notice described in subdivision (l) of Section 5205.5, whichever
19occurs first.
20(e) This section shall become inoperative on January 1, 2019,
21or on the date that the Secretary of State receives the notice
22described in subdivision (i) of Section 5205.5, whichever occurs
23first, and, as of January 1, 2019, is repealed, unless a later enacted
24statute, that becomes operative on or before January 1, 2019,
25deletes or extends the dates on which it becomes inoperative and
26is repealed.
(a) Section 1.5 of this bill incorporates substantive
28amendments to Section 5205.5 of the Vehicle Code proposed by
29both this bill and Senate Bill 286. It shall only become operative
30if (1) both bills are enacted and become effective on or before
31January 1, 2014, (2) each bill amends Section 5205.5 of the Vehicle
32Code, and (3) this bill is enacted after Senate Bill 286, in which
33case Section 1 of this bill shall not become operative.
34(b) Section 3.5 of this bill incorporates substantive amendments
35to Section 21655.9 of the Vehicle Code proposed by both this bill
36and Senate Bill 286. It shall only become operative if (1) both bills
37are enacted and become effective on or
before January 1, 2014,
38(2) each bill amends Section 21655.9 of the Vehicle Code, and (3)
39this bill is enacted after Senate Bill 286, in which case Section 3
40of this bill shall not become operative.
No reimbursement is required by this act pursuant to
3 Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.
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