California Legislature—2013–14 Regular Session

Assembly Bill No. 444

Introduced by Assembly Member Lowenthal

February 19, 2013

An act to amend Sections 21953, 21954, and 21955 of the Vehicle Code, relating to pedestrians.

LEGISLATIVE COUNSEL’S DIGEST

AB 444, as introduced, Lowenthal. Pedestrians: highway workers.

Existing law requires that a pedestrian upon a roadway yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard, unless the pedestrian is within a crosswalk, pedestrian tunnel, or overhead crossing, and prohibits a pedestrian from crossing the roadway at any place except in a crosswalk, as specified.

This bill would exempt a highway worker, as defined, from 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 21953 of the Vehicle Code is amended
to read:

21953.  

begin insert (a) end insert begin insert   end insert Whenever any pedestrian crosses a roadway other
than by means of a pedestrian tunnel or overhead pedestrian
crossing, if a pedestrian tunnel or overhead crossing serves the
place where the pedestrian is crossing the roadway, begin delete such end delete begin insert the end insert
pedestrian shall yield the right-of-way to all vehicles on the
highway so near as to constitute an immediate hazard.

begin insert

(b) This section shall not apply to a highway worker. For
purposes of this section, “highway worker” means an employee
of the Department of Transportation, a contractor or employee of
a contractor working under contract with the Department of
Transportation, an employee of a city, county, or city and county,
a contractor or employee of a contractor while working under
contract with a city, county, or city and county, or a volunteer as
defined in Section 1720.4 of the Labor Code who does one or more
of the following:

end insert begin insert

(1) Performs maintenance, repair, or construction of state
highway or local street or road infrastructures and associated
rights-of-way in highway or local street or road work zones.

end insert begin insert

(2) Operates equipment on state highway or local street or road
infrastructures and associated rights-of-way in highway or local
street or road work zones.

end insert begin insert

(3) Performs any related maintenance work, as required, on
state highway or local street or road infrastructures in highway
or local street or road work zones.

end insert begin delete

This

end delete

begin insert (c) end insert begin insert   end insert begin insert This end insert section shall not be construed to mean that a marked
crosswalk, with or without a signal device, cannot be installed
where a pedestrian tunnel or overhead crossing exists.

SEC. 2.  

Section 21954 of the Vehicle Code is amended to read:

21954.  

(a) Every pedestrian upon a roadway at any point other
than within a marked crosswalk or within an unmarked crosswalk
at an intersection shall yield the right-of-way to all vehicles upon
the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of
a vehicle from the duty to exercise due care for the safety of any
pedestrian upon a roadway.

begin insert

(c) Subdivision (a) shall not apply to a highway worker as
defined in Section 21953.

end insert

SEC. 3.  

Section 21955 of the Vehicle Code is amended to read:

21955.  

begin insert (a) end insert begin insert   end insert Between adjacent intersections controlled by traffic
control signal devices or by police officers, pedestrians shall not
cross the roadway at any place except in a crosswalk.

begin insert

(b) This section shall not apply to a highway worker as defined
in Section 21953.

end insert