AB 858, as introduced, Melendez. Highways.
Existing law requires the Department of Transportation to designate a state highway segment as a Safety Enhancement-Double Fine Zone if specified conditions are met, including that the governing board of the city or county in which the segment is located has by resolution indicated that it supports the designation.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 97 of the Streets and Highways Code is
2amended to read:
(a) A state highway segment shall be designated by the
4department as a Safety Enhancement-Double Fine Zone if all of
5the following conditions have been satisfied:
6(1) The highway segment is eligible for designation pursuant
7to subdivision (b).
8(2) The Director of Transportation, in consultation with the
9Commissioner of the California Highway Patrol, certifies that the
P2 1segment identified in subdivision (b) meets all of the following
2criteria:
3(A) The highway segment is a conventional highway or
4expressway and is part of the state highway system.
5(B) The rate of total collisions
per mile per year on the segment
6under consideration has been at least 1.5 times the statewide
7average for similar roadway types during the most recent three-year
8period for which data are available.
9(C) The rate of head-on collisions per mile per year on the
10segment under consideration has been at least 1.5 times the
11statewide average for similar roadway types during the most recent
12three-year period for which data are available.
13(3) The Department of the California Highway Patrol or local
14agency having traffic enforcement jurisdiction, as the case may
15be, has concurred with the designation.
16(4) The governing board of each city, or county with respect to
17an unincorporated area, in which the segment is located hasbegin insert,end insert
by
18resolutionbegin insert,end insert indicated that it supports the designation.
19(5) An active public awareness effort to change driving behavior
20is ongoing either by the local agency with jurisdiction over the
21segment or by another state or local entity.
22(6) Other traffic safety enhancements, including, but not limited
23to, increased enforcement and other roadway safety measures, are
24in place or are being implemented concurrent with the designation
25of the Safety Enhancement-Double Fine Zone.
26(b) The following segments are eligible for designation as a
27Safety Enhancement-Double Fine Zone pursuant to subdivision
28(a):
29State Highway Route 12 between the State Highway Route 80
30
junction in Solano County and the State Highway Route 5 junction
31in San Joaquin County.
32(c) Designation of a segment as a Safety Enhancement-Double
33Fine Zone by the department pursuant to subdivision (a) shall be
34done in writing and a written notification shall be provided to the
35court with jurisdiction over the area in which the highway segment
36is located. The designation shall be valid for a minimum of two
37years from the date of submission to the court.
38(d) After the two-year period, and at least every two years
39thereafter, the department, in consultation with the Department of
40the California Highway Patrol, shall evaluate whether the highway
P3 1segment continues to meet the conditions set forth in subdivision
2(a). If the segment meets those conditions, the department shall
3renew the designation in which case an updated notification shall
4be sent to the court. If the department, in
consultation with the
5Department of the California Highway Patrol, determines that any
6of those conditions no longer apply to a segment designated as a
7Safety Enhancement-Double Fine Zone under this section, the
8department shall revoke the designation and the segment shall
9cease to be a Safety Enhancement-Double Fine Zone.
10(e) A Safety Enhancement-Double Fine Zone is subject to the
11rules and regulations adopted by the department prescribing
12uniform standards for warning signs to notify motorists that,
13pursuant to Section 42010 of the Vehicle Code, increased penalties
14apply for traffic violations that are committed within a Safety
15Enhancement-Double Fine Zone.
16(f) (1) The department or the local authority having jurisdiction
17over these highway and road segments shall place and maintain
18the warning signs identifying these segments by stating that a
19“Special
Safety Zone Region Begins Here” and a “Special Safety
20Zone Ends Here.”
21(2) Increased penalties shall apply to violations under Section
2242010 of the Vehicle Code only if appropriate signage is in place
23pursuant to this subdivision.
24(3) If designation as a Safety Enhancement-Double Fine Zone
25is revoked pursuant to subdivision (d), the department shall be
26responsible for removal of all signage placed pursuant to this
27subdivision.
28(g) Safety Enhancement-Double Fine Zones do not increase the
29civil liability of the state or local authority having jurisdiction over
30the highway segment under Division 3.6 (commencing with Section
31810) of Title 1 of the Government Code or any other provision of
32law relating to civil liability.
33(1) Only the base fine shall be enhanced pursuant to this section.
34(2) Notwithstanding any other provision of law, any additional
35penalty, forfeiture, or assessment imposed by any other statute
36shall be based on the amount of the base fine before enhancement
37or doubling and shall not be based on the amount of the enhanced
38fine imposed pursuant to this section.
P4 1(h) The projects specified as a Safety Enhancement-Double
2Fine Zone shall not be elevated in priority for state funding
3purposes.
4(i) The requirements of subdivision (a) shall not apply to the
5Safety Enhancement-Double Fine Zone established prior to the
6effective date of this subdivision pursuant to Section 97.4 or to the
7Safety Enhancement-Double Fine Zones established pursuant to
8Section 97.5.
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