California Legislature—2013–14 Regular Session

Assembly BillNo. 946


Introduced by Assembly Member Stone

February 22, 2013


An act to add Section 148.1 to the Streets and Highways Code, and to amend Section 21650 of the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 946, as introduced, Stone. Transit buses: Counties of Monterey and Santa Cruz.

Existing law creates the Monterey-Salinas Transit District and the Santa Cruz Metropolitan Transit District with various powers and duties relative to the operation of public transit in those counties. Existing law generally requires vehicles to be driven upon the right half of a roadway, defined to include only that portion of a highway improved, designed, or ordinarily used for vehicular travel. Existing law generally prohibits the driver of a vehicle from overtaking and passing another vehicle by driving off the paved or main-traveled portion of the roadway.

The bill would authorize the Monterey-Salinas Transit District and the Santa Cruz Metropolitan Transit District, in conjunction with the Department of Transportation, to conduct a transit-bus only program using the shoulders of certain state highways as transit-bus only traffic corridors, with the segments to be determined jointly by the districts and the department. The bill would thereby authorize the operation of transit buses on the shoulder of a segment of a state highway designated under the program within the areas served by the transit districts. The bill would require the districts to work with the department and the Department of the California Highway Patrol to develop guidelines that ensure driver and vehicle safety and the integrity of the infrastructure. The bill would require monitoring of the state of repair of the highway shoulders used in the program, and would require the districts to be responsible for all costs attributable to the program.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 148.1 is added to the Streets and
2Highways Code
, to read:

3

148.1.  

(a) Notwithstanding any other provision of law, the
4Monterey-Salinas Transit District and the Santa Cruz Metropolitan
5Transit District may conduct a transit bus-only program using the
6shoulders of certain highways in the state highway system within
7the areas served by the transit services of the districts, in
8conjunction with the department. The program shall designate
9segments of each highway where it is appropriate to designate
10shoulders as transit bus-only traffic corridors, with the segments
11to be determined jointly by the department and the participating
12transit districts based upon peak congestion hours and the most
13heavily congested areas. Under the program, the participating
14transit districts shall work with the department and the Department
15of the California Highway Patrol to develop guidelines that ensure
16driver and vehicle safety and the integrity of the infrastructure.

17(b) The department and the participating transit districts shall
18monitor the state of repair of highway shoulders used in the
19demonstration program, including repairs attributable to the
20operation of transit buses on the shoulders.

21(c) The participating transit districts shall be responsible for all
22costs attributable to this program.

23(d) The program may commence operation as soon as practicable
24after January 1, 2014.

25(e) As used in this section, “highway” includes “freeway.”

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SEC. 2.  

Section 21650 of the Vehicle Code is amended to read:

27

21650.  

Upon all highways, a vehicle shall be driven upon the
28right half of the roadway, except as follows:

29(a) When overtaking and passing another vehicle proceeding
30in the same direction under the rules governing that movement.

31(b) When placing a vehicle in a lawful position for, and when
32the vehicle is lawfully making, a left turn.

P3    1(c) When the right half of a roadway is closed to traffic under
2construction or repair.

3(d) Upon a roadway restricted to one-way traffic.

4(e) When the roadway is not of sufficient width.

5(f) When the vehicle is necessarily traveling so slowly as to
6impede the normal movement of traffic, that portion of the highway
7adjacent to the right edge of the roadway may be utilized
8temporarily when in a condition permitting safe operation.

9(g) This section does not prohibit the operation of bicycles on
10any shoulder of a highway, on any sidewalk, on any bicycle path
11within a highway, or along any crosswalk or bicycle path crossing,
12where the operation is not otherwise prohibited by this code or
13local ordinance.

begin insert

14(h) This section does not prohibit the operation of a transit bus
15on the shoulder of a state highway in conjunction with the
16implementation of a program authorized pursuant to Section 148.1
17of the Streets and Highways Code on state highways within the
18areas served by the transit services of the Monterey-Salinas Transit
19District or the Santa Cruz Metropolitan Transit District.

end insert


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