Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 946


Introduced by Assembly Member Stone

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(Coauthor: Assembly Member Alejo)

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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 amended, 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 Districtbegin delete, in conjunction with the Department of Transportation,end delete to conduct a transit-bus only program using the shoulders of certain state highways as transit-bus only traffic corridors,begin delete with the segments to be determined jointlyend deletebegin insert subject to approval by the department and the Department of the California Highway Patrol. The highway segments to be used for the program would be jointly determinedend insert 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 tobegin insert activelyend insert 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,begin delete in
8conjunctionend delete
with thebegin insert approval of theend insert departmentbegin insert and the
9Department of the California Highway Patrolend insert
. The program shall
10designate segments of each highway where it is appropriate to
11designate shoulders as transit bus-only traffic corridors, with the
12segments to be determined jointly by the department and the
13participating transit districts based upon peak congestion hours
14and the most heavily congested areas. Under the program, the
15participating transit districts shallbegin insert activelyend insert work with the department
16and the Department of the California Highway Patrol to develop
17guidelines that ensure driver and vehicle safety and the integrity
18of the infrastructure.

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19(b) The development of the guidelines shall be done with
20transparency, including the opportunity for public comment.

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21(b)

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22begin insert(c)end insert The department and the participating transit districts shall
23monitor the state of repair of highway shoulders used in the
24begin deletedemonstrationend delete program, including repairs attributable to the
25operation of transit buses on the shoulders.

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26(c)

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P3    1begin insert(d)end insert The participating transit districts shall be responsible for all
2costs attributable to this program.

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3(d)

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4begin insert(e)end insert The program may commence operationbegin delete as soon as practicable end delete
5begin deleteafter January 1, 2014end deletebegin insert, as soon as guidelines are agreed to by the
6transit districts, the department, and the Department of the
7California Highway Patrolend insert
.

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8(e)

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9begin insert(f)end insert As used in this section, “highway” includes “freeway.”

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SEC. 2.  

Section 21650 of the Vehicle Code is amended to read:

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21650.  

Upon all highways, a vehicle shall be driven upon the
12right half of the roadway, except as follows:

13(a) When overtaking and passing another vehicle proceeding
14in the same direction under the rules governing that movement.

15(b) When placing a vehicle in a lawful position for, and when
16the vehicle is lawfully making, a left turn.

17(c) When the right half of a roadway is closed to traffic under
18construction or repair.

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

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

21(f) When the vehicle is necessarily traveling so slowly as to
22impede the normal movement of traffic, that portion of the highway
23adjacent to the right edge of the roadway may be utilized
24temporarily when in a condition permitting safe operation.

25(g) This section does not prohibit the operation of bicycles on
26any shoulder of a highway, on any sidewalk, on any bicycle path
27within a highway, or along any crosswalk or bicycle path crossing,
28where the operation is not otherwise prohibited by this code or
29local ordinance.

30(h) This section does not prohibit the operation of a transit bus
31on the shoulder of a state highway in conjunction with the
32implementation of a program authorized pursuant to Section 148.1
33of the Streets and Highways Code on state highways within the
34areas served by the transit services of the Monterey-Salinas Transit
35District or the Santa Cruz Metropolitan Transit District.



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