California Legislature—2013–14 Regular Session

Assembly BillNo. 1101


Introduced by Assembly Member Chesbro

February 22, 2013


An act to amend Section 97 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1101, as introduced, Chesbro. Safety Enhancement-Double Fine Zones.

Existing law requires that a state highway segment be designated as a Safety Enhancement-Double Fine Zone if, among other requirements, the segment is eligible for designation and the Director of Transportation, in consultation with the Commissioner of the California Highway Patrol, certifies that the segment of state highway meets specified criteria.

This bill would make a nonsubstantive change to 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:

P1    1

SECTION 1.  

Section 97 of the Streets and Highways Code is
2amended to read:

3

97.  

(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).

P2    1(2) The Director of Transportation, in consultation with the
2Commissioner of the California Highway Patrol, certifies that the
3segment identified in subdivision (b) meets all of the following
4criteria:

5(A) The highway segment is a conventional highway or
6expressway and is part of the state highway system.

7(B) The rate of total collisions per mile per year on the segment
8under consideration has been at least 1.5 times the statewide
9average for similar roadway types during the most recent three-year
10period for which data are available.

11(C) The rate of head-on collisions per mile per year on the
12segment under consideration has been at least 1.5 times the
13statewide average for similar roadway types during the most recent
14three-year period for which data are available.

15(3) The Department of the California Highway Patrol or local
16agency having traffic enforcement jurisdiction, as the case may
17be, has concurred with the designation.

18(4) The governing board of each city, or county with respect to
19an unincorporated area, in which the segment is located has by
20resolution indicated that it supports the designation.

21(5) An active public awareness effort to change driving behavior
22is ongoing either by the local agency with jurisdiction over the
23segment or by another state or local entity.

24(6) Other traffic safety enhancements, including, but not limited
25to, increased enforcement and other roadway safety measures, are
26in place or are being implemented concurrent with the designation
27of the Safety Enhancement-Double Fine Zone.

28(b) The following segments are eligible for designation as a
29Safety Enhancement-Double Fine Zone pursuant to subdivision
30(a):

31State Highway Route 12 between the State Highway Route 80
32junction in Solano County and the State Highway Route 5 junction
33in San Joaquin County.

34(c) Designation of a segment as a Safety Enhancement-Double
35Fine Zone by the department pursuant to subdivision (a) shall be
36done in writing and a written notification shall be provided to the
37court with jurisdiction over the area in which the highway segment
38is located. The designation shall be valid for a minimum of two
39years from the date of submission to the court.

P3    1(d) After the two-year period, and at least every two years
2thereafter, the department, in consultation with the Department of
3the California Highway Patrol, shall evaluate whether the highway
4segment continues to meet the conditions set forth in subdivision
5(a). If the segment meets those conditions, the department shall
6renew the designation in which case an updated notification shall
7be sent to the court. If the department, in consultation with the
8Department of the California Highway Patrol, determines that any
9of those conditions no longerbegin delete applyend deletebegin insert appliesend insert to a segment designated
10as a Safety Enhancement-Double Fine Zone under this section,
11the department shall revoke the designation and the segment shall
12cease to be a Safety Enhancement-Double Fine Zone.

13(e) A Safety Enhancement-Double Fine Zone is subject to the
14rules and regulations adopted by the department prescribing
15uniform standards for warning signs to notify motorists that,
16pursuant to Section 42010 of the Vehicle Code, increased penalties
17apply for traffic violations that are committed within a Safety
18Enhancement-Double Fine Zone.

19(f) (1) The department or the local authority having jurisdiction
20over these highway and road segments shall place and maintain
21the warning signs identifying these segments by stating that a
22“Special Safety Zone Region Begins Here” and a “Special Safety
23Zone Ends Here.”

24(2) Increased penalties shall apply to violations under Section
2542010 of the Vehicle Code only if appropriate signage is in place
26pursuant to this subdivision.

27(3) If designation as a Safety Enhancement-Double Fine Zone
28is revoked pursuant to subdivision (d), the department shall be
29responsible for removal of all signage placed pursuant to this
30subdivision.

31(g) Safety Enhancement-Double Fine Zones do not increase the
32civil liability of the state or local authority having jurisdiction over
33the highway segment under Division 3.6 (commencing with Section
34810) of Title 1 of the Government Code or any other provision of
35law relating to civil liability.

36(1) Only the base fine shall be enhanced pursuant to this section.

37(2) Notwithstanding any other provision of law, any additional
38penalty, forfeiture, or assessment imposed by any other statute
39shall be based on the amount of the base fine before enhancement
P4    1or doubling and shall not be based on the amount of the enhanced
2fine imposed pursuant to this section.

3(h) The projects specified as a Safety Enhancement-Double
4Fine Zone shall not be elevated in priority for state funding
5purposes.

6(i) The requirements of subdivision (a) shall not apply to the
7Safety Enhancement-Double Fine Zone established prior to the
8effective date of this subdivision pursuant to Section 97.4 or to the
9Safety Enhancement-Double Fine Zones established pursuant to
10Section 97.5.



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