Amended in Assembly March 7, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1725

Introduced by Assembly Member Wagner

January 28, 2016

An act to amend begin delete Sections 21453, 42001.15, and 42007.3 end delete begin insert Section 21455 end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1725, as amended, Wagner. Vehicles: automated traffic enforcement systems.

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Existing law defines an “official traffic control signal” as any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.

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Existing law states that any required stop be made at a sign, crosswalk, or limit line indicating where the stop is to be made, but, in the absence of that sign or marking, existing law requires that the stop be made at the official traffic control signal.

end insert begin insert

This bill would expressly state that a stop is required to be made at an official traffic control signal erected and maintained at a freeway or highway on ramp. This bill would also make technical, nonsubstantive changes to that provision.

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Existing law requires a driver facing a steady circular red signal alone to stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and to remain stopped until an indication to proceed is shown, except as provided. A violation of this provision is an infraction punishable by a fine of $100.

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This bill would also require a driver facing a steady circular red signal alone at a freeway or highway onramp signal, to stop at a marked limit line, but if none, before the signal, and to remain stopped until an indication to proceed is shown. The bill would make a violation of this requirement an infraction punishable by a fine of $50. By creating a new crime, this bill would impose a state-mandated local program.

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The bill would also make a conforming change.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 21455 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

21455.  

When an official traffic control signal is erected and
maintained at a place other than an intersection, begin insert including a
freeway or highway on ramp, end insert the provisions of this article shall
begin delete be applicable end delete begin insert apply, end insert except those provisions begin delete which end delete begin insert that end insert by their
nature can have no application. Any stop required shall be made
at a begin delete sign or crosswalk end delete begin insert sign, crosswalk, end insert or limit line indicating
where the stop shall be made, begin delete but end delete begin insert but, end insert in the absence of begin delete any such end delete
begin insert that end insert sign or begin delete marking end delete begin insert marking, end insert the stop shall be made at the signal.

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SECTION 1.  

Section 21453 of the Vehicle Code is amended
to read:

21453.  

(a) A driver facing a steady circular red signal alone
shall stop at a marked limit line, but if none, before entering the
crosswalk on the near side of the intersection or, if none, then
before entering the intersection, and shall remain stopped until an
indication to proceed is shown, except as provided in subdivision
(b).

(b) Except when a sign is in place prohibiting a turn, a driver,
after stopping as required by subdivision (a), facing a steady
circular red signal, may turn right, or turn left from a one-way
street onto a one-way street. A driver making that turn shall yield
the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to any vehicle that has approached or is approaching
so closely as to constitute an immediate hazard to the driver, and
shall continue to yield the right-of-way to that vehicle until the
driver can proceed with reasonable safety.

(c) A driver facing a steady red arrow signal shall not enter the
intersection to make the movement indicated by the arrow and,
unless entering the intersection to make a movement permitted by
another signal, shall stop at a clearly marked limit line, but if none,
before entering the crosswalk on the near side of the intersection,
or if none, then before entering the intersection, and shall remain
stopped until an indication permitting movement is shown.

(d) A driver facing a steady circular red signal alone at a freeway
or highway onramp shall stop at a marked limit line, but if none,
before the signal, and shall remain stopped until an indication to
proceed is shown.

(e) Unless otherwise directed by a pedestrian control signal as
provided in Section 21456, a pedestrian facing a steady circular
red or red arrow signal shall not enter the roadway.

SEC. 2.  

Section 42001.15 of the Vehicle Code is amended to
read:

42001.15.  

(a) Every person convicted of an infraction for a
violation of subdivision (a) or (c) of Section 21453, subdivision
(c) of Section 21454, or subdivision (a) of Section 21457 shall be
punished by a fine of one hundred dollars ($100).

(b) Every person convicted of an infraction for a violation of
subdivision (d) of Section 21453 shall be punished by a fine of
fifty dollars ($50).

SEC. 3.  

Section 42007.3 of the Vehicle Code is amended to
read:

42007.3.  

(a) Notwithstanding Section 42007, revenues derived
from fees collected under Section 42007 from each person required
or permitted to attend traffic violator school pursuant to Section
41501 or 42005 as a result of a violation of subdivision (a), (c), or
(d) of Section 21453, subdivision (c) of Section 21454, or
subdivision (a) of Section 21457 shall be allocated as follows:

(1) The first 30 percent of the amount collected shall be allocated
to the general fund of the city or county in which the offense
occurred.

(2) The balance of the amount collected shall be deposited by
the county treasurer under Section 42007.

(b) This section does not apply to the additional forty-nine-dollar
($49) court administrative fee assessed pursuant to subdivision (c)
of Section 11208 collected under subdivision (a) of Section
42007.1.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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