Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2575

Introduced by Assembly Member Baker

February 19, 2016

An act to amend begin delete Section 21350 end delete begin insert Sections 22352 and 40802 end insert of the Vehicle Code, relating to begin delete vehicles. end delete begin insert speed limits. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2575, as amended, Baker. begin delete Traffic control devices. end delete begin insert Prima facie speed limits: rural roads. end insert

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Existing law establishes prima facie speed limits, including 15 miles per hour and 25 miles per hour, for various circumstances relating to traversing a railway grade crossing, approaching or passing a school building, and passing a senior center, among others. A violation of the Vehicle Code is a crime.

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This bill would establish a prima facie speed limit of 40 miles per hour when driving on a road designated by a local governing body as a rural road, other than a state highway, as specified. Because the bill would create a new crime, it would impose a state-mandated local program.

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Existing law prohibits a peace officer or other person from using a speed trap in arresting, or participating in the arrest of, any person for any alleged violation of the Vehicle Code. Existing law prohibits the use of a speed trap in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under the Vehicle Code.

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Existing law defines a speed trap as, among other things, a particular section of a highway with a prima facie speed limit that is provided by the Vehicle Code or by local ordinance if that prima facie speed limit is not justified by an engineering and traffic survey, as specified, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. Existing law exempts local streets, roads, or school zones from the application of these provisions.

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This bill would make the definition of speed trap inapplicable to a rural road, as described above.

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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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Existing law requires the Department of Transportation to place and maintain appropriate signs, signals, and other traffic control devices along highways under its jurisdiction. Existing law authorizes the department, with the consent of local authorities, to place and maintain appropriate signs, signals, and other traffic control devices along city streets and county roads as may be necessary or desirable to control or direct traffic, or to facilitate traffic flow, to or from state highways.

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This bill would make technical, nonsubstantive changes to these provisions.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 22352 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

22352.  

The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:

(a) Fifteen miles per hour:

(1) When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have
a clear and unobstructed view of the crossing and of any traffic on
the railway for a distance of 400 feet in both directions along the
railway. This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly
visible electrical or mechanical railway crossing signal device is
installed but does not then indicate the immediate approach of a
railway train or car.

(2) When traversing any intersection of highways if during the
last 100 feet of the driver’s approach to the intersection the driver
does not have a clear and unobstructed view of the intersection
and of any traffic upon all of the highways entering the intersection
for a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.

(3) On any alley.

(b) Twenty-five miles per hour:

(1) On any highway other than a state highway, in any business
or residence district unless a different speed is determined by local
authority under procedures set forth in this code.

(2) When approaching or passing a school building or the
grounds thereof, contiguous to a highway and posted with a
standard “SCHOOL” warning sign, while children are going to or
leaving the school either during school hours or during the noon
recess period. The prima facie limit shall also apply when
approaching or passing any school grounds which are not separated
from the highway by a fence, gate, or other physical barrier while
the grounds are in use by children and the highway is posted with
a standard “SCHOOL” warning sign. For purposes of this
subparagraph, standard “SCHOOL” warning signs may be placed
at any distance up to 500 feet away from school grounds.

(3) When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard “SENIOR” warning sign. A local
authority may erect a sign pursuant to this paragraph when the
local agency makes a determination that the proposed signing
should be implemented. A local authority may request grant
funding from the Active Transportation Program pursuant to
Chapter 8 (commencing with Section 2380) of Division 3 of the
Streets and Highways Code, or any other grant funding available
to it, and use that grant funding to pay for the erection of those
signs, or may utilize any other funds available to it to pay for the
erection of those signs, including, but not limited to, donations
from private sources.

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(c) Forty miles per hour on a road designated by a local
governing body as a rural road, other than a state highway, with
a roadway width of 18 feet or less or traffic volumes of more than
3,000 vehicles per day, and posted with a speed restriction sign
displaying the prima facie limit.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 40802 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

40802.  

(a) A “speed trap” is either of the following:

(1) A particular section of a highway measured as to distance
and with boundaries marked, designated, or otherwise determined
in order that the speed of a vehicle may be calculated by securing
the time it takes the vehicle to travel the known distance.

(2) A particular section of a highway with a prima facie speed
limit that is begin delete provided end delete begin insert established end insert by this code or by local ordinance
under subparagraph (A) of paragraph (2) of subdivision (a) of
Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within five years prior
to the date of the alleged violation, and enforcement of the speed
limit involves the use of radar or any other electronic device that
measures the speed of moving objects. This paragraph does not
apply to a local street, road, or school begin delete zone. end delete begin insert end insert begin insert zone, or a rural road
pursuant to subdivision (c) of Section 22352. end insert

(b) (1) For purposes of this section, a local street or road is one
that is functionally classified as “local” on the “California Road
System Maps,” that are approved by the Federal Highway
Administration and maintained by the Department of
Transportation. When a street or road does not appear on the
“California Road System Maps,” it may be defined as a “local
street or road” if it primarily provides access to abutting residential
property and meets the following three conditions:

(A) Roadway width of not more than 40 feet.

(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as defined
in Section 445.

(C) Not more than one traffic lane in each direction.

(2) For purposes of this section, “school zone” means that area
approaching or passing a school building or the grounds thereof
that is contiguous to a highway and on which is posted a standard
“SCHOOL” warning sign, while children are going to or leaving
the school either during school hours or during the noon recess
period. “School zone” also includes the area approaching or passing
any school grounds that are not separated from the highway by a
fence, gate, or other physical barrier while the grounds are in use
by children if that highway is posted with a standard “SCHOOL”
warning sign.

(c) (1) When all of the following criteria are met, paragraph
(2) of this subdivision shall be applicable and subdivision (a) shall
not be applicable:

(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and
Training.

(B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an
additional training course of not less than two hours approved and
certified by the Commission on Peace Officer Standards and
Training.

(C) (i) The prosecution proved that the arresting officer
complied with subparagraphs (A) and (B) and that an engineering
and traffic survey has been conducted in accordance with
subparagraph (B) of paragraph (2). The prosecution proved that,
prior to the officer issuing the notice to appear, the arresting officer
established that the radar, laser, or other electronic device
conformed to the requirements of subparagraph (D).

(ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.

(D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration,
and has been calibrated within the three years prior to the date of
the alleged violation by an independent certified laser or radar
repair and testing or calibration facility.

(2) A “speed trap” is either of the following:

(A) A particular section of a highway measured as to distance
and with boundaries marked, designated, or otherwise determined
in order that the speed of a vehicle may be calculated by securing
the time it takes the vehicle to travel the known distance.

(B) (i) A particular section of a highway or state highway with
a prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision
(a) of Section 22352, or established under Section 22354, 22357,
22358, or 22358.3, if that prima facie speed limit is not justified
by an engineering and traffic survey conducted within one of the
following time periods, prior to the date of the alleged violation,
and enforcement of the speed limit involves the use of radar or
any other electronic device that measures the speed of moving
objects:

(I) Except as specified in subclause (II), seven years.

(II) If an engineering and traffic survey was conducted more
than seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes
in adjoining property or land use, roadway width, or traffic volume,
10 years.

(ii) This subparagraph does not apply to a local street, road, or
school begin delete zone. end delete begin insert end insert begin insert zone, or a rural road pursuant to subdivision (c) of
Section 22352. end insert

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begin insert SEC. 3. end insert   

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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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SECTION 1.  

Section 21350 of the Vehicle Code is amended
to read:

21350.  

The Department of Transportation shall place and
maintain, or cause to be placed and maintained, with respect to
highways under its jurisdiction, appropriate signs, signals, and
other traffic control devices as required hereunder, and may place
and maintain, or cause to be placed and maintained, appropriate
signs, signals, or other traffic control devices as may be authorized
hereunder, or as may be necessary properly to indicate and to carry
out the provisions of this code, or to warn or guide traffic upon
the highways. The Department of Transportation, with the consent
of the local authorities, may also place and maintain, or cause to
be placed and maintained, in or along city streets and county roads,
appropriate signs, signals, and other traffic control devices, or may
perform, or cause to be performed, any other work on city streets
and county roads, as may be necessary or desirable to control or
direct traffic, or to facilitate traffic flow, to, from, or on state
highways.

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