Senate Bill No. 595

Introduced by Senator Cannella

February 27, 2015

An act to amend Section 22358.4 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 595, as introduced, Cannella. Vehicles: prima facie speed limits: schools.

Under existing law, the prima facie speed limit when approaching or passing a school is 25 miles per hour. Existing law authorizes a local authority to establish a lower prima facie speed limit within specified distances of a school.

This bill would make technical, nonsubstantive changes to that provision.

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

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

SECTION 1.  

Section 22358.4 of the Vehicle Code is amended
to read:

22358.4.  

(a) (1)  begin delete Whenever end delete begin insert If end insert a local authority determines
upon the basis of an engineering and traffic survey that the prima
facie speed limit of 25 miles per hour established by paragraph (2)
of subdivision begin delete (a) end delete begin insert (b) end insert of Section 22352 is more than is reasonable
or safe, the local authority may, by ordinance or resolution,
determine and declare a prima facie speed limit of 20 or 15 miles
per hour, whichever is justified as the appropriate speed limit by
that survey.

(2) An ordinance or resolution adopted under paragraph (1)
shall not be effective until appropriate signs giving notice of the
speed limit are erected upon the highway and, in the case of a state
highway, until the ordinance is approved by the Department of
Transportation and the appropriate signs are erected upon the
highway.

(b) (1) Notwithstanding subdivision (a) or any other begin delete provision
of end delete law, a local authority may, by ordinance or resolution, determine
and declare prima facie speed limits as follows:

(A) A 15 miles per hour prima facie limit in a residence district,
on a highway with a posted speed limit of 30 miles per hour or
slower, when approaching, at a distance of less than 500 feet from,
or passing, a school building or the grounds of a school building,
contiguous to a highway and posted with a school warning sign
that indicates a speed limit of 15 miles per hour, 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, at a distance of less than 500 feet from,
or passing, 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 and the highway is posted with a school warning
sign that indicates a speed limit of 15 miles per hour.

(B) A 25 miles per hour prima facie limit in a residence district,
on a highway with a posted speed limit of 30 miles per hour or
slower, when approaching, at a distance of 500 to 1,000 feet from,
a school building or the grounds thereof, contiguous to a highway
and posted with a school warning sign that indicates a speed limit
of 25 miles per hour, 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, at a
distance of 500 to 1,000 feet from, 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 and the highway
is posted with a school warning sign that indicates a speed limit
of 25 miles per hour.

(2) The prima facie limits established under paragraph (1) apply
only to highways that meet all of the following conditions:

(A) A maximum of two traffic lanes.

(B) A maximum posted 30 miles per hour prima facie speed
limit immediately prior to and after the school zone.

(3) The prima facie limits established under paragraph (1) apply
to all lanes of an affected highway, in both directions of travel.

(4) When determining the need to lower the prima facie speed
limit, the local authority shall take the provisions of Section 627
into consideration.

(5) (A) An ordinance or resolution adopted under paragraph
(1) shall not be effective until appropriate signs giving notice of
the speed limit are erected upon the highway and, in the case of a
state highway, until the ordinance is approved by the Department
of Transportation and the appropriate signs are erected upon the
highway.

(B) For purposes of subparagraph (A) of paragraph (1), school
warning signs indicating a speed limit of 15 miles per hour may
be placed at a distance up to 500 feet away from school grounds.

(C) For purposes of subparagraph (B) of paragraph (1), school
warning signs indicating a speed limit of 25 miles per hour may
be placed at any distance between 500 and 1,000 feet away from
the school grounds.

(D) A local authority shall reimburse the Department of
Transportation for all costs incurred by the department under this
subdivision.