Amended in Senate April 6, 2016

Senate Bill No. 998

Introduced by Senator Wieckowski

February 10, 2016

An act to amend begin delete Sections 21655.7 and end delete begin insert Section end insert 22500 begin delete of end delete begin insert of, and to add Section 21655.10 to, end insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 998, as amended, Wieckowski. Vehicles: mass transit guideways.

Existing law makes it unlawful for a person to stop or park a motor vehicle in specified places, including an area designated as a fire lane by the fire department or fire district, as specified. A violation of these provisions is an infraction.

begin delete

Existing law authorizes a local authority to permit a portion of the highway under its jurisdiction to be used exclusively for a public mass transit guideway.

end delete

This bill would prohibit a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a begin delete public mass transit guideway, end delete begin insert portion of the highway designated for the exclusive use of public transit buses, end insert subject to specified exceptions. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

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.

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

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

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

begin delete

SECTION 1.  

Section 21655.7 of the Vehicle Code is amended
to read:

21655.7.  

(a) A local authority, with respect to any highway
under its jurisdiction, may authorize or permit a portion of the
highway to be used exclusively for a public mass transit guideway.

(b) A person shall not operate a motor vehicle on a portion of
a highway designated by local authority to be exclusively used as
a public mass transit guideway, except when necessary to avoid
conflict with other traffic or in compliance with the directions of
a peace officer or official traffic control device.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 21655.10 is added to the end insert begin insert Vehicle Code end insert begin insert , end insert
immediately following Section 21655.9 begin insert , to read: end insert

begin insert

begin insert 21655.10. end insert   

A person shall not operate a motor vehicle on a
portion of a highway that has been designated for the exclusive
use of public transit buses, except in compliance with the directions
of a peace officer or official traffic control device.

end insert

SEC. 2.  

Section 22500 of the Vehicle Code is amended to read:

22500.  

A person shall not stop, park, or leave standing any
vehicle whether attended or unattended, except when necessary
to avoid conflict with other traffic or in compliance with the
directions of a peace officer or official traffic control device, in
any of the following places:

(a) Within an intersection, except adjacent to curbs as may be
permitted by local ordinance.

(b) On a crosswalk, except that a bus engaged as a common
carrier or a taxicab may stop in an unmarked crosswalk to load or
unload passengers when authorized by the legislative body of a
city pursuant to an ordinance.

(c) Between a safety zone and the adjacent right-hand curb or
within the area between the zone and the curb as may be indicated
by a sign or red paint on the curb, which sign or paint was erected
or placed by local authorities pursuant to an ordinance.

(d) Within 15 feet of the driveway entrance to a fire station.
This subdivision does not apply to any vehicle owned or operated
by a fire department and clearly marked as a fire department
vehicle.

(e) (1) In front of a public or private driveway, except that a
bus engaged as a common carrier, schoolbus, or a taxicab may
stop to load or unload passengers when authorized by local
authorities pursuant to an ordinance.

(2) In unincorporated territory, where the entrance of a private
road or driveway is not delineated by an opening in a curb or by
other curb construction, so much of the surface of the ground as
is paved, surfaced, or otherwise plainly marked by vehicle use as
a private road or driveway entrance, shall constitute a driveway.

(f) On a portion of a sidewalk, or with the body of the vehicle
extending over a portion of a sidewalk, except electric carts when
authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon
a vehicle under this code may extend from the body of the vehicle
over the sidewalk to a distance of not more than 10 inches.

(g) Alongside or opposite a street or highway excavation or
obstruction when stopping, standing, or parking would obstruct
traffic.

(h) On the roadway side of a vehicle stopped, parked, or standing
at the curb or edge of a highway, except for a schoolbus when
stopped to load or unload pupils in a business or residence district
where the speed limit is 25 miles per hour or less.

(i) Except as provided under Section 22500.5, alongside curb
space authorized for the loading and unloading of passengers of a
bus engaged as a common carrier in local transportation when
indicated by a sign or red paint on the curb erected or painted by
local authorities pursuant to an ordinance.

(j) In a tube or tunnel, except vehicles of the authorities in
charge, being used in the repair, maintenance, or inspection of the
facility.

(k) Upon a bridge, except vehicles of the authorities in charge,
being used in the repair, maintenance, or inspection of the facility,
and except that buses engaged as a common carrier in local
transportation may stop to load or unload passengers upon a bridge
where sidewalks are provided, when authorized by local authorities
pursuant to an ordinance, and except that local authorities pursuant
to an ordinance or the Department of Transportation pursuant to
an order, within their respective jurisdictions, may permit parking
on bridges having sidewalks and shoulders of sufficient width to
permit parking without interfering with the normal movement of
traffic on the roadway. Local authorities, by ordinance or
resolution, may permit parking on these bridges on state highways
in their respective jurisdictions if the ordinance or resolution is
first approved in writing by the Department of Transportation.
Parking shall not be permitted unless there are signs in place, as
may be necessary, to indicate the provisions of local ordinances
or the order of the Department of Transportation.

(l) In front of or upon that portion of a curb that has been cut
down, lowered, or constructed to provide wheelchair accessibility
to the sidewalk.

(m) In a portion of a highway begin delete under the jurisdiction of a local
authority end delete that has been designated begin delete by that authority to be used
exclusively for a end delete begin insert for the exclusive use of end insert public begin delete mass end delete transit

begin delete guideway pursuant to Section 21655.7. end delete begin insert buses. end insert

SEC. 3.  

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.