BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  SB 998
          Author:   Wieckowski (D) 
          Amended:  5/3/16  
          Vote:     21 

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 4/19/16
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Vehicles:  mass transit guideways


          SOURCE:    Alameda-Contra Costa Transit District 
                     Santa Clara Valley Transportation Authority

          DIGEST:   This bill prohibits an individual from operating,  
          stopping, parking, or leaving a motor vehicle in a transit-only  
          lane of a highway.  

          ANALYSIS:  
          
          Existing law: 

          1)Prohibits an individual from stopping, parking, or leaving a  
            vehicle, except when necessary to avoid conflict with other  
            traffic or in compliance with directions from a peace officer  
            or official traffic control device, in specified situations.   
            These situations include, but are not limited to, within an  
            intersection, on a crosswalk, in front of a driveway, in a  
            tunnel, on a bridge, and in passenger loading zones, including  
            bus stops.

          2)Provides that these offenses are infractions, subject to a  








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            fine of $100 for the first offense, $200 for the second  
            offense occurring within one year of a prior offense, and $250  
            for a third or subsequent offense occurring within one year of  
            two or more prior offenses.  

          This bill:

          1)Prohibits an individual from operating a motor vehicle on a  
            portion of highway that has been designated for the exclusive  
            use of public transit buses, except in compliance with  
            directions from a peace officer or official traffic control  
            device.  

          2)Prohibits an individual from stopping, parking, or leaving a  
            vehicle, except when necessary to avoid conflict with other  
            traffic or in compliance with directions from a peace officer  
            or official traffic control device, on a portion of highway  
            that has been designated for the exclusive use of public  
            transit buses.
          
          Comments

          1)Purpose.  The author states that Bus Rapid Transit (BRT) is a  
            high-capacity, lower cost public transit service intended to  
            effectively accommodate longer distance passenger trips in  
            transit corridors in urban areas.  By operating in dedicated  
            bus-only lanes, public transit agencies are able to decrease  
            travel times and make bus service more reliable and  
            competitive with automobiles.  This bill will help ensure the  
            success and efficiency of existing BRT lanes and encourage  
            more public transit agencies to plan for BRT lanes in the  
            future.  

          2)Bus stops v. bus lanes.  Existing law prohibits a motorist  
            from stopping, parking, or leaving a vehicle in a bus stop,  
            punishable as an infraction and subject to a $100 fine (higher  
            for subsequent offenses).  This bill expands those  
            prohibitions to BRT lanes, as well as prohibiting driving in a  
            BRT lane.  These new offenses would also be infractions,  
            subject to the same fines.

          3)Fines.  Due to additional surcharges, penalties, and  








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            assessments, a $100 base fine for an infraction - such as the  
            offenses created by this bill - results in a total of $541.  A  
            similar bill, SB 1051 (Hancock), authorizes the Alameda-Contra  
            Costa Transit District, in addition to the City and County of  
            San Francisco, to enforce parking violations in transit-only  
            traffic lanes and bus stops using video cameras.  Current law  
            specifies that these violations, in contrast to the violations  
            created by this bill, are civil penalties, not infractions,  
            subject to a fine of not less than $250 nor more than $1,000.   
            Civil penalties differ from infractions in that civil  
            penalties are not subject to add-on fees.

          4)Can't these motorists be cited now?  Santa Clara Valley  
            Transportation Authority, co-sponsor of this bill, states that  
            because transit agencies are not statutorily created special  
            districts, they do not have the authority under state law to  
            cite vehicles that are parked, stopped, left standing, or  
            driven in a designated bus-only lane.  In addition, while  
            existing law prohibits parking, stopping, or leaving a vehicle  
            in a bus stop, it does not address BRT lanes.  By specifically  
            designating prohibitions in BRT lanes, this bill authorizes  
            transit agencies to issue citations for impeding BRT service  
            operations.

          Related Legislation
          
          SB 1051 (Hancock) allows the Alameda-Contra Costa Transit  
          District to enforce parking violations in transit-only traffic  
          lanes and bus stops using video cameras.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified5/2/16)


          Alameda-Contra Costa Transit District (co-source)
          Santa Clara Valley Transportation Authority (co-source)
          California Transit Association









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          OPPOSITION:   (Verified5/2/16)


          None received


          Prepared by:Erin Riches / T. & H. / (916) 651-4121
          5/4/16 15:04:13


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