BILL NUMBER: AB 1218 CHAPTERED 09/27/99 CHAPTER 482 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 1999 APPROVED BY GOVERNOR SEPTEMBER 27, 1999 PASSED THE ASSEMBLY AUGUST 30, 1999 PASSED THE SENATE AUGUST 25, 1999 AMENDED IN SENATE AUGUST 18, 1999 AMENDED IN SENATE JULY 13, 1999 AMENDED IN SENATE JUNE 29, 1999 AMENDED IN ASSEMBLY MAY 20, 1999 AMENDED IN ASSEMBLY APRIL 12, 1999 INTRODUCED BY Assembly Member Keeley (Coauthors: Assembly Members Bock, Correa, and Honda) (Coauthors: Senators Dunn, McPherson, and Sher) FEBRUARY 26, 1999 An act to add and repeal Section 21810 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1218, Keeley. Vehicles: right-of-way: yielding: transit buses. (1) Existing law requires a driver to yield the right-of-way to an approaching authorized emergency vehicle that is sounding a siren and has at least one lighted lamp exhibiting red light. This bill would, in the Santa Cruz Metropolitan Transit District, the Orange County Transportation Authority, the Alameda-Contra Costa Transit District, and the Santa Clara County Transit District, require the driver of a vehicle to yield the right-of-way to a transit bus if (a) the bus has entirely exited an active traffic lane to board or deboard passengers at a designated bus stop, and is attempting to reenter the lane from which it exited, (b) directional signals on the bus are flashing to indicate that the bus is preparing to merge with traffic, and (c) the bus is equipped with a yield right-of-way sign, as specified, on the left rear of the bus. This bill would require that the Commissioner of the California Highway Patrol report on the effectiveness of the right-of-way with recommendations, as prescribed, on or before December 31, 2002. The bill also would require an education program in the affected areas and would establish a base fine of $35 for a violation, as specified. The provisions of the bill would be applicable to a district only if the governing board of the district approves a resolution requesting that those provisions be made applicable to it. Because a failure to yield as required would be an infraction, the bill would impose a state-mandated local program by creating a new crime. The requirements of the bill would terminate on January 1, 2003. (2) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21810 is added to the Vehicle Code, to read: 21810. (a) The driver of a vehicle overtaking a transit bus shall yield the right-of-way to the bus if all of the following conditions are present: (1) The transit bus has entirely exited an active traffic lane to board or deboard passengers at a designated bus stop, and is attempting to reenter the lane from which it exited. (2) Directional signals on the transit bus are flashing to indicate that the bus is preparing to merge with traffic. (3) The transit bus is equipped with a yield right-of-way sign on the left rear of the bus. The sign shall be both of the following: (A) Designed to warn a person operating a motor vehicle approaching the rear of the bus that the person is required to yield the right-of-way to the bus when the bus is entering traffic. (B) Illuminated by a flashing light when the bus is signaling in preparation for entering a traffic lane after having stopped to receive or discharge passengers. (b) Nothing in this section requires a transit agency to install the yield right-of-way sign described in paragraph (3) of subdivision (a). (c) This section does not relieve the driver of a transit bus from the duty to drive the bus with due regard for the safety of all persons and property. Nothing in this section relieves the transit agency from complying with the standard of care for its passengers established by Section 2100 of the Civil Code. (d) The provisions of this section are applicable to the Santa Cruz Metropolitan Transit District, the Orange County Transportation Authority, the Alameda-Contra Costa Transit District, and the Santa Clara County Transit District, if the governing board of the district approves a resolution, after a public hearing on the issue, requesting that this section be made applicable to it, and transmits a copy of the resolution to the commissioner. (e) (1) Notwithstanding Section 7055.5 of the Government Code, on or before December 31, 2002, the commissioner, after consultation with the participating transit agencies, participating law enforcement, and the advisory committee established pursuant to paragraph (3) of subdivision (a) of Section 34501 of the Vehicle Code, shall report to the Legislature on the effectiveness of the right-of-way for transit vehicles established by this section, including, but not limited to, any impact on the highway and local road safety and the efficiency of transit operations. The report shall recommend whether or not the right-of-way established by this section should be made permanent on a local basis, and whether it would be effective if implemented on a statewide basis. (2) The commissioner, in consultation with the participating transit agencies, the California Transit Association, the advisory committee, and the participating local law enforcement agencies, shall identify the information required for preparation of the report required under paragraph (1). This information may include, but need not be limited to, all of the following: (A) The total number of traffic collisions causing fatalities or injuries, and the number causing only property damage. (B) Traffic congestion issues. (C) Public opinion issues. (D) Efficiency of transit operations. (E) The public education program required under subdivision (i). (3) The commissioner may develop a format and schedule for reporting the information identified under paragraph (2), and the local law enforcement agencies, transit agencies, and the California Transit Association shall provide the commission with the information by using that format and in compliance with that schedule. (f) Each transit agency participating in the program shall undertake a public education program to inform motorists of the requirements imposed by this section. (g) The base fine for a violation of subsection (a) is thirty-five dollars ($35). (h) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003, deletes or extends that date. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.