BILL NUMBER: AB 564 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY MAY 5, 2009
INTRODUCED BY Assembly Member Portantino
FEBRUARY 25, 2009
An act to amend Section 40802 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 564, as amended, Portantino. Speed traps: local street or road.
Existing law relating to speed traps provides that a local street
or road is defined by the latest functional usage and federal-aid
system maps submitted to the federal Highway Administration, except
that when these maps have not been submitted, or when the street or
road is not shown on the maps, a "local street or road" means a
street or road that primarily provides access to abutting residential
property and meets 3 specified conditions.
This bill would revise the definition of a "local street
or road" by deleting the excepted conditions, such that "local street
or road" additionally has the alternative meaning even if the maps
have been submitted or the street or road is shown on those maps.
The bill would also provide that, within
the city limits of the City of Pasadena, a "local street or road"
also includes a street or road that primarily provides
access to within a "residence district."
district" that meets the 3 specified
conditions referred to above.
The bill would make findings and declarations concerning the need
for special legislation.
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 40802 of the Vehicle Code is amended to read:
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 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 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 zone.
(b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, or is
except that when these maps have not been submitted,
or when the street or road is not shown on the maps, a local street
or road means a street or road that 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) For purposes of this section, in addition to the
definition of a local street or road as specified in paragraph (1) of
subdivision (b), within the city limits of the City of
Pasadena, a local street or road is may also
be defined by the latest functional usage and
federal-aid system maps submitted to the federal Highway
Administration, or is as a street or road
that primarily provides access to abutting residential
property or to a within a residence district
, and that meets all of the following
three conditions:
(1) Roadway width of not more than 40 feet.
(2) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(3) Not more than one traffic lane in each direction.
(d) (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 and 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 zone.
SEC. 2. The Legislature finds and declares that this act, which is
applicable only to the City of Pasadena is necessary in order to
permit the City of Pasadena to determine the speed limit for a local
street or road providing access to a residence district. It is,
therefore, declared that a general law within the meaning of Section
16 of Article IV of the California Constitution cannot be made
applicable and that the enactment of this special law is necessary
for the public good.