BILL NUMBER: AB 2489	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 19, 2010

   An act to amend Section 21960 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2489, as introduced, Tom Berryhill. Vehicles: bicycles: state
highways.
   Existing law authorizes the Department of Transportation and local
authorities, by order, ordinance, or resolution, with respect to
freeways, expressways, or designated portions thereof under their
respective jurisdictions, to which vehicle access is completely or
partially controlled, to prohibit or restrict the use of those
freeways, expressways, or any portion thereof by pedestrians,
bicycles or other nonmotorized traffic or by any person operating a
motor-driven cycle, motorized bicycle, or motorized scooter.
   This bill would make a technical, nonsubstantive change to these
provisions.
   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 21960 of the Vehicle Code is amended to read:
   21960.  (a) The Department of Transportation and local
authorities, by order, ordinance, or resolution, with respect to
freeways, expressways, or designated portions thereof under their
respective jurisdictions, to which vehicle access is completely or
partially controlled, may prohibit or restrict the use of the
freeways, expressways, or any portion thereof by pedestrians,
bicycles or other nonmotorized traffic or by any person operating a
motor-driven cycle, motorized bicycle, or motorized scooter. A
prohibition or restriction pertaining to bicycles, motor-driven
cycles, or motorized scooters shall be deemed to include motorized
bicycles; and no person may operate a motorized bicycle wherever that
prohibition or restriction is in force. Notwithstanding any
provisions of any order, ordinance, or resolution to the contrary,
the driver or passengers of a disabled vehicle stopped on a freeway
or expressway may walk to the nearest exit, in either direction, on
that side of the freeway or expressway upon which the vehicle is
disabled, from which telephone or motor vehicle repair services are
available.
   (b) The prohibitory regulation authorized by subdivision (a) shall
be effective when appropriate signs giving notice thereof are
erected upon  any   the  freeway or
expressway and the approaches thereto. If any portion of a county
freeway or expressway is contained within the limits of a city within
the county, the county may erect signs on that portion as required
under this subdivision if the ordinance has been approved by the city
pursuant to subdivision (b) of Section 1730 of the Streets and
Highways Code.
   (c) No ordinance or resolution of local authorities shall apply to
any state highway until the proposed ordinance or resolution has
been presented to, and approved in writing by, the Department of
Transportation.
   (d) An ordinance or resolution adopted under this section on or
after January 1, 2005, to prohibit pedestrian access to a county
freeway or expressway shall not be effective unless it is supported
by a finding by the local authority that the freeway or expressway
does not have pedestrian facilities and pedestrian use would pose a
safety risk to the pedestrian.