BILL NUMBER: AB 1535	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Halderman

                        JANUARY 24, 2012

   An act to amend Section 21655.5 of the Vehicle Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1535, as introduced, Halderman. Highway signs: high occupancy
vehicle lanes.
   Existing law directs the Department of Transportation and certain
local authorities to erect and maintain signage along state and
county highways that designate certain traffic lanes as
high-occupancy vehicle (HOV) lanes and specify conditions for their
use.
   This bill would require the department or local authority, when
replacing signs designating HOV lane use in an area that permits
motorcycles to use those lanes, to include language on the new sign
stating that motorcycles are permitted in the HOV lanes.
   Because this bill would increase the duties of local authorities,
it would create 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21655.5 of the Vehicle Code is amended to read:

   21655.5.  (a) The Department of Transportation and local
authorities, with respect to highways under their respective
jurisdictions, may authorize or permit exclusive or preferential use
of highway lanes for high-occupancy vehicles. Prior to establishing
the lanes, competent engineering estimates shall be made of the
effect of the lanes on safety, congestion, and highway capacity.
   (b)  (1)    The Department of Transportation and
local authorities, with respect to highways under their respective
jurisdictions, shall place and maintain, or cause to be placed and
maintained, signs and other official traffic control devices to
designate the exclusive or preferential lanes, to advise motorists of
the applicable vehicle occupancy levels, and, except where ramp
metering and bypass lanes are regulated with the activation of
traffic signals, to advise motorists of the hours of high-occupancy
vehicle usage. No person shall drive a vehicle upon those lanes
except in conformity with the instructions imparted by the official
traffic control devices. A motorcycle, a mass transit vehicle, or a
paratransit vehicle that is clearly and identifiably marked on all
sides of the vehicle with the name of the paratransit provider may be
operated upon those exclusive or preferential use lanes unless
specifically prohibited by a traffic control device. 
   (2) The department or local authority, when replacing a sign
designating high-occupancy vehicle (HOV) lane usage in an area that
permits motorcycles to use the HOV lane, shall include language on
the new sign indicating that motorcycles are permitted to use the HOV
lane. 
   (c) When responding to an existing emergency or breakdown in which
a mass transit vehicle is blocking an exclusive or preferential use
lane, a clearly marked mass transit vehicle, mass transit supervisor'
s vehicle, or mass transit maintenance vehicle that is responding to
the emergency or breakdown may be operated in the segment of the
exclusive or preferential use lane being blocked by the mass transit
vehicle, regardless of the number of persons in the vehicle
responding to the emergency or breakdown, if both vehicles are owned
or operated by the same agency, and that agency provides public mass
transit services.
   (d) For purposes of this section, a "paratransit vehicle" is
defined in Section 462.
   (e) For purposes of this section, a "mass transit vehicle" means a
transit bus regularly used to transport paying passengers in mass
transit service.
   (f) It is the intent of the Legislature, in amending this section,
to stimulate and encourage the development of ways and means of
relieving traffic congestion on California highways and, at the same
time, to encourage individual citizens to pool their vehicular
resources and thereby conserve fuel and lessen emission of air
pollutants.
   (g) The provisions of this section regarding mass transit vehicles
and paratransit vehicles shall only apply if the Director of
Transportation determines that the application will not subject the
state to a reduction in the amount of federal aid for highways.
  SEC. 2.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.