BILL NUMBER: AB 1535	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2012

INTRODUCED BY   Assembly Member Halderman
    (   Coauthor:   Assembly Member  
Jeffries   ) 

                        JANUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1535, as amended, Halderman.  Highway signs: high
occupancy vehicle lanes.   Vehicles: 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  a  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
  A  person shall  not  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  a  local authority,  when
  if  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   has the same meaning as that term 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.