BILL ANALYSIS �
AB 1535
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Date of Hearing: March 19, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1535 (Halderman) - As Amended: March 14, 2012
SUBJECT : High-occupancy Vehicle Lanes: "Motorcycles OK" signs
SUMMARY : Requires the California Department of Transportation
(Caltrans) and local authorities, when replacing a
high-occupancy vehicle (HOV) lane sign in an area wherein
motorcycles are permitted, to indicate on the sign that
motorcycles are permitted to use the HOV lane.
EXISTING LAW:
1)Permits Caltrans and local jurisdictions, for highways within
their respective jurisdictions, to authorize preferential use
of highway lanes for HOVs. (Generally, HOV lanes require two
or more individuals in a vehicle, although in some areas of
the state, 3 or more individuals are required.)
2)Specifically provides that motorcycles, mass transit vehicles,
or paratransit vehicles may use HOV lanes (unless specifically
prohibited by a traffic control device) regardless of
occupancy level.
3)Requires Caltrans and local jurisdictions to place signs to
designate HOV lanes and to advise motorists of the requisite
occupancy levels and hours of HOV usage.
4)Prohibits any person from driving a vehicle in an HOV lane
except in conformity with the instructions imparted by the
sign or other traffic control devices.
Furthermore, existing federal law permits the use of motorcycles
in HOV lanes, unless a state determines that such use poses a
safety risk. In these instances, traffic control devices (e.g.,
signs) are required to inform motorists that motorcycles are
prohibited in the HOV lane. (According to the Federal Highway
Administration, the rationale behind allowing motorcycles to use
HOV lanes regardless of occupancy level is that it is safer to
keep two-wheeled vehicles moving than to have them travel in
start-and-stop traffic conditions.
AB 1535
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FISCAL EFFECT : Unknown
COMMENTS : California specifically authorized the use of
motorcycles in HOV lanes with the passage of AB 340 (Floyd),
Chapter 143, Statutes of 1991. Prior to 1991, Caltrans used
"Motorcycles OK" signs on HOV lanes and onramps to designate
specific HOV lane segments as suitable for motorcycle use.
According to Caltrans, the department began removing
"Motorcycles OK" signs after 1991 because state law had been
amended to specially permit motorcycles in HOV lanes, thereby
rendering the sign unnecessary.
The author has introduced this bill to "ensure that all
motorists are safe while traveling in HOV lanes and understand
the rules of motorcycle usage within them." The author asserts
that a lack of adequate notification that motorcycles are
permitted in California's HOV lanes puts motorcyclists at risk.
There are roughly 800,000 motorcycles registered in California,
out of approximately 28 million vehicles. Accidents involving
motorcycle fatalities account for nearly 10% of California's
fatal collisions.
Previous legislation: AB 2617 (Duvall) of 2008, would have
required Caltrans or local authorities, for roads within their
jurisdiction, to ensure signs are posted along HOV lanes that
indicate motorcycles are permitted in the lanes, where
applicable, and to coordinate placement of the signs in
conjunction with other work to minimize lane closures. That
bill passed the Legislature with only one "NO" vote; however, it
was subsequently vetoed by Governor Schwarzenegger. In his veto
message, the Governor stated that the bill required a
"significant expenditure" to post and replace and that the need
for "this costly signage program" had not been conclusively
established.
AB 340 (Floyd), Chapter 143, Statutes of 1991, authorized the
operation of motorcycles in HOV lanes, unless specifically
prohibited by a traffic control device.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1535
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ABATE of California
48 individuals
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093