AB 43 California Assembly · 2021-2022 Regular Session

Traffic safety.

Summary
(1) Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law authorizes state and local authorities to adjust these default speed limits, as specified, based upon certain findings determined by an engineering and traffic survey. Existing law defines an engineering and traffic survey and prescribes specified factors that must be included in the survey, including prevailing speeds and road conditions. Existing law authorizes local authorities to consider additional factors, including pedestrian and bicyclist safety. This bill would authorize local authorities to consider the safety of vulnerable pedestrian groups, as specified. (2) Existing law establishes a prima facie speed limit of 25 miles per hour on any highway, other than a state highway, located in any business or residence district, as defined. Existing law authorizes a local authority to change the speed limit on any such highway, as prescribed, including erecting signs to give notice thereof. This bill would establish a prima facie speed limit of 25 miles per hour on state highways located in any business or residence district and would authorize the Department of Transportation (Caltrans) to change the speed limit on any such highway, as prescribed, including erecting signs to give notice thereof. (3) Existing law establishes a speed limit of 65 miles per hour on state highways, as specified. Existing law authorizes Caltrans to declare a speed limit on any such highway, as prescribed, of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, including erecting signs to give notice thereof. Existing law also authorizes a local authority, on a section of highway, other than a state highway, where the speed limit is 65 miles per hour to declare a lower speed limit, as specified. This bill would additionally authorize Caltrans and a local authority to declare a speed limit of 20 or 15 miles per hour, as specified, on these highways. (4) Existing law authorizes a local authority, without an engineering and traffic survey, to declare a lowered speed limit on portions of highway, as specified, approaching a school building or school grounds. Existing law limits this authority to sections of highway meeting specified requirements relating to the number of lanes and the speed limit of the highway before the school zone. This bill would similarly authorize a lowered speed limit on a section of highway contiguous to a business activity district, as defined, and would require that certain violations be subject to a warning citation, for the first 30 days of implementation. (5) Existing law requires Caltrans, by regulation, to provide for the rounding up or down to the nearest 5 miles per hour increment of the 85th percentile speed of free-flowing traffic on a portion of highway as determined by a traffic and engineering survey. Existing law requires the Judicial Council to create and implement an online tool by June 30, 2024, for the adjudication of traffic infractions, among other things. This bill would authorize a local authority to further reduce the speed limit, as specified, and require that certain violations be subject to a warning citation, for the first 30 days of implementation. The bill would, in some circumstances, authorize the reduction of a speed limit beginning June 30, 2024, or when the Judicial Council has developed an online tool for adjudicating traffic infraction violations, whichever is sooner. The bill would require Caltrans to accordingly revise the California Manual on Uniform Traffic Control Devices, as specified. (6) Existing law defines a speed trap and prohibits evidence of a driver's speed obtained through a speed trap from being admissible in court in any prosecution against a driver for a speed-related offense. Existing law deems a road where the speed limit is not justified by a traffic and engineering survey conducted within the previous 7 years to be a speed trap, unless the roadway has been evaluated by a registered engineer, as specified, in which case the speed limit remains enforceable for a period of 10 years. Existing law exempts a school zone, as defined, from certain provisions relating to defining a speed trap. This bill would extend the period that a speed limit justified by a traffic and engineering survey conducted more the 7 years ago remains valid, for purposes of speed enforcement, if evaluated by a registered engineer, as specified, to 14 years. This bill would also exempt a senior zone and business activity district, as defined, from those provisions.
Bill status signed all 5 stages cleared
Introduction
Dec 2020
Committee Review
Aug 2021
Assembly Passage
May 2021
Senate Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Dec 7, 2020 Signed Oct 8, 2021
Floor votes · Senate Sep 8, 2021 · Assembly May 10, 2021

How they voted

284
Passed · 5 other
Total votes 37
Sep 8, 2021
D Democratic29
25 Yea 4
86% Yea
R Republican8
3 Yea 4 Nay 1
50% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
11
Committee
7
Amendments
10
Oct 8, 2021
Signed into law
Approved by the Governor.
legislature
Sep 9, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 5. Page 2982.).
lower
Sep 8, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 8, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 5. Page 2494.).
upper
Sep 1, 2021
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 23, 2021
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 16, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Aug 16, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Jul 14, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 13, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 1.) (July 13).
upper
Jul 6, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS.
upper
Jun 25, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS.
upper
May 19, 2021
Committee
Referred to Com. on TRANS.
upper
May 10, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 3. Page 1360.)
lower
May 5, 2021
Lower · Passed
From committee: Do pass. (Ayes 14. Noes 1.) (May 5).
lower
Apr 20, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 19). Re-referred to Com. on APPR.
lower
Mar 23, 2021
Committee
Re-referred to Com. on TRANS.
lower
Mar 22, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
lower
Jan 11, 2021
Committee
Referred to Com. on TRANS.
lower
Dec 8, 2020
Lower · Passed
From printer. May be heard in committee January 7.
lower
1 primary · 11 co-sponsors

Sponsors