Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2363Introduced by Assembly Member FriedmanFebruary 14, 2018 An act to amend Sections 22358, 22358.3, and 22358.4 627 and 21400 of the Vehicle Code, relating to speed laws. LEGISLATIVE COUNSEL'S DIGESTAB 2363, as amended, Friedman. Speed laws: local authority. Vehicles: speed laws.(1) Existing law requires a survey of highway and traffic conditions conducted by a state or local authority for the purpose of setting speed limits to include consideration of certain factors, including prevailing speeds and accident records. Existing law also authorizes a local authority conducting such a survey to consider additional factors, including pedestrian and bicycle safety and residential density, as specified.This bill would additionally authorize a local authority conducting the survey described above to consider the potential for, and frequency of, traffic collisions resulting in death or injury.(2) Existing law requires the Department of Transportation to include in the California Manual on Uniform Traffic Control Devices, a requirement that the department and local authorities, when setting speed limits, round speed limits to the nearest 5 miles per hour of the 85th percentile speed of traffic as determined by an engineering and traffic survey. Existing law authorizes the department or a local authority to round the speed limit down to the lower 5 miles per hour increment in instances when the speed limit should be rounded up, but prohibits that speed limit from being further reduced for any reason.This bill would instead require the department to revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2018, to authorize the department or a local authority to round speed limits to within 5 miles per hour of the 85th-percentile of the free-flowing traffic. The bill would also authorize the department or local authority to reduce the speed limit an additional 5 miles per hour for any of the factors described in paragraph (1) above.Existing law authorizes a local authority to establish lower speed limits under certain circumstances for specified streets and roadways if the local authority determines on the basis of an engineering and traffic survey that the existing speed limit is more than is reasonable or safe. This bill would authorize a local authority to make that determination and establish those lower speed limits on the basis of an accident survey.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 627 of the Vehicle Code is amended to read:627. (a) Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:(1) Prevailing speeds as determined by traffic engineering measurements.(2) Accident records.(3) Highway, traffic, and roadside conditions not readily apparent to the driver.(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) (b), may consider all of the following:(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).(2) Pedestrian and bicyclist safety.(3) Potential for, and frequency of, traffic collisions resulting in death or injury.SEC. 2. Section 21400 of the Vehicle Code is amended to read:21400. (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.(2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.(3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.(4) Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.(b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, 2018, to require authorize the Department of Transportation or a local authority to round speed limits to the nearest within five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the The Department of Transportation or a local authority shall not may reduce the speed limit any further an additional five miles per hour for any reason. of the factors described in subdivisions (b) and (c) of Section 627.SECTION 1.Section 22358 of the Vehicle Code is amended to read:22358.(a)Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.(b)This section shall become operative on the date specified in subdivision (c) of Section 22366.SEC. 2.Section 22358.3 of the Vehicle Code is amended to read:22358.3.Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.SEC. 3.Section 22358.4 of the Vehicle Code is amended to read:22358.4.(a)(1)Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the prima facie speed limit of 25 miles per hour established by subdivision (b) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.(2)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.(b)(1)Notwithstanding subdivision (a) or any other law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:(A)A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.(B)A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour.(2)The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:(A)A maximum of two traffic lanes.(B)A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone.(3)The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel.(4)When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.(5)(A)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.(B)For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds.(C)For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds.(D)A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision.
Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2363Introduced by Assembly Member FriedmanFebruary 14, 2018 An act to amend Sections 22358, 22358.3, and 22358.4 627 and 21400 of the Vehicle Code, relating to speed laws. LEGISLATIVE COUNSEL'S DIGESTAB 2363, as amended, Friedman. Speed laws: local authority. Vehicles: speed laws.(1) Existing law requires a survey of highway and traffic conditions conducted by a state or local authority for the purpose of setting speed limits to include consideration of certain factors, including prevailing speeds and accident records. Existing law also authorizes a local authority conducting such a survey to consider additional factors, including pedestrian and bicycle safety and residential density, as specified.This bill would additionally authorize a local authority conducting the survey described above to consider the potential for, and frequency of, traffic collisions resulting in death or injury.(2) Existing law requires the Department of Transportation to include in the California Manual on Uniform Traffic Control Devices, a requirement that the department and local authorities, when setting speed limits, round speed limits to the nearest 5 miles per hour of the 85th percentile speed of traffic as determined by an engineering and traffic survey. Existing law authorizes the department or a local authority to round the speed limit down to the lower 5 miles per hour increment in instances when the speed limit should be rounded up, but prohibits that speed limit from being further reduced for any reason.This bill would instead require the department to revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2018, to authorize the department or a local authority to round speed limits to within 5 miles per hour of the 85th-percentile of the free-flowing traffic. The bill would also authorize the department or local authority to reduce the speed limit an additional 5 miles per hour for any of the factors described in paragraph (1) above.Existing law authorizes a local authority to establish lower speed limits under certain circumstances for specified streets and roadways if the local authority determines on the basis of an engineering and traffic survey that the existing speed limit is more than is reasonable or safe. This bill would authorize a local authority to make that determination and establish those lower speed limits on the basis of an accident survey.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly April 02, 2018
Amended IN Assembly April 02, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2363
Introduced by Assembly Member FriedmanFebruary 14, 2018
Introduced by Assembly Member Friedman
February 14, 2018
An act to amend Sections 22358, 22358.3, and 22358.4 627 and 21400 of the Vehicle Code, relating to speed laws.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2363, as amended, Friedman. Speed laws: local authority. Vehicles: speed laws.
(1) Existing law requires a survey of highway and traffic conditions conducted by a state or local authority for the purpose of setting speed limits to include consideration of certain factors, including prevailing speeds and accident records. Existing law also authorizes a local authority conducting such a survey to consider additional factors, including pedestrian and bicycle safety and residential density, as specified.This bill would additionally authorize a local authority conducting the survey described above to consider the potential for, and frequency of, traffic collisions resulting in death or injury.(2) Existing law requires the Department of Transportation to include in the California Manual on Uniform Traffic Control Devices, a requirement that the department and local authorities, when setting speed limits, round speed limits to the nearest 5 miles per hour of the 85th percentile speed of traffic as determined by an engineering and traffic survey. Existing law authorizes the department or a local authority to round the speed limit down to the lower 5 miles per hour increment in instances when the speed limit should be rounded up, but prohibits that speed limit from being further reduced for any reason.This bill would instead require the department to revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2018, to authorize the department or a local authority to round speed limits to within 5 miles per hour of the 85th-percentile of the free-flowing traffic. The bill would also authorize the department or local authority to reduce the speed limit an additional 5 miles per hour for any of the factors described in paragraph (1) above.Existing law authorizes a local authority to establish lower speed limits under certain circumstances for specified streets and roadways if the local authority determines on the basis of an engineering and traffic survey that the existing speed limit is more than is reasonable or safe. This bill would authorize a local authority to make that determination and establish those lower speed limits on the basis of an accident survey.
(1) Existing law requires a survey of highway and traffic conditions conducted by a state or local authority for the purpose of setting speed limits to include consideration of certain factors, including prevailing speeds and accident records. Existing law also authorizes a local authority conducting such a survey to consider additional factors, including pedestrian and bicycle safety and residential density, as specified.
This bill would additionally authorize a local authority conducting the survey described above to consider the potential for, and frequency of, traffic collisions resulting in death or injury.
(2) Existing law requires the Department of Transportation to include in the California Manual on Uniform Traffic Control Devices, a requirement that the department and local authorities, when setting speed limits, round speed limits to the nearest 5 miles per hour of the 85th percentile speed of traffic as determined by an engineering and traffic survey. Existing law authorizes the department or a local authority to round the speed limit down to the lower 5 miles per hour increment in instances when the speed limit should be rounded up, but prohibits that speed limit from being further reduced for any reason.
This bill would instead require the department to revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2018, to authorize the department or a local authority to round speed limits to within 5 miles per hour of the 85th-percentile of the free-flowing traffic. The bill would also authorize the department or local authority to reduce the speed limit an additional 5 miles per hour for any of the factors described in paragraph (1) above.
Existing law authorizes a local authority to establish lower speed limits under certain circumstances for specified streets and roadways if the local authority determines on the basis of an engineering and traffic survey that the existing speed limit is more than is reasonable or safe.
This bill would authorize a local authority to make that determination and establish those lower speed limits on the basis of an accident survey.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 627 of the Vehicle Code is amended to read:627. (a) Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:(1) Prevailing speeds as determined by traffic engineering measurements.(2) Accident records.(3) Highway, traffic, and roadside conditions not readily apparent to the driver.(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) (b), may consider all of the following:(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).(2) Pedestrian and bicyclist safety.(3) Potential for, and frequency of, traffic collisions resulting in death or injury.SEC. 2. Section 21400 of the Vehicle Code is amended to read:21400. (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.(2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.(3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.(4) Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.(b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, 2018, to require authorize the Department of Transportation or a local authority to round speed limits to the nearest within five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the The Department of Transportation or a local authority shall not may reduce the speed limit any further an additional five miles per hour for any reason. of the factors described in subdivisions (b) and (c) of Section 627.SECTION 1.Section 22358 of the Vehicle Code is amended to read:22358.(a)Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.(b)This section shall become operative on the date specified in subdivision (c) of Section 22366.SEC. 2.Section 22358.3 of the Vehicle Code is amended to read:22358.3.Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.SEC. 3.Section 22358.4 of the Vehicle Code is amended to read:22358.4.(a)(1)Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the prima facie speed limit of 25 miles per hour established by subdivision (b) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.(2)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.(b)(1)Notwithstanding subdivision (a) or any other law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:(A)A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.(B)A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour.(2)The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:(A)A maximum of two traffic lanes.(B)A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone.(3)The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel.(4)When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.(5)(A)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.(B)For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds.(C)For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds.(D)A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 627 of the Vehicle Code is amended to read:627. (a) Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:(1) Prevailing speeds as determined by traffic engineering measurements.(2) Accident records.(3) Highway, traffic, and roadside conditions not readily apparent to the driver.(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) (b), may consider all of the following:(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).(2) Pedestrian and bicyclist safety.(3) Potential for, and frequency of, traffic collisions resulting in death or injury.
SECTION 1. Section 627 of the Vehicle Code is amended to read:
### SECTION 1.
627. (a) Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:(1) Prevailing speeds as determined by traffic engineering measurements.(2) Accident records.(3) Highway, traffic, and roadside conditions not readily apparent to the driver.(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) (b), may consider all of the following:(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).(2) Pedestrian and bicyclist safety.(3) Potential for, and frequency of, traffic collisions resulting in death or injury.
627. (a) Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:(1) Prevailing speeds as determined by traffic engineering measurements.(2) Accident records.(3) Highway, traffic, and roadside conditions not readily apparent to the driver.(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) (b), may consider all of the following:(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).(2) Pedestrian and bicyclist safety.(3) Potential for, and frequency of, traffic collisions resulting in death or injury.
627. (a) Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:(1) Prevailing speeds as determined by traffic engineering measurements.(2) Accident records.(3) Highway, traffic, and roadside conditions not readily apparent to the driver.(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) (b), may consider all of the following:(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).(2) Pedestrian and bicyclist safety.(3) Potential for, and frequency of, traffic collisions resulting in death or injury.
627. (a) Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.
(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:
(1) Prevailing speeds as determined by traffic engineering measurements.
(2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver.
(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) (b), may consider all of the following:
(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:
(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.
(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).
(2) Pedestrian and bicyclist safety.
(3) Potential for, and frequency of, traffic collisions resulting in death or injury.
SEC. 2. Section 21400 of the Vehicle Code is amended to read:21400. (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.(2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.(3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.(4) Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.(b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, 2018, to require authorize the Department of Transportation or a local authority to round speed limits to the nearest within five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the The Department of Transportation or a local authority shall not may reduce the speed limit any further an additional five miles per hour for any reason. of the factors described in subdivisions (b) and (c) of Section 627.
SEC. 2. Section 21400 of the Vehicle Code is amended to read:
### SEC. 2.
21400. (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.(2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.(3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.(4) Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.(b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, 2018, to require authorize the Department of Transportation or a local authority to round speed limits to the nearest within five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the The Department of Transportation or a local authority shall not may reduce the speed limit any further an additional five miles per hour for any reason. of the factors described in subdivisions (b) and (c) of Section 627.
21400. (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.(2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.(3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.(4) Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.(b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, 2018, to require authorize the Department of Transportation or a local authority to round speed limits to the nearest within five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the The Department of Transportation or a local authority shall not may reduce the speed limit any further an additional five miles per hour for any reason. of the factors described in subdivisions (b) and (c) of Section 627.
21400. (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.(2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.(3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.(4) Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.(b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, 2018, to require authorize the Department of Transportation or a local authority to round speed limits to the nearest within five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the The Department of Transportation or a local authority shall not may reduce the speed limit any further an additional five miles per hour for any reason. of the factors described in subdivisions (b) and (c) of Section 627.
21400. (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.
(2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.
(3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.
(4) Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.
(b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, 2018, to require authorize the Department of Transportation or a local authority to round speed limits to the nearest within five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the The Department of Transportation or a local authority shall not may reduce the speed limit any further an additional five miles per hour for any reason. of the factors described in subdivisions (b) and (c) of Section 627.
(a)Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.
(b)This section shall become operative on the date specified in subdivision (c) of Section 22366.
Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street.
(a)(1)Whenever a local authority determines upon the basis of an engineering and traffic survey or an accident survey that the prima facie speed limit of 25 miles per hour established by subdivision (b) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.
(2)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.
(b)(1)Notwithstanding subdivision (a) or any other law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:
(A)A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.
(B)A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour.
(2)The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:
(A)A maximum of two traffic lanes.
(B)A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone.
(3)The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel.
(4)When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.
(5)(A)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.
(B)For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds.
(C)For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds.
(D)A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision.