California 2021 2021-2022 Regular Session

California Assembly Bill AB1938 Amended / Bill

Filed 06/16/2022

                    Amended IN  Senate  June 16, 2022 Amended IN  Senate  June 13, 2022 Amended IN  Assembly  March 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1938Introduced by Assembly Member Friedman Members Friedman, Quirk, and Ting(Coauthors: Assembly Members Boerner Horvath and Gipson)(Coauthor: Senator Portantino)February 10, 2022An act to amend Section 22358.6 of the Vehicle Code, relating to traffic safety.LEGISLATIVE COUNSEL'S DIGESTAB 1938, as amended, Friedman. Traffic safety: speed limits.Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law requires the Department of Transportation (Caltrans), by regulation, to require Caltrans or a local authority to round speed limits up or down to the nearest 5 miles per hour of the 85th percentile of free-flowing traffic.This bill would, if the speed limit needs to be rounded down to the nearest 5 miles per hour increment of the 85th-percentile speed, authorize Caltrans or a local authority to lower the speed limit by 5 miles per hour from the nearest 5 miles per hour of the 85th percentile, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22358.6 of the Vehicle Code is amended to read:22358.6. (a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, 22353.5, 22358.3, and 22360, if applicable.(c) 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. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b). (d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.

 Amended IN  Senate  June 16, 2022 Amended IN  Senate  June 13, 2022 Amended IN  Assembly  March 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1938Introduced by Assembly Member Friedman Members Friedman, Quirk, and Ting(Coauthors: Assembly Members Boerner Horvath and Gipson)(Coauthor: Senator Portantino)February 10, 2022An act to amend Section 22358.6 of the Vehicle Code, relating to traffic safety.LEGISLATIVE COUNSEL'S DIGESTAB 1938, as amended, Friedman. Traffic safety: speed limits.Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law requires the Department of Transportation (Caltrans), by regulation, to require Caltrans or a local authority to round speed limits up or down to the nearest 5 miles per hour of the 85th percentile of free-flowing traffic.This bill would, if the speed limit needs to be rounded down to the nearest 5 miles per hour increment of the 85th-percentile speed, authorize Caltrans or a local authority to lower the speed limit by 5 miles per hour from the nearest 5 miles per hour of the 85th percentile, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  June 16, 2022 Amended IN  Senate  June 13, 2022 Amended IN  Assembly  March 07, 2022

Amended IN  Senate  June 16, 2022
Amended IN  Senate  June 13, 2022
Amended IN  Assembly  March 07, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1938

Introduced by Assembly Member Friedman Members Friedman, Quirk, and Ting(Coauthors: Assembly Members Boerner Horvath and Gipson)(Coauthor: Senator Portantino)February 10, 2022

Introduced by Assembly Member Friedman Members Friedman, Quirk, and Ting(Coauthors: Assembly Members Boerner Horvath and Gipson)(Coauthor: Senator Portantino)
February 10, 2022

An act to amend Section 22358.6 of the Vehicle Code, relating to traffic safety.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1938, as amended, Friedman. Traffic safety: speed limits.

Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law requires the Department of Transportation (Caltrans), by regulation, to require Caltrans or a local authority to round speed limits up or down to the nearest 5 miles per hour of the 85th percentile of free-flowing traffic.This bill would, if the speed limit needs to be rounded down to the nearest 5 miles per hour increment of the 85th-percentile speed, authorize Caltrans or a local authority to lower the speed limit by 5 miles per hour from the nearest 5 miles per hour of the 85th percentile, as specified.

Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law requires the Department of Transportation (Caltrans), by regulation, to require Caltrans or a local authority to round speed limits up or down to the nearest 5 miles per hour of the 85th percentile of free-flowing traffic.

This bill would, if the speed limit needs to be rounded down to the nearest 5 miles per hour increment of the 85th-percentile speed, authorize Caltrans or a local authority to lower the speed limit by 5 miles per hour from the nearest 5 miles per hour of the 85th percentile, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 22358.6 of the Vehicle Code is amended to read:22358.6. (a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, 22353.5, 22358.3, and 22360, if applicable.(c) 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. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b). (d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.

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 22358.6 of the Vehicle Code is amended to read:22358.6. (a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, 22353.5, 22358.3, and 22360, if applicable.(c) 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. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b). (d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.

SECTION 1. Section 22358.6 of the Vehicle Code is amended to read:

### SECTION 1.

22358.6. (a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, 22353.5, 22358.3, and 22360, if applicable.(c) 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. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b). (d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.

22358.6. (a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, 22353.5, 22358.3, and 22360, if applicable.(c) 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. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b). (d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.

22358.6. (a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, 22353.5, 22358.3, and 22360, if applicable.(c) 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. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b). (d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.



22358.6. (a) The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.

(b) In cases in which the speed limit needs to be rounded down to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may lower the speed limit by five miles per hour from the nearest five mile per hour increment of the 85th-percentile speed, in compliance with Sections 627 and 22358.5 and the California Manual on Uniform Traffic Control Devices, as it read on March 30, 2021, if the reasons for the lower speed limit are documented in an engineering and traffic survey. The Department of Transportation or a local authority may also take into consideration Sections 22353, 22353.2, 22353.3, 22353.4, 22353.5, 22358.3, and 22360, if applicable.

(c) 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. If the speed limit is rounded down pursuant to this subdivision, the speed limit shall not be reduced any further pursuant to subdivision (b).

 (d) In addition to subdivisions (b) and (c), a local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.