Bill Text: CA AB1725 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1725 (Prior Session Legislation)

Bill Title: Vehicles: automated traffic enforcement systems.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1725 Detail]

Download: California-2015-AB1725-Amended.html

BILL NUMBER: AB 1725	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 7, 2016

INTRODUCED BY   Assembly Member Wagner

                        JANUARY 28, 2016

   An act to amend  Sections 21453, 42001.15, and 42007.3
  Section 21455  of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1725, as amended, Wagner. Vehicles: automated traffic
enforcement systems. 
   Existing law defines an "official traffic control signal" as any
device, whether manually, electrically, or mechanically operated, by
which traffic is alternately directed to stop and proceed and which
is erected by authority of a public body or official having
jurisdiction.  
   Existing law states that any required stop be made at a sign,
crosswalk, or limit line indicating where the stop is to be made,
but, in the absence of that sign or marking, existing law requires
that the stop be made at the official traffic control signal. 

   This bill would expressly state that a stop is required to be made
at an official traffic control signal erected and maintained at a
freeway or highway on ramp. This bill would also make technical,
nonsubstantive changes to that provision.  
   Existing law requires a driver facing a steady circular red signal
alone to stop at a marked limit line, but if none, before entering
the crosswalk on the near side of the intersection, or if none, then
before entering the intersection, and to remain stopped until an
indication to proceed is shown, except as provided. A violation of
this provision is an infraction punishable by a fine of $100.
 
   This bill would also require a driver facing a steady circular red
signal alone at a freeway or highway onramp signal, to stop at a
marked limit line, but if none, before the signal, and to remain
stopped until an indication to proceed is shown. The bill would make
a violation of this requirement an infraction punishable by a fine of
$50. By creating a new crime, this bill would impose a
state-mandated local program.  
   The bill would also make a conforming change.  
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21455 of the   Vehicle
Code   is amended to read: 
   21455.  When an official traffic control signal is erected and
maintained at a place other than an intersection,  including a
freeway or highway on ramp,  the provisions of this article
shall  be applicable   apply,  except those
provisions  which   that  by their nature
can have no application. Any stop required shall be made at a
 sign or crosswalk   sign, crosswalk,  or
limit line indicating where the stop shall be made,  but
  but,  in the absence of  any such
  that  sign or  marking  
marking,  the stop shall be made at the signal. 
  SECTION 1.    Section 21453 of the Vehicle Code is
amended to read:
   21453.  (a) A driver facing a steady circular red signal alone
shall stop at a marked limit line, but if none, before entering the
crosswalk on the near side of the intersection or, if none, then
before entering the intersection, and shall remain stopped until an
indication to proceed is shown, except as provided in subdivision
(b).
   (b) Except when a sign is in place prohibiting a turn, a driver,
after stopping as required by subdivision (a), facing a steady
circular red signal, may turn right, or turn left from a one-way
street onto a one-way street. A driver making that turn shall yield
the right-of-way to pedestrians lawfully within an adjacent crosswalk
and to any vehicle that has approached or is approaching so closely
as to constitute an immediate hazard to the driver, and shall
continue to yield the right-of-way to that vehicle until the driver
can proceed with reasonable safety.
   (c) A driver facing a steady red arrow signal shall not enter the
intersection to make the movement indicated by the arrow and, unless
entering the intersection to make a movement permitted by another
signal, shall stop at a clearly marked limit line, but if none,
before entering the crosswalk on the near side of the intersection,
or if none, then before entering the intersection, and shall remain
stopped until an indication permitting movement is shown.
   (d) A driver facing a steady circular red signal alone at a
freeway or highway onramp shall stop at a marked limit line, but if
none, before the signal, and shall remain stopped until an indication
to proceed is shown.
   (e) Unless otherwise directed by a pedestrian control signal as
provided in Section 21456, a pedestrian facing a steady circular red
or red arrow signal shall not enter the roadway.  
  SEC. 2.    Section 42001.15 of the Vehicle Code is
amended to read:
   42001.15.  (a) Every person convicted of an infraction for a
violation of subdivision (a) or (c) of Section 21453, subdivision (c)
of Section 21454, or subdivision (a) of Section 21457 shall be
punished by a fine of one hundred dollars ($100).
   (b) Every person convicted of an infraction for a violation of
subdivision (d) of Section 21453 shall be punished by a fine of fifty
dollars ($50).  
  SEC. 3.    Section 42007.3 of the Vehicle Code is
amended to read:
   42007.3.  (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 41501
or 42005 as a result of a violation of subdivision (a), (c), or (d)
of Section 21453, subdivision (c) of Section 21454, or subdivision
(a) of Section 21457 shall be allocated as follows:
   (1) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
   (2) The balance of the amount collected shall be deposited by the
county treasurer under Section 42007.
   (b) This section does not apply to the additional
forty-nine-dollar ($49) court administrative fee assessed pursuant to
subdivision (c) of Section 11208 collected under subdivision (a) of
Section 42007.1.  
  SEC. 4.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.