Bill Text: CA AB2859 | 2021-2022 | Regular Session | Amended
Bill Title: Traffic-actuated signals: bicycles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-28 - Re-referred to Com. on TRANS. [AB2859 Detail]
Download: California-2021-AB2859-Amended.html
|
Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2859
| Introduced by Assembly Member Kiley |
February 18, 2022 |
An act to amend Section 23103 21453 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2859, as amended, Kiley.
Vehicles: reckless driving. Traffic-actuated signals: bicycles.
Existing law includes among traffic control devices, a traffic-actuated signal that displays one or more of its indications in response to the presence of traffic by mechanical, visual, electrical, or other means, and requires, upon the first placement of a traffic-actuated signal or replacement of the loop detector of a traffic-actuated signal, that the signal be installed and maintained, to the extent feasible and in conformance with professional engineering practices, so as to detect lawful bicycle traffic on the roadway. Existing law requires a driver facing a steady circular red signal alone or a stead red arrow signal 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 specified. A violation of these provisions is a crime.
This bill would authorize the operator of a bicycle, after coming to a complete stop at a steady red circular traffic-actuated signal or steady red arrow traffic-actuated signal, if a vehicle has not approached or is not approaching so closely as to constitute an immediate hazard, as defined. The bill would prohibit the operator of a bicycle from asserting as a defense that they proceeded under the belief that the signal was traffic actuated, if it was not or that the traffic-actuated signal was inoperative due to the size of the bicycle, if it was not.
Under existing law, a person who drives a vehicle in willful or wanton disregard for the safety of persons or property is guilty of the crime of reckless driving.
This bill would make a technical, nonsubstantive change to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
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) (1) 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.
(2) The operator of a bicycle, after stopping as required by subdivision (a), facing a steady circular red traffic-actuated signal that is inoperative due to the size of the bicycle may proceed if a vehicle has not approached or is not approaching so closely as to constitute an immediate hazard. It is not a defense to a violation of subdivision (a) that the operator of a bicycle proceeded under the belief that the signal was traffic actuated or that the
traffic-actuated signal was inoperative due to the size of the bicycle, if the signal was not traffic actuated or if the traffic-actuated signal was not inoperative due to the size of the bicycle.
(c) A(1) Except as provided in paragraph (2), 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.
(2) The operator of a bicycle, after stopping as required by paragraph (1), facing a steady red arrow traffic-actuated signal that is inoperative due to the size of the bicycle may proceed if a vehicle has not approached or is not approaching so closely as to constitute an immediate hazard. It is not a defense to a violation of paragraph (1) that the operator of a bicycle proceeded under the belief that the signal was traffic actuated or that the traffic-actuated signal was inoperative due to the size of the bicycle, if the signal was not traffic actuated or if the traffic-actuated signal was not inoperative due to the size of the bicycle.
(d) 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.
(e) As used in this section “immediate hazard” means an approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of collision or accident.
(a)A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b)A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c)Except as otherwise provided in Section 40008, a person convicted of the offense of reckless driving shall be punished by imprisonment in a
county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
