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AB-112 Highways: Safety Enhancement-Double Fine Zones.(2007-2008)

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AB112:v88#DOCUMENT

Assembly Bill No. 112
CHAPTER 258

An act to amend Section 97 of the Streets and Highways Code, relating to highways.

[ Approved by Governor  October 01, 2007. Filed with Secretary of State  October 01, 2007. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 112, Wolk. Highways: Safety Enhancement-Double Fine Zones.
Existing law establishes standards for the designation of a highway or road segment as a Safety Enhancement-Double Fine Zone and limits the term of such a zone to 4 years.
This bill would modify the standards for the designation of a segment of a state highway as a Safety Enhancement-Double Fine Zone, including requiring the Director of Transportation, in consultation with the Commissioner of the California Highway Patrol, to certify that a segment of state highway meets specified criteria. The bill would provide that designation as a Safety Enhancement-Double Fine Zone would be valid for a minimum of 2 years and would authorize the renewal and revocation of a designation, as specified. The bill would declare that a specified segment of State Highway Route 12 is eligible for designation as a Safety Enhancement-Double Fine Zone. The bill would also require the Department of Transportation to conduct a Safety Enhancement-Double Fine Zone study, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 97 of the Streets and Highways Code is amended to read:

97.
 (a) 
A state highway segment shall be designated by the department as a Safety Enhancement-Double Fine Zone if all of the following conditions have been satisfied:
(1)  The highway segment is eligible for designation pursuant to subdivision (b).
(2) The Director of Transportation, in consultation with the Commissioner of the California Highway Patrol, certifies that the segment identified in subdivision (b) meets all of the following criteria:
(A) The highway segment is a conventional highway or expressway and is part of the state highway system.
(B) The rate of total collisions per mile per year on the segment under consideration has been at least 1.5 times the statewide average for similar roadway types during the most recent three-year period for which data are available.
(C) The rate of head-on collisions per mile per year on the segment under consideration has been at least 1.5 times the statewide average for similar roadway types during the most recent three-year period for which data are available.
(3) The Department of the California Highway Patrol or local agency having traffic enforcement jurisdiction, as the case may be, has concurred with the designation.
(4) The governing board of each city, or county with respect to an unincorporated area, in which the segment is located has by resolution indicated that it supports the designation.
(5) An active public awareness effort to change driving behavior is ongoing either by the local agency with jurisdiction over the segment or by another state or local entity.
(6) Other traffic safety enhancements, including, but not limited to, increased enforcement and other roadway safety measures, are in place or are being implemented concurrent with the designation of the Safety Enhancement-Double Fine Zone.
(b) The following segments are eligible for designation as a Safety Enhancement-Double Fine Zone pursuant to subdivision (a):
State Highway Route 12 between the State Highway Route 80 junction in Solano County and the State Highway Route 5 junction in San Joaquin County.
(c) Designation of a segment as a Safety Enhancement-Double Fine Zone by the department shall be done in writing and a written notification shall be provided to the court with jurisdiction over the area in which the highway segment is located. The designation shall be valid for a minimum of two years from the date of submission to the court.
(d) After the two-year period, and at least every two years thereafter, the department, in consultation with the Department of the California Highway Patrol, shall evaluate whether the highway segment continues to meet the conditions set forth in subdivision (a). If the segment meets those conditions, the department shall renew the designation in which case an updated notification shall be sent to the court. If the department, in consultation with the Department of the California Highway Patrol, determines that any of those conditions no longer apply to a segment designated as a Safety Enhancement-Double Fine Zone under this section, the department shall revoke the designation and the segment shall cease to be a Safety Enhancement-Double Fine Zone.
(e) A Safety Enhancement-Double Fine Zone is subject to the rules and regulations adopted by the department prescribing uniform standards for warning signs to notify motorists that, pursuant to Section 42010 of the Vehicle Code, increased penalties apply for traffic violations that are committed within a Safety Enhancement-Double Fine Zone.
(f) (1) The department or the local authority having jurisdiction over these highway and road segments shall place and maintain the warning signs identifying these segments by stating that a “Special Safety Zone Region Begins Here” and a “Special Safety Zone Ends Here.”
(2) Increased penalties shall apply to violations under Section 42010 of the Vehicle Code only if appropriate signage is in place pursuant to this subdivision.
(3) If designation as a Safety Enhancement-Double Fine Zone is revoked pursuant to subdivision (d), the department shall be responsible for removal of all signage placed pursuant to this subdivision.
(g) Safety Enhancement-Double Fine Zones do not increase the civil liability of the state or local authority having jurisdiction over the highway segment under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other provision of law relating to civil liability.
(1) Only the base fine shall be enhanced pursuant to this section.
(2) Notwithstanding any other provision of law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section.
(h) The projects specified as a Safety Enhancement-Double Fine Zone shall not be elevated in priority for state funding purposes.
(i) The requirements of subdivision (a) shall not apply to the Safety Enhancement-Double Fine Zone established prior to the effective date of this subdivision pursuant to Section 97.4.
(j) The department shall conduct a Safety Enhancement-Double Fine Zone study that relates to pedestrian injuries and fatalities and evaluates the appropriateness of adding additional criteria to subdivision (a) and whether changes or additional criteria should be considered for adoption.
(k) The department shall conduct an evaluation of the effectiveness of all double fine zones that will terminate the same calendar year and submit its findings in one report to the Assembly Committee on Transportation and the Senate Committee on Transportation and Housing one year prior to the termination of the double fine zones. The report shall include a recommendation on whether the zones should be reauthorized by the Legislature.