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SB-848 Vehicles: speed trap.(2007-2008)

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SB848:v97#DOCUMENT

Amended  IN  Senate  April 16, 2007
Amended  IN  Senate  March 26, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 848

Introduced  by  Senator Corbett

February 23, 2007

An act to amend Section 627 of, to add Sections 22358.6 and 22358.7 to, and to repeal and add Section 40802 of, 40802 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 848, as amended, Corbett. Vehicles: engineering and traffic survey: speed trap.

(1)Existing law defines the term “engineering and traffic survey,” for purposes of the Vehicle Code, as meaning a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.

This bill would require that those methods consist of the methods specified in the department’s Manual for Uniform Traffic Control Devices, California Supplement, as revised from time to time. The bill would also require that the posted speed limit be rounded down to the nearest 5 miles per hour increment of the 85th percentile speed.

The bill would require an engineering and traffic survey to be conducted in consultation with the law enforcement agency that has primary traffic jurisdiction over the highway that is surveyed.

The bill would also require the Department of Transportation or a city or county to conduct an engineering and traffic survey when there is a significant modification to a highway, including, but not limited to, a change in width, curvature, grade, intersection, or surface condition in that highway.

Because this bill would increase the level of services imposed on a city or county, this bill would impose a state-mandated local program.

(2)Existing law authorizes a city or county to increase or decrease an existing speed limit on a particular portion of a highway in accordance with specific statutory authority.

This bill would require a local city or county prior to increasing or decreasing a speed limit based upon an engineering and traffic survey to consult with, and take into account the traffic safety considerations of, the local law enforcement agency that has primary traffic responsibility for that particular portion of the highway.

(3)

(1) Existing law prohibits a peace officer or other person from using a speed trap in arresting a person for violating the Vehicle Code. Existing law defines the term “speed trap” for that and related purposes to include, in the alternative, either of the following: (A) a particular section of highway as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance; or (B) a particular section of a highway with a prima facie speed limit as provided by the Vehicle Code or by local ordinance, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within 5 or 7, years, as specified prior to the date of an alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects.
This bill would delete (B) as an exclude from the (B) alternative definition of the term “speed trap.” trap” instances when an arresting officer is able to demonstrate that the driver’s speed exceeded the prima facie speed limit by at least 15 miles per hour and the speed is greater than is reasonable and prudent having due regard for certain highway factors, or at a speed that endangers the safety of persons or property.

(4)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Because this bill would increase the number of speeding cases subject to prosecution, this bill would impose a state-mandated local program by increasing the level of services imposed on local law enforcement agencies.
(2) 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   Local Program: YES  

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


SECTION 1.

 Section 40802 of the Vehicle Code is amended to read:

40802.
 (a) A “speed trap” is either of the following:
(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
(2) (A) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph
(B) Subparagraph (A) does not apply to a either of the following:
(i) A local street, road, or school zone.
(ii) When an arresting officer is able to demonstrate that the driver’s speed exceeded the prima facie speed limit by at least 15 miles per hour and that speed is greater than is reasonable and prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, or at a speed that endangers the safety of persons or property.
(b) (1) For purposes of this section, a local street or road is defined by the latest functional usage and federal-aid system maps submitted to the federal Highway Administration, except that when these maps have not been submitted, or when the street or road is not shown on the maps, a “local street or road” means a street or road that primarily provides access to abutting residential property and meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section “school zone” means that area approaching or passing a school building or the grounds thereof that is contiguous to a highway and on which is posted a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. “School zone” also includes the area approaching or passing any 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 if that highway is posted with a standard “SCHOOL” warning sign.
(c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable:
(A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.
(2) A “speed trap” is either of the following:
(A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
(B) (i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10 years.
(ii) This subparagraph does not apply to a local street, road, or school zone.

SEC. 2.

 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.