Bill Text: CA AB1238 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pedestrian access.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2022-02-03 - Consideration of Governor's veto stricken from file. [AB1238 Detail]

Download: California-2021-AB1238-Amended.html

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Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1238

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Introduced by Assembly Member Ting

February 19, 2021

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An act relating to transportation. to amend Sections 21452 and 21462 of, to repeal Sections 21956 and 21961 of, and to repeal and add Section 21955 of, the Vehicle Code, relating to pedestrians.

LEGISLATIVE COUNSEL'S DIGEST

AB 1238, as amended, Ting. Transportation. Pedestrian access.

Existing law makes various provisions relating to the rules of the road, including but not limited to, traffic signs, symbols, and markings, and pedestrians’ rights and duties. Under existing law, a violation of these provisions is an infraction.

Existing law prohibits a pedestrian from entering the roadway if the pedestrian is facing a steady circular yellow or yellow arrow warning signal unless otherwise directed by a pedestrian control signal, as specified.

This bill would delete that prohibition.

Existing law requires the diver of a vehicle and other specified persons, including a pedestrian, to obey the instructions of any official traffic signal applicable to the person and placed as provided by law, unless otherwise directed by a police or traffic officer, or other specified conditions exist.

This bill would exempt a pedestrian from that requirement.

Existing law prohibits a pedestrian from crossing at any place except a crosswalk between adjacent intersections controlled by traffic control signal devices or by police officers. Existing law requires a pedestrian to walk close to the left-hand edge of a roadway outside of a business or residence district, except as specified.

This bill would repeal those provisions. The bill would prohibit a pedestrian who crosses or enters a roadway when no cars are present from being subject to a fine or criminal penalty.

Existing law declares that provisions relating to pedestrian access do not prevent local authorities from adopting ordinances prohibiting pedestrians from crossing roadways at other than crosswalks.

This bill would delete that authorization.

Existing law establishes the Transportation Agency, which consists of various departments and state entities, including the California Transportation Commission and the Department of Transportation. Existing law provides that the department shall have full possession and control of all state highways and associated property. Existing law provides various sources of revenue for transportation projects undertaken by state and local agencies.

This bill would express the intent of the Legislature to enact legislation relating to transportation.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 21452 of the Vehicle Code is amended to read:

21452.

 (a) A driver facing a steady circular yellow or yellow arrow signal is, by that signal, warned that the related green movement is ending or that a red indication will be shown immediately thereafter.

(b) A pedestrian facing a steady circular yellow or a yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in Section 21456, is, by that signal, warned that there is insufficient time to cross the roadway and shall not enter the roadway.

SEC. 2.

 Section 21462 of the Vehicle Code is amended to read:

21462.

 The driver of any a vehicle, the person in charge of any animal, any pedestrian, an animal, and the motorman of any operator of a streetcar shall obey the instructions of any an official traffic signal applicable to him the person and placed as provided by law, unless otherwise directed by a police or traffic officer or when it is necessary for the purpose of avoiding a collision or in case of other emergency, subject to the exemptions granted by Section 21055.

SEC. 3.

 Section 21955 of the Vehicle Code is repealed.

21955.

Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

SEC. 4.

 Section 21955 is added to the Vehicle Code, to read:

21955.

 Notwithstanding any other law, a pedestrian shall not be subject to a fine or criminal penalty for crossing or entering a roadway when no cars are present.

SEC. 5.

 Section 21956 of the Vehicle Code is repealed.

21956.

(a)No pedestrian may walk upon any roadway outside of a business or residence district otherwise than close to his or her left-hand edge of the roadway.

(b)A pedestrian may walk close to his or her right-hand edge of the roadway if a crosswalk or other means of safely crossing the roadway is not available or if existing traffic or other conditions would compromise the safety of a pedestrian attempting to cross the road.

SEC. 6.

 Section 21961 of the Vehicle Code is repealed.

21961.

This chapter does not prevent local authorities from adopting ordinances prohibiting pedestrians from crossing roadways at other than crosswalks.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to transportation.