CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2744

Introduced by Assembly Member McCarty

February 15, 2024

An act to add Section 1803.5 to the Streets and Highways Code, and to amend Sections 21209, 21211, 21450.5, and 22500 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2744, as introduced, McCarty. Vehicles: pedestrian, bicycle, and vehicle safety.
(1) Existing law authorizes the legislative body of a city to do any and all things necessary to lay out, acquire, and construct a section or portion of a street or highway within its jurisdiction as a freeway and to make an existing street or highway a freeway. Existing law authorizes a legislative body of a city, whenever this legislative body determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads within the city, to contract with the board of supervisors of any county for the rental of the county’s equipment, as specified.
This bill would, beginning on January 1, 2025, prohibit the addition of a right-turn or travel lane within 20 feet of a marked or unmarked crosswalk where there is not already a dedicated and marked right-turn or travel lane, and would prohibit vehicles from using this 20-foot area for right turns unless the area is already marked as a dedicated right-turn lane before January 1, 2025.
(2) Existing law prohibits the stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present, as specified, except a local authority may permit commercial vehicle loading or unloading within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk, as specified, and permit parking for bicycles or motorized scooters within 20 feet of a crosswalk. A violation of the Vehicle Code is an infraction.
This bill would also authorize a local authority to install a bicycle lane within 20 feet of a crosswalk. The bill would prohibit the stopping, standing, or parking of a vehicle on a median, as defined.
By creating a new infraction, this bill would create a state-mandated local program.
(3) Existing law prohibits a person from driving a motor vehicle in a bicycle lane except, among other exceptions, to prepare for a turn within a distance of 200 feet from the intersection.
This bill would clarify that the turn is a right turn and would only allow the right turn if the right turn is from an exclusive right-turn lane. The bill would define bicycle lane for these purposes to mean a Class I, II, or IV bikeway, as defined.
(4) Existing law prohibits the placement or parking of any bicycle, vehicle, or any other object upon a Class I bikeway, as defined, that impedes the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law. A violation of the Vehicle Code is an infraction.
This bill would prohibit the placement and parking of any bicycle or vehicle on Class II and IV bikeways, as defined and excepted.
By expanding the scope of an infraction, this bill would create a state-mandated local program.
(5) Upon the first placement or replacement of a traffic-actuated signal, as specified, existing law requires the traffic-actuated signal to be installed and maintained to detect bicycle or motorcycle traffic on the roadway. Existing law requires cities, counties, and cities and counties to comply with this provision when the Department of Transportation has established uniform standards, specifications, and guidelines for the detection of bicycles and motorcycles by traffic-actuated signals and related signal timing. Existing law requires a traffic-actuated signal to be installed and maintained to have a leading pedestrian interval, and to include the installation, activation, and maintenance of an accessible pedestrian signal and detector, upon the first placement or replacement of a state-owned or -operated traffic-actuated signal.
This bill would require these requirements to be met by January 1, 2030. Additionally, the bill would no longer make compliance by cities, counties, and cities and counties contingent upon the department establishing standards, specifications, and guidelines. The bill would prohibit official traffic control signals from being timed to pedestrian control signals, as defined. The bill would require traffic signal synchronization be implemented with all road users’ safety in mind, not just cars, and not induce driving above the posted speed limit.
By requiring local jurisdiction to update their traffic-actuated signals, this bill would create a state-mandated local program.
(6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1803.5 is added to the Streets and Highways Code, to read:

1803.5.
 (a) Notwithstanding Section 22500 of the Vehicle Code, beginning on January 1, 2025, where there is not already a dedicated and marked right-turn lane or travel lane within 20 feet of a marked or unmarked crosswalk, a right-turn or travel lane shall not be added within 20 feet of a marked or unmarked crosswalk.
(b) Unless the area within 20 feet of a marked or unmarked crosswalk is already marked as a dedicated right-turn lane before January 1, 2025, vehicles shall not use the 20-foot area for right turns.

SEC. 2.

 Section 21209 of the Vehicle Code is amended to read:

21209.
 (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:
(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a right turn within a distance of 200 feet from the intersection. intersection only if the right turn is from an exclusive right-turn lane.
(b) For purposes of this section, “bicycle lane” means a Class I, II, or IV bikeway, as defined in Section 890.4 of the Streets and Highways Code.

(b)

(c) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.

SEC. 3.

 Section 21211 of the Vehicle Code is amended to read:

21211.
 (a) No person may stop, stand, sit, or loiter upon any class Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.
(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), Class I, II, or IV bikeway, as defined in Section 890.4 of the Streets and Highways Code, which impedes or blocks the normal and reasonable movement of any bicyclist unless bicyclist, except in either of the following circumstances: the
(1) The placement or parking is necessary for safe operation or is otherwise in compliance with the law.
(2) The loading or unloading of a commercial vehicle within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present pursuant to Section 22500.
(c) This section does not apply to drivers or owners of utility or public utility vehicles, as provided in Section 22512.
(d) This section does not apply to owners or drivers of vehicles who make brief stops while engaged in the delivery of newspapers to customers along the person’s route.
(e) This section does not apply to the driver or owner of a rubbish or garbage truck while actually engaged in the collection of rubbish or garbage within a business or residence district if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously.
(f) This section does not apply to the driver or owner of a tow vehicle while actually engaged in the towing of a vehicle if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously.

SEC. 4.

 Section 21450.5 of the Vehicle Code is amended to read:

21450.5.
 (a) A traffic-actuated signal is an official traffic control signal, as specified in Section 445, that displays one or more of its indications in response to the presence of traffic detected by mechanical, visual, electrical, or other means.
(b) Upon the first placement of a traffic-actuated signal or replacement of the loop detector of a traffic-actuated signal, the traffic-actuated signal shall, to the extent feasible and in conformance with professional traffic engineering practice, be installed and maintained to detect lawful bicycle or motorcycle traffic on the roadway.
(c) Cities, counties, and cities and counties shall not be required to comply with the provisions contained in subdivision (b) until the Department of Transportation, in consultation with these entities, has established uniform standards, specifications, and guidelines for the detection of bicycles and motorcycles by traffic-actuated signals and related signal timing. (b).
(d) (1) Upon the first placement or replacement of a state-owned or operated traffic-actuated signal, a traffic-actuated signal shall be installed and maintained to have a leading pedestrian interval, and shall include the installation, activation, and maintenance of an accessible pedestrian signal and detector that complies with sections 4E.08 to 4E.13 of the California Manual on Uniform Traffic Control Devices in effect on December 31, 2022.
(2) An existing state-owned or operated traffic-actuated signal capable of being implemented with remote installation or in-person programming shall have a leading pedestrian interval programmed when maintenance work is done on the intersection in which the traffic-actuated signal is located, if the traffic-actuated signal is in any of the following areas:
(A) A residential district.
(B) A business district.
(C) A business activity district.
(D) A safety corridor.
(E) A school zone.
(F) An area with a high concentration of pedestrians and cyclists, as determined by the Department of Transportation pursuant to Section 22358.7.
(3) The requirements in paragraphs (1) and (2) do not apply when prohibited by the California Manual on Uniform Traffic Control Devices.
(4) As used in this subdivision, a “leading pedestrian interval” means an official traffic control signal that advances the “WALK” signal for three to seven seconds while the red signal halting traffic continues to be displayed on parallel through or turning traffic.
(5) As used in this subdivision, an “accessible pedestrian signal and detector” means an integrated device that communicates information about the “WALK” and “DON’T WALK” intervals at signalized intersections in nonvisual formats, including audible tones, speech messages, and vibrotactile surfaces, to pedestrians who are blind or have low vision.
(e) Official traffic control signals shall not be timed to pedestrian control signals. As used in this subdivision, “timed” means an official traffic control signal that advances the “WALK” signal change to “DON’T WALK” simultaneously when the red signal halting traffic changes to the green signal.
(f) Traffic signal synchronization shall be implemented with all road users’ safety in mind, not just cars, and shall not induce driving above the posted speed limit.
(g) The requirements in this section shall be met by January 1, 2030.

SEC. 5.

 Section 22500 of the Vehicle Code is amended to read:

22500.
 A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:
(a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance.
(b) On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers when authorized by the legislative body of a city pursuant to an ordinance.
(c) Between a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb, which sign or paint was erected or placed by local authorities pursuant to an ordinance.
(d) Within 15 feet of the driveway entrance to a fire station. This subdivision does not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle.
(e) (1) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance.
(2) In unincorporated territory, where the entrance of a private road or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as is paved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway.
(f) On a portion of a sidewalk, or with the body of the vehicle extending over a portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches.
(g) Alongside or opposite a street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic.
(h) On the roadway side of a vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unload pupils in a business or residence district where the speed limit is 25 miles per hour or less.
(i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance.
(j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility.
(k) Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility, and except that buses engaged as a common carrier in local transportation may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized by local authorities pursuant to an ordinance, and except that local authorities pursuant to an ordinance or the Department of Transportation pursuant to an order, within their respective jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway. Local authorities, by ordinance or resolution, may permit parking on these bridges on state highways in their respective jurisdictions if the ordinance or resolution is first approved in writing by the Department of Transportation. Parking shall not be permitted unless there are signs in place, as may be necessary, to indicate the provisions of local ordinances or the order of the Department of Transportation.
(l) In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk.
(m) In a portion of a highway that has been designated for the exclusive use of public transit buses.
(n) (1) (A) Within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present.
(B) Notwithstanding subparagraph (A), a local authority may establish a different distance if both of the following requirements are met:
(i) A local authority establishes the different distance by ordinance that includes a finding that the different distance is justified by established traffic safety standards.
(ii) A local authority has marked the different distance at the intersection using paint or a sign.
(2) Notwithstanding paragraph (1), a local authority may permit commercial vehicle loading or unloading within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present if both of the following requirements are met:
(A) A local authority authorizes the commercial vehicle loading and unloading by ordinance and identifies the crosswalk or crosswalks in the ordinance.
(B) A local authority has marked the commercial loading and unloading areas with paint or signage.
(3) Notwithstanding paragraph (1), a local authority may permit either of the following: parking
(A) Parking for bicycles or motorized scooters within 20 feet of a crosswalk.
(B) The installation of a bicycle lane within 20 feet of a crosswalk.
(4) Prior to January 1, 2025, jurisdictions may only issue a warning, and shall not issue a citation, for a violation unless the violation occurs in an area marked using paint or a sign.
(o) (1) on a median.
(2) For purposes of this subdivision, “median” means the portion of a highway separating opposing directions of the traveled way or the area between two roadways of a divided highway measured from edge of traveled way to edge of traveled way. The median excludes turn lanes.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.