This report summarizes how Assembly Bill 43 changes the California Vehicle Code and California Manual on Uniform Traffic Control Devices (CAMUTCD). Assembly Bill 43 was signed into law by Governor Newsome in 2021 and it: a) amends Sections 627, 21400, 22352, 22354, 22358, and 40802 of the California Vehicle Code, and b) adds Sections 22358.6, 22358.7, 22358.8, and 22358.9 to the California Vehicle Code. The foundation for these changes was to give local authorities the ability to consider the safety of vulnerable pedestrian groups to establish lower speed limits than what was previously allowed by law. The following identify potential impacts from Assembly Bill 43 and closely reflect the actual legislation:

PRIMA FACIE SPEED LIMIT

Existing law establishes various default speed limits for vehicles upon highways. Local authorities can adjust these default speed limits based upon findings from an engineering and traffic survey. Existing law defines an engineering and traffic survey and prescribes factors that must be included in the survey, including prevailing speeds and road conditions. Local authorities can consider additional factors, including pedestrian and bicyclist safety. Existing law establishes a prima facie speed limit of 25 miles per hour on any highway, other than a state highway, located in any business or residence district. Existing law authorizes a local authority to change the speed limit on any such highway. The new law establishes a prima facie speed limit of 25 miles per hour on state highways located in any business or residence district and authorizes Caltrans to change the speed limit on any such highway.

SPEED LIMIT VALUES

Existing law establishes a speed limit of 65 miles per hour on state highways. Existing law authorizes Caltrans to declare a speed limit on any highway of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour. Existing law authorizes a local authority, on a section of highway, other than a state highway, where the speed limit is 65 miles per hour to declare a lower speed limit. The new law authorizes Caltrans and local authorities to declare a speed limit of 20 or 15 miles per hour on these highways.

SPEED LIMIT IN A BUSINESS ACTIVITY DISTRICT

Existing law authorizes a local authority, without an engineering and traffic survey, to declare a lowered speed limit on portions of highway approaching a school building or school grounds. Existing law limits this authority to sections of highway meeting requirements relating to the number of lanes and the speed limit of the highway before the school zone. The new law authorizes a lowered speed limit on a section of highway contiguous to a business activity district and would require that certain violations be subject to a warning citation, for the first 30 days of implementation.

ADJUSTMENTS TO SPEED LIMIT

Existing law requires Caltrans to provide for the rounding up or down to the nearest 5 miles per hour increment of the 85th percentile speed of free-flowing traffic on a portion of highway as determined by a traffic and engineering survey. Existing law requires the Judicial Council to create and implement an online tool by June 30, 2024, for the adjudication of traffic infractions. The new law authorizes a local authority to further reduce the speed limit and require that certain violations be subject to a warning citation, for the first 30 days of implementation. The new law authorizes the reduction of a speed limit beginning June 30, 2024, or when the Judicial Council has developed an online tool for adjudicating traffic infraction violations, whichever is sooner. Caltrans is required to revise the California Manual on Uniform Traffic Control Devices (MUTCD) according to this new law.

TERM OF A SPEED LIMIT

Existing law defines a speed trap and prohibits evidence of a driver’s speed obtained through a speed trap from being admissible in court in any prosecution against a driver for a speed-related offense. Existing law deems a road where the speed limit is not justified by a traffic and engineering survey conducted within the previous 7 years to be a speed trap, unless the roadway has been evaluated by a registered engineer, in which case the speed limit remains enforceable for a period of 10 years. Existing law exempts a school zone from certain provisions relating to defining a speed trap. The new law extends the period that a speed limit justified by a traffic and engineering survey conducted more the 7 years ago remains valid, for purposes of speed enforcement, if evaluated by a registered engineer, to 14 years. The new law exempts a senior zone and business activity district from those provisions.

Technical Advisory Committee members are encouraged to identify anticipated challenges implementing the new laws. No specific action from the Committee is recommended at this time.