Assembly Bill No. 43
Summary of the Bill – Speed Limit Revisions and Expansions
1. Expanded Consideration in Engineering and Traffic Surveys Local authorities are already allowed to consider pedestrian and bicyclist safety in engineering and traffic surveys.
New provision: Authorities may specifically consider the safety of vulnerable pedestrian groups (e.g., children, seniors, people with disabilities, the unhoused).
2. State Highways in Business or Residence Districts
Current law sets a 25-mph prima facie speed limit in business or residence districts (excluding state highways).
New provision: Extends the 25-mph limit to state highways in business or residence districts. The bill authorizes Caltrans to adjust these limits and post signage accordingly.
3. Expanded Low-Speed Options for Highways
Currently, Caltrans and local authorities can lower highway speed limits (from 65 mph) to as low as 25-mph.
New provision: Allows reductions to 20 or 15 mph in specified areas.
4. Speed Limits Near Business Activity Districts (Without Survey) Similar to school zones, local authorities may lower speed limits near business activity districts without a new traffic survey if certain conditions are met. Warning citations only for the first 30 days of enforcement.
5. Speed Limit Reductions and Online Adjudication Tool
Beginning June 30, 2024, or once the Judicial Council launches an online infraction adjudication tool, local authorities may:
o Further reduce speed limits in accordance with new guidelines. o Issue only warning citations for the first 30 days of any new limit. Caltrans must revise the California Manual on Uniform Traffic Control Devices to align with these changes.
6. Speed Trap Rules – Extension and Exemptions
Current law invalidates speed enforcement on roads without an up-to-date survey (past 7 years), unless evaluated by a registered engineer (good for 10 years). New provision:
o Extends this enforceable period from 10 to 14 years with a registered engineer's evaluation.
o Exempts “senior zones” and “business activity districts” from certain speed trap rules—similar to existing exemptions for school zones.
Assembly Bill No. 43
Amended CVC Sections
CALIFORNIA VEHICLE CODE AMENDED SECTIONS
Section 627 of the Vehicle Code is amended to read:
Definition and Requirements for an Engineering and Traffic Survey (E&TS)
(a) Definition:
An Engineering and Traffic Survey is a study of highway and traffic conditions conducted in accordance with procedures established by the Department of Transportation (Caltrans) for use by state and local authorities.
(b) Required Elements:
An E&TS must include the following components:
1. Prevailing speeds, measured using standard traffic engineering methods.
2. Accident history on the roadway.
3. Highway, traffic, and roadside conditions that may not be readily apparent to drivers (e.g., hidden driveways, sight distance issues).
(c) Additional Factors Local Authorities May Consider:
Local authorities may also factor in the following, in addition to the required elements:
1. Residential Density, if outside of a business district, based on:
(A) One side of the highway: 13+ separate dwellings or businesses within ¼ mile. (B) Both sides of the highway: 16+ combined within ¼ mile. (C) A longer stretch of highway with a similar dwelling-to-distance ratio as (A) or (B).
2. Safety of bicyclists and pedestrians, with greater emphasis on vulnerable groups, including:
Children
Seniors
People with disabilities
Users of personal assistive mobility devices
The unhoused
Assembly Bill No. 43
Amended CVC Sections
Section 21400 of the Vehicle Code is amended to read:
Uniform Standards for Traffic Control Devices – California Vehicle Code
(a) Adoption of Standards:
The Department of Transportation (Caltrans) is required to:
Consult with local agencies.
Hold public hearings.
Adopt uniform rules and specifications for all official traffic control devices, including but not limited to:
o Stop signs
o Yield signs
o Speed limit signs
o Railroad warning signs
o Street name signs
o Pavement markings
o Stock crossing signs (per Section 21364)
(b) Work Zone Safety Devices:
After notice and a public hearing, Caltrans must establish specifications for warning signs, lights, and devices used by workers performing activities that interfere with or endanger traffic.
These standards apply to any device placed on a highway to warn of such work.
(c) Restriction on Work Zone Signage:
Only the signs, lights, and devices approved under these standards may be used to warn traffic about highway work. Unauthorized or nonstandard devices are not permitted.
(d) Barrier Markings:
Any control devices or markings installed on traffic barriers on or after January 1, 1984, must comply with Caltrans’ uniform standards and specifications.
Assembly Bill No. 43
Amended CVC Sections
Section 22352 of the Vehicle Code is amended to read:
Prima Facie Speed Limits (Default Limits Unless Changed and Posted)
These speed limits apply unless modified under the California Vehicle Code and clearly posted with appropriate signage:
(a) 15 Miles Per Hour
Applies in the following specific, lower-visibility situations:
1. Railway Grade Crossings
o If, during the last 100 feet of approach, the driver does not have a clear, unobstructed view of 400 feet in both directions along the railway. o Exceptions:
A human flagperson is on duty, or
A clearly visible railway signal is present and not indicating an approaching train.
2. Uncontrolled Intersections
o If, during the last 100 feet of approach, the driver does not have a clear view of 100 feet along all intersecting highways.
o Does not apply if the intersection is controlled by stop signs, yield signs, or traffic signals.
3. Alleys
(b) 25 Miles Per Hour
Applies in more common pedestrian-heavy or residential areas:
1. Business or Residence Districts
o Applies unless changed by local authority or Caltrans, following required procedures.
2. School Zones
o Applies when approaching or passing a school building or grounds next to a highway that is posted with a standard “SCHOOL” warning sign:
When children are arriving, leaving, during school hours, or noon recess. Also applies when school grounds are unfenced and in use by children. “SCHOOL” signs may be placed up to 500 feet from school grounds.
3. Senior Zones
o Applies when passing a senior center or facility used primarily by seniors, located along a non-state highway, and posted with a standard “SENIOR” warning sign. o Local agencies may erect signs after determining the need. o Funding may come from:
The Active Transportation Program
Other grants
Private donations or other available funds
Assembly Bill No. 43
Amended CVC Sections
Section 22354 of the Vehicle Code is amended to read:
Speed Limit Reductions on State Highways – Authority of Caltrans
(a) Conditions for Reduction:
When the Department of Transportation (Caltrans) determines—based on an engineering and traffic survey—that the default 65 mph speed limit is not reasonable or safe on a portion of a state highway, it may:
o Declare a reduced prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, 25, 20, or 15 miles per hour, depending on what is most appropriate for safe and orderly traffic flow.
The reduced speed limit becomes legally effective only after appropriate signage is posted on the highway.
(b) Effective Date:
This authority becomes operative on the date specified in subdivision (c) of Section 22366. (That section typically refers to implementation triggers such as the availability of a statewide traffic infraction adjudication tool.)
Assembly Bill No. 43
Amended CVC Sections
Section 22358 of the Vehicle Code is amended to read:
Local Authority Speed Limit Reductions – Non-State Highways
(a) Authority to Reduce Speed Limits:
When a local authority, based on an engineering and traffic survey, finds that the default 65 mph speed limit is unreasonable or unsafe on a non-state highway, it may:
o By ordinance, set a reduced prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, 25, 20, or 15 miles per hour, depending on what best supports safe and orderly traffic flow.
The new speed limit becomes legally effective only after appropriate signage is erected along the roadway.
(b) Effective Date:
This provision becomes operative on the date specified in subdivision (c) of Section 22366, likely tied to the implementation of the Judicial Council’s statewide online infraction adjudication tool or June 30, 2024, whichever occurs first.
Assembly Bill No. 43
Amended CVC Sections
Section 22358.6 is added to the Vehicle Code, to read:
Speed Limit Rounding Requirements – California Manual on Uniform Traffic Control Devices (CAMUTCD)
Revision Mandate:
The Department of Transportation (Caltrans) must revise—and thereafter maintain—the California Manual on Uniform Traffic Control Devices (CAMUTCD) to reflect the following:
New Speed Limit Rounding Rule:
1. Default Rule – Round to Nearest 5 MPH:
o Speed limits must be rounded to the nearest 5 miles per hour based on the 85th percentile speed of free-flowing traffic, as determined by an engineering and traffic survey.
2. Discretion to Round Down (Instead of Up):
o If the rounding would increase the speed limit, Caltrans or a local authority may instead round down to the next lower 5 mph increment if deemed appropriate for safety.
Additional Local Authority Flexibility:
Local agencies may also further reduce speed limits under the specific provisions of:
o Section 22358.7 – Allows reductions in safety corridors or areas with vulnerable pedestrian populations.
o Section 22358.8 – Permits retention or restoration of a previously established speed limit under specific conditions.
Assembly Bill No. 43
Amended CVC Sections
Section 22358.7 is added to the Vehicle Code, to read:
Reduced Speed Limit Authorization by Local Authorities (Effective by June 30, 2024):
(a) After completing an engineering and traffic survey, a local authority may reduce the speed limit by an additional 5 mph if:
1. The roadway is designated as a safety corridor (not more than 20% of streets may be designated as such).
2. The roadway is adjacent to land or facilities generating high pedestrian or bicyclist traffic—particularly from vulnerable populations (e.g., children, seniors, people with disabilities, or the unhoused).
(b) Definitions to be established in the next update of the California Manual on Uniform Traffic Control Devices:
Safety Corridor: Based on areas with high rates of serious injuries or fatalities, using data such as the Statewide Integrated Traffic Records System. High-Concentration Areas: Based on density, road use type, and presence of bicycle/pedestrian infrastructure.
(c) Local authorities cannot implement these reduced speed limits before June 30, 2024, or until the Judicial Council launches a statewide online tool for handling infraction violations— whichever comes first.
(d) For the first 30 days a new lower speed limit is in effect, only warning citations may be issued for drivers exceeding the limit by 10 mph or less.
Assembly Bill No. 43
Amended CVC Sections
Section 22358.8 is added to the Vehicle Code, to read:
Speed Limit Adjustments by Local Authorities
a. A local authority may retain the current speed limit or restore a previously established speed limit (based on a prior engineering and traffic survey), if:
A new engineering and traffic survey finds the current limit is still too high for safety. A registered engineer confirms that no new general-purpose lanes have been added to the roadway since the prior speed limit was established.
(b) This section does not permit:
Reducing a speed limit by more than 5 mph from the current limit. Lowering the speed limit below the previously established speed limit.
(c) For the first 30 days that a lower speed limit is in effect under this section, only warning citations may be issued for violations where the driver exceeds the speed limit by 10 mph or less.
Assembly Bill No. 43
Amended CVC Sections
Section 22358.9 is added to the Vehicle Code, to read:
Speed Limit Reduction in Business Activity Districts
(a) A local authority may, by ordinance, establish a 25 mph or 20 mph prima facie speed limit on highways contiguous to a business activity district, provided the new speed limit is clearly posted with signage.
Conditions for Reduced Speed Limits:
1. The highway must have no more than four traffic lanes.
2. To set a 25 mph limit: the posted speed before and after the district must be 30 mph or lower.
3. To set a 20 mph limit: the posted speed before and after the district must be 25 mph or lower.
(b) A “business activity district” is defined as a segment of highway and adjacent properties that include downtowns or urban areas zoned for neighborhood-scale commercial use, and meet at least three of the following four criteria:
1. At least 50% of the properties fronting the highway consist of retail or dining uses (including outdoor dining) with direct sidewalk access.
2. On-street parking (parallel, diagonal, or perpendicular).
3. Traffic control devices (signals or stop signs) spaced no more than 600 feet apart.
4. Marked crosswalks not controlled by traffic devices.
(c) This section does not apply to segments where the speed limit has already been reduced under Sections 22358.7 or 22358.8.
(d) For the first 30 days after a lower speed limit under this section takes effect, only warning citations may be issued for violations of 10 mph or less over the limit.
Assembly Bill No. 43
Amended CVC Sections
Section 40802 of the Vehicle Code is amended to read:
Definition and Criteria for "Speed Trap" Under California Law (a) Definition of "Speed Trap"
A "speed trap" is defined in two circumstances:
1. Timed Section of Highway:
o A specific portion of the highway, marked and measured, where the speed of a vehicle is calculated based on the time it takes to travel a known distance.
2. Prima Facie Speed Limit Not Justified by Survey:
o A section of highway with a prima facie speed limit (set by state code or local ordinance) that is not justified by an engineering and traffic survey conducted within the last five years.
o Enforcement of this speed limit uses radar or any other electronic speed- measuring device.
o Exceptions: This does not apply to local streets, roads, school zones, senior zones, or business activity districts.
(b) Definitions of Specific Zones and Streets
Local Street/Road:
o Functionally classified as "local" or provides primary access to residential properties and meets specific criteria (max 40 feet wide, max ½ mile uninterrupted length, and one traffic lane per direction). School Zone:
o Area approaching or passing a school building or grounds with a posted “SCHOOL” warning sign while children are going to or leaving the school. Senior Zone:
o Area approaching or passing a senior center or facility primarily used by seniors, with a posted “SENIOR” warning sign.
Business Activity District:
o Defined section of highway with a posted 25 or 20 mph speed limit under specific criteria in Section 22358.9.
(c) Conditions for Non-Applicability of "Speed Trap" Definition Radar/Laser/Speeding Device Use:
o Radar: The officer must have completed at least 24 hours of approved radar training.
o Laser/Other Devices: Officer must complete additional 2-hour training on these devices.
o Prosecution Requirements:
Prove the officer followed training requirements.
Prove an engineering and traffic survey was conducted (or evaluate if it needs updating).
Assembly Bill No. 43
Amended CVC Sections
Device Calibration: Prove the radar/laser meets National Highway Traffic Safety Administration standards and was calibrated within three years prior to the violation.
Time Limits for Survey Justification:
o The engineering and traffic survey must be conducted within seven (7) years of the violation date, unless:
The survey was conducted more than seven (7) years ago, but a registered engineer confirms no significant changes have occurred (roadway or traffic conditions) for the section. In this case, the survey is valid for 14 years.
Exceptions: This provision does not apply to local streets, roads, school zones, senior zones, or business activity districts.