Assembly Bill No. 2147
CHAPTER 957
An act to amend Sections 21451, 21452, 21453, 21456, 21461.5, 21462, 21950, 21953, 21954, 21955, 21956, 21961, and 21966 of, and to add and repeal Section 21949.5 of, the Vehicle Code, relating to pedestrians. [Approved by Governor September 30, 2022. Filed with
Secretary of State September 30, 2022.]
legislative counsel’s digest
AB 2147, Ting. Pedestrians.
Existing la w imposes v arious duties relating to the rules of the road, including, b ut not limited to, traffic signs, symbols, and markings, and pedestrians’ rights and duties. Existing la w prohibits pedestrians from entering roadways and crosswalks, except under specified circumstances.
Under existing law, a violation of these provisions is an infraction. Existing law establishes procedures for peace officers to make arrests for violations of the Vehicle Code without a w arrant for of fenses committed in their presence, as specified.
This bill w ould prohibit a peace officer , as defined, from stopping a pedestrian for specified traffic infractions unless a reasonably careful person would realize there is an immediate danger of collision with a mo ving vehicle or other device moving exclusively by human power. The bill would require the Commissioner of the California Highway Patrol, in consultation with the Institute of Transportation Studies at the University of California, to submit a report to the Legislature on or before January 1, 2028, regarding statewide pedestrian-related traffic crash data and an y associated impacts to traffic safety, including an e valuation of whether and ho w the changes made by this bill have impacted pedestrian safety.
This bill would incorporate additional changes to Section 21456 of the Vehicle Code proposed by AB 1909 to be operative only if this bill and AB 1909 are enacted and this bill is enacted last.
The people of the State of California do enact as follows:
SECTION 1. Section 21451 of the Vehicle Code is amended to read:
21451. (a) A driver facing a circular green signal shall proceed straight through or turn right or left or make a U-turn unless a sign prohibits a U-turn.
Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk. (b) A driver facing a green arrow signal, shown alone or in combination with another indication, shall enter the intersection only to mak e the
94 movement indicated by that green arro w or an y other mo vement that is permitted by other indications sho wn at the same time. A driver facing a left green arro w may also mak e a U-turn unless prohibited by a sign. A driver shall yield the right-of-way to other traffic and to a pedestrian lawfully within the intersection or an adjacent crosswalk.
(c) A pedestrian facing a circular green signal, unless prohibited by sign or otherwise directed by a pedestrian control signal as provided in Section 21456, may proceed across the roadw ay within any marked or unmarked crosswalk, but shall yield the right-of-w ay to vehicles lawfully within the intersection at the time that signal is first shown.
(d) A pedestrian f acing a green arro w turn signal, unless otherwise directed by a pedestrian control signal as provided in Section 21456, shall not enter the roadway.
(e) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (c) or (d) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power. (2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 2. Section 21452 of the Vehicle Code is amended to read:
21452. (a) A driver facing a steady circular yello w or yello w 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 pro vided in Section 21456, is, by that signal, w arned that there is insufficient time to cross the roadway and shall not enter the roadway.
(c) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (b) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 3. Section 21453 of the Vehicle Code is amended to read:
21453. (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is sho wn, except as provided in subdivision (b).
(b) Except when a sign is in place prohibiting a turn, a dri ver, after stopping as required by subdivision (a), facing a steady circular red signal, 94 — 2 — Ch. 957
may turn right, or turn left from a one-w ay street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the dri ver, and shall continue to yield the right-of-w ay to that vehicle until the driver can proceed with reasonable safety.
(c) A dri ver f acing a steady red arro w signal shall not enter the intersection to mak e the mo vement indicated by the arro w and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly mark ed limit line, b ut if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.
(d) Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian f acing a steady circular red or red arro w signal shall not enter the roadway.
(e) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (d) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 4. Section 21456 of the Vehicle Code is amended to read:
21456. (a) If a pedestrian control signal sho wing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:
(1) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadw ay in the direction of the signal, b ut shall yield the right-of-w ay to v ehicles la wfully within the intersection at the time that signal is first shown.
(2) A flashing “DON’T WALK” or “W AIT” or appro ved “Upraised Hand” symbol with a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal b ut must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends. (3) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdo wn” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “W ALK” or appro ved “Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while 94 Ch. 957 — 3 —
the steady “W AIT” or “DON’T WALK” or appro ved “Upraised Hand” symbol is showing.
(b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person w ould realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 4.5. Section 21456 of the Vehicle Code is amended to read:
21456. (a) If a pedestrian control signal sho wing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:
(1) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadw ay in the direction of the signal, b ut shall yield the right-of-w ay to v ehicles la wfully within the intersection at the time that signal is first shown.
(2) A flashing “DON’T WALK” or “W AIT” or appro ved “Upraised Hand” symbol with a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal, but must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends. (3) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdo wn” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “W ALK” or appro ved “Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the steady “W AIT” or “DON’T WALK” or appro ved “Upraised Hand” symbol is showing.
(b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person w ould realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway. (c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4.6. Section 21456 is added to the Vehicle Code, to read:
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21456. (a) If a pedestrian control signal sho wing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:
(1) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadw ay in the direction of the signal, b ut shall yield the right-of-w ay to v ehicles la wfully within the intersection at the time that signal is first shown. Except as otherwise directed by a bicycle control signal described in Section 21456.3, the operator of a bicycle facing a pedestrian control signal displaying a “WALK” or approved “Walking Person” symbol may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to any vehicles or pedestrians lawfully within the intersection.
(2) A flashing “DON’T WALK” or “W AIT” or appro ved “Upraised Hand” symbol with a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal, but must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends. (3) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdo wn” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “W ALK” or appro ved “Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the steady “W AIT” or “DON’T WALK” or appro ved “Upraised Hand” symbol is showing.
(b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person w ould realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway. (c) This section shall become operative on January 1, 2024.
SEC. 5. Section 21461.5 of the Vehicle Code is amended to read:
21461.5. (a) It shall be unlawful for any pedestrian to fail to obey any sign or signal erected or maintained to indicate or carry out the pro visions of this code or any local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey any device erected or maintained pursuant to Section 21352.
(b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would 94 Ch. 957 — 5 —
realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 6. Section 21462 of the Vehicle Code is amended to read:
21462. (a) The driver of a vehicle, the person in char ge of an animal, a pedestrian, and the motorist of a streetcar shall obe y the instructions of an official traffic signal applicable to them 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.
(b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 7. Section 21949.5 is added to the Vehicle Code, to read:
21949.5. (a) On or before January 1, 2028, the Commissioner of the California Highw ay P atrol, in consultation with the Institute of Transportation Studies at the University of California, shall submit a report to the Legislature regarding statewide pedestrian-related traffic crash data and an y associated impacts to traffic safety , including an e valuation of whether and ho w the changes made to this chapter and Article 3 (commencing with Section 21450) of Chapter 2 by the act that added this section have impacted pedestrian safety.
(b) (1) A report to be submitted pursuant to subdi vision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2032.
SEC. 8. Section 21950 of the Vehicle Code is amended to read:
21950. (a) The dri ver of a v ehicle shall yield the right-of-w ay to a pedestrian crossing the roadw ay within an y marked crosswalk or within any unmarked crosswalk at an intersection, e xcept as otherwise pro vided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for their safety. No pedestrian may suddenly leave a curb or other place of safety and w alk or run into the path of a v ehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed 94 — 6 — Ch. 957
of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian. (d) Subdivision (b) does not relie ve a driver of a vehicle from the duty of exercising due care for the safety of an y pedestrian within an y marked crosswalk or within any unmarked crosswalk at an intersection. (e) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person w ould realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 9. Section 21953 of the Vehicle Code is amended to read:
21953. (a) Whenever any pedestrian crosses a roadw ay other than by means of a pedestrian tunnel or overhead pedestrian crossing, if a pedestrian tunnel or overhead crossing serves the place where the pedestrian is crossing the roadway, such pedestrian shall yield the right-of-way to all vehicles on the highway so near as to constitute an immediate hazard. (b) This section shall not be construed to mean that a marked crosswalk, with or without a signal device, cannot be installed where a pedestrian tunnel or overhead crossing exists.
(c) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 10. Section 21954 of the Vehicle Code is amended to read:
21954. (a) Every pedestrian upon a roadw ay at an y point other than within a mark ed crossw alk or within an unmark ed crossw alk at an intersection shall yield the right-of-w ay to all v ehicles upon the roadw ay so near as to constitute an immediate hazard.
(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to e xercise due care for the safety of an y pedestrian upon a roadway.
(c) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
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(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 11. Section 21955 of the Vehicle Code is amended to read:
21955. (a) 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.
(b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 12. Section 21956 of the Vehicle Code is amended to read:
21956. (a) A pedestrian shall not w alk upon a roadw ay outside of a business or residence district otherwise than close to the pedestrian’ s left-hand edge of the roadway.
(b) A pedestrian may walk close to their 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.
(c) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of this section unless a reasonably careful person w ould realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 13. Section 21961 of the Vehicle Code is amended to read:
21961. (a) This chapter does not prevent local authorities from adopting ordinances prohibiting pedestrians from crossing roadw ays at other than crosswalks.
(b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of an ordinance adopted by a local authority pursuant to this section, unless a reasonably careful person w ould realize there is an immediate danger of a collision with a mo ving v ehicle or other de vice moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 14. Section 21966 of the Vehicle Code is amended to read:
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21966. (a) A pedestrian shall not proceed along a bic ycle path or lane where there is an adjacent adequate pedestrian facility. (b) (1) A peace officer , as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would realize there is an immediate danger of a collision with a mo ving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdi vision does not relie ve a bic yclist from the duty of exercising due care for the safety of any pedestrian within the roadway.
SEC. 15. Sections 4.5 and 4.6 of this bill incorporate amendments to Section 21456 of the Vehicle Code proposed by both this bill and Assembly Bill 1909. Those sections of this bill shall only become operative if (1) both bills are enacted and become ef fective on or before January 1, 2023, (2) each bill amends Section 21456 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1909, in which case Section 4 of this bill shall not become operative.
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