Administrative
Report
N.4., File # 22-4985 Meeting Date: 10/18/2022
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING IMPLEMENTATION OF REDUCED SPEED LIMITS UNDER STATE ASSEMBLY BILL (AB) 43
EXECUTIVE SUMMARY
This item is brought forward in response to the City Council’s Strategic Plan objective to discuss the implementation of reduced speed limits according to the provisions of AB 43, which was approved by the Governor on October 8, 2021. Applicable provisions of the legislation to the City’s authority to determine speed limits include the following changes.
1. Previous law required a local authority, by ordinance, to set the speed limit by 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 an engineering and traffic survey. It also allows the engineer to use engineering judgement (based on roadway collision history, geometrics, user type, and other factors as deemed appropriate by the engineer) to lower the speed by 5 mph from the 85th percentile speed.
AB 43 authorizes a local authority to further reduce the speed limit, as specified in the code, beginning June 30, 2024, or when the Judicial Council has developed an online tool for adjudicating traffic infraction violations, whichever is sooner. Considerations under which further reductions in the speed limit may be taken include those related to residential density and the safety of bicycles and pedestrians with increased consideration for vulnerable pedestrian groups.
2. Previous law authorized a local authority, without an engineering and traffic survey, to declare a lowered speed limit on portions of highway, as specified in the code, approaching a school building or school grounds. Previous law limited this authority to sections of highway meeting specified requirements relating to the number of lanes and the speed limit of the highway before the school zone. AB 43 similarly authorizes a lowered speed limit on a section of highway contiguous to a business activity district, as defined in the code.
3. AB 43 allows the establishment of a prima facie speed limit of 25 or 20 miles per hour on state highways located in any business or residence district and authorizes the Department of Transportation (Caltrans) to change the speed limit on any such highway, as prescribed in the code. Current California Vehicle Code section only allows establishment of a prima facie speed limit of 25 miles per hour on state highways located in any business or residence
N.4., File # 22-4985 Meeting Date: 10/18/2022
speed limit of 25 miles per hour on state highways located in any business or residence district.
4. AB 43 also extends the period that a speed limit justified by a traffic and engineering survey conducted more the 7 years ago to remain valid, for purposes of speed enforcement, if evaluated by a registered engineer, as specified, to 14 years.
BACKGROUND
Data collected over the last few years shows an increasing trend in traffic fatalities in California and nationally. These trends are largely believed to be caused by speeding. In response to those trends California legislators passed AB 43, which amends the State Vehicle Code to give Caltrans and local authorities more tools to set speed limits on highways and in residential and business districts. The new law allows local governments the leeway to lower speed limits on roads in business and residential areas and other stretches identified as “safety corridors” without following the “85th percentile” rule mandated by state law.
The 85th percentile speed is the speed at which 85 percent of the drivers are driving at or below.
Under the “85th percentile” rule, posted speed limits may not be set until traffic engineers survey a road to determine the speed at which 85 percent of cars using that road travel. That speed, rounded to the nearest five mile per hour increment, is set as the basis for setting the speed limit. The engineer may exercise a one-time option to lower that rounded number by another five miles per hour based on engineering judgement. Caltrans calls the 85th percentile rule “the single most influential indicator of what is safe and reasonable” when it comes to determining safe driving speeds.
However, it is argued that the rule has often caused governments to raise speed limits on roads throughout the state. Furthermore, pedestrian and cycling interest groups are arguing that a “streets for all” approach requires that more than empirical vehicle speeds be considered when setting vehicle speed limits. AB 43 allows city governments to further reduce speed limits to as low as 20 mph in designated “safety corridors,” a measure designed specifically to reduce traffic fatalities among pedestrians.
AB 43 took effect on January 1, 2022, but cities are unable to enforce lower speed limits under the new laws until state officials create the necessary procedures to justify the lower speeds for a specific location and an online portal to aid in the adjudication of the law. State officials have until June 30, 2024, after which cities will be able to enforce lower speeds, presumably under current procedures.
The City is currently performing engineering and traffic surveys on thirty-six street segments (see the attached list) to continue their enforceability. Staff anticipates a small portion of these may result in an 85th percentile speed that requires the City to consider an increase to the current posted speed limit. For the street segments where that is not the case, staff anticipates filing the new engineering and traffic surveys approved by the engineer with the Superior Court in Torrance to allow for continued enforcement. However, if the engineering and traffic survey for a street segment indicates a higher speed limit should be considered, staff will bring the item to the City Council for consideration of a potential ordinance change per state requirements.
Staff will continue to monitor the state’s development of the necessary procedures and online portal that will allow the City to act on the new law.
N.4., File # 22-4985 Meeting Date: 10/18/2022
COORDINATION
Coordination of this report has been completed by the Public Works Department in consultation with the Police Department.
FISCAL IMPACT
There is no direct cost associated with the preparation of this report.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· List - Street Segments included in the Redondo Beach Speed Survey