New California traffic safety bills would allow cities to lower speed limits, close streets for recreation, decriminalize jaywalking, more

September 22, 2021 | 12:27 pm


Our roadways will perhaps be a little safer after California lawmakers passed several bills recently that make safety on our roadways for drivers, pedestrians, passengers, and bicyclists a priority.

Five bills in particular now await a signature from Gov. Gavin Newsom to become laws. You can learn more about each one of the new California traffic safety bills below.

“We all want to know we’ll make it home safe when we hit the road, whether it’s on foot, bicycle, or in a vehicle,” said David Cohn, managing partner at Chain | Cohn | Stiles. “We hope these bills and potential laws make our streets a little safer for all.”

 

AB 43 – SPEED LIMIT REFORM

This bill gives California cities more control to set speeds based on safety. Currently, the state largely has authority over speed limits and sets them based on the movement speed of 85% of traffic on any given street. AB 43 would allow cities to reduce speeds by increments of 5 mph by letting local officials factor the safety of pedestrians and cyclists when conducting the speed traffic surveys California uses to determine streets’ speed limits. The bill requires that cities take into account the presence of vulnerable groups, including children, seniors, the unhoused and persons with disabilities when setting speed limits, and would permit cities to reduce speed limits on streets with a track record of traffic safety issues, including school zones, according to Natural Resources Defense Council.

 

AB 1238 – JAYWALKING REFORM

This bill would eliminate fines for crossing the street outside of a crosswalk, better known as jaywalking. It follows other states striking jaywalking as a primary offense in which police can no longer stop pedestrians specifically for jaywalking. The crime of jaywalking historically has often a pretext to stop and search people of color. Data from the California Racial and Identity Profiling Act shows Black people in California are over five times more likely to be stopped for a walking infraction than white people. AB 1238 still requires pedestrians to use due care for their safety and the safety of other road users, and those who cross the street when it’s not safe can still be cited. The bill merely decriminalizes safe crossing when there is no immediate hazard. It would be a pilot through 2028, and law enforcement will collect data on pedestrian-involved crashes until then.

 

AB 773 – CITY ‘SLOW STREETS’

The goal of this bill is to make it easier for cities to make the “slow streets” created during the COVID-19 pandemic permanent, and turn streets into safe outdoor spaces for transportation and recreation. Several cities during the COVID crisis have instituted local variations of “slow streets” programs, including barricades to slow traffic or prohibit cut-through traffic to create safe places for people to exercise, recreate, move or just be outside. AB 773 adds more to those specific circumstances under which a street closure is allowed, and could allow one to be permanent if cities determine “that closure or traffic restriction is necessary for the safety and protection of persons using the closed or restricted portion of the street.” In short, it would make it easier for cities to lower speed limits and even do permanent closure of local streets if the closure would make streets safer for pedestrians, bicyclists, and other non-motorized road users.

 

AB 122 – BIKES YIELD

This bill allows cyclists to treat stop signs as yield signs when it’s safe to do so. In fact, AB 122 would specifically require people riding bicycles to yield at stops signs if the intersection is clear. This practice, though extremely common, has been technically illegal. Other vehicles would have to yield the right of way to the bicyclist if they had already yielded. Traffic officers would still be allowed to cite people biking if they blow through stop signs in a way that endangers others.

“Research and common sense make clear that complete stops at all stop sign-controlled intersections make bike trips slower and require more energy from the rider,” stated author Assemblyman Boerner Horvath of Encinitas. “Studies on cyclists’ stopping behavior also find that these full stops do nothing to improve, and can even reduce, rider safety — attributed mainly to the increased time cyclists spend in the intersection after a full stop compared to the safe yielding alternative.”

AB 122 would only be a six year pilot program with an end date of Jan. 1, 2028 with a report on the program due that year and would also not affect driver liability if there is an accident.

 

AB 917 – AUTOMATED BUS LANE ENFORCEMENT

This bill would allow buses to install cameras that can take and use images of bus-lane and parking violations to enforce them. This is building on a program already in place in San Francisco County. AB 917 argues that drivers who park in bus lanes delay essential workers who take transit. And blocked up bus lanes cost transit agencies money by keeping bus drivers tied up in traffic, which drains local and state transit funding. Transit agencies will have to broadly announce a new bus lane enforcement program and only issue warnings for 60 days. Consistent automated enforcement will keep bus lanes free of parkers in a way that doesn’t create unnecessary interactions between law enforcement and the public, according to authors.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form, text, or chat with us at chainlaw.com.

‘U Drive U Text U Pay’: Officials cracking down on dangerous distracted driving

October 7, 2020 | 10:05 am


At any given moment across the United States, about 660,000 drivers are using electronic devices while driving, according to the National Highway Traffic Safety Administration. And on a typical day, more than 700 people are injured in distracted driving crashes. Even more, nearly 3,000 people are killed and an estimated 400,000 are injured in motor vehicle crashes involving distracted drivers.

Simply, distracted driving has become a deadly epidemic on America’s roadways because distracted drivers aren’t just a threat to themselves, they’re a danger to everyone else on the road.

Chain | Cohn | Stiles is joining national distracted driving efforts focusing on ways to change the behavior of drivers through legislation, enforcement, public awareness, and education.

“Talking on a phone, even while using a hands-free device, or texting or using an infotainment system in your vehicle diverts your attention away from driving,” said Chain | Cohn | Stiles managing partner and attorney David Cohn. “Please focus on the road, and just drive.”

Locally, Bakersfield Police Department is stepping up patrols in search of distracted drivers in support of the NHTSA’s “U Drive U Text U Pay” enforcement campaign, according to the department. BPD is joining other law enforcement agencies across California in increase enforcement of distracted driving laws. In particular, officers will be looking out for drivers who break the state’s hands-free cellphone law.

Distracted driving is especially dangerous for younger drivers. In fact, drivers 15 to 19 years old are involved in more fatal crashes involving distractions than any other age group. To help, Chain | Cohn | Stiles recently awarded 11 drivers education scholarships as part of the new “Guided Partners in Safety (GPS) Scholarship” program aimed to help pay for student driver’s education training, while keeping safety at the forefront.

California law prohibits all motorists from using a cellphone while driving, except when used in hands-free mode. A first offense results in a $20 fine, and for a second or subsequent offense, the fine is $50. For violations that occur on or after July 1, 2021, the DMV will assess one point if the violation was within 36 months of a prior conviction. Emergency service professionals are exempt from the cellphone ban while operating an authorized emergency vehicle.

Here’s what you can do to eliminate distracted driving from your travels (courtesy of AARP).

  • Unplug: Keep your cell phone on silent and where you can’t see it light up for every notification you receive. If a phone call or text message is really important, it’s best to pull over into a safe location before using your phone.
  • Refuel: Drowsy driving is distracted driving, so never drive when you’re too tired.
  • Focus: When you’re behind the wheel, pay attention to what’s happening all around your vehicle. Frequently scan your mirrors and watch your speed.
  • Secure your cargo: Prevent loose items in your car from startling you in the event of sudden braking by securing your cargo. Also, never place smaller items on your lap or on the floor near the driver-side foot pedals.

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New year, new laws for California drivers, police, bicyclist, and more

January 1, 2020 | 6:00 am


The New Year brings new laws to California.

For 2020, several new laws will affect roadway safety starting Jan. 1, including increased distracted driving penalties, peace officer use of deadly force, bicycle turning movements at intersections, wildlife salvage permits, and motor carrier permit rules. The following laws are relevant for Chain | Cohn | Stiles legal practices, as the law firm handles accident and injury cases.

  • Traffic control devices for bicycles (AB 1266): This new law allows bicycles to travel straight through a right or left-hand turn-only lane while at an intersection, if an official traffic control device indicates the movement is permitted. The California Department of Transportation would be required to develop standards to implement the provisions.
  • License points for distracted driving (AB 47): Current law prohibits a person from driving a motor vehicle while using a wireless telephone in a handheld manner; if found in violation, the offense is punishable by a fine. A new law will levy an additional penalty on a driver found in violation of California’s hands-free law: a point will be added on to a driver’s record for each hands-free violation occurring within 36 months of a prior conviction for the same offense.
  • Peace officer use of deadly force (AB 392): This new law revises the standards for use of deadly force by peace officers. The use of deadly force by a peace officer is justifiable when the officer reasonably believes it is necessary, amending the reasonable force standard to “objectively reasonable force.”
  • Law enforcement training (SB 230): This new law requires law enforcement agencies to rewrite use of force policy and provide mandatory training to all peace officers in order to comply with the new law.
  • Cannabis and passenger vehicles (AB 1810): California law will now prohibit the consumption of cannabis, in any manner, by passengers in a bus, taxicab, pedicab, limousine, housecars, or camper. This exemption is now only applicable to alcoholic beverages consumed by passengers in these types of vehicles.

Besides these traffic laws above, you should be aware of several other new laws in 2020 affecting the workplace, your privacy, animals, schools, and the criminal justice system.

WORKPLACE

  • Minimum wage (SB 3): The minimum wage in California goes up by one dollar to $12 an hour for workers at companies with 25 or fewer employees and to $13 an hour for workers at larger companies.
  • Hairstyles (SB 188): California becomes the first state to ban workplace and school discrimination based on a person’s natural hairstyle or hair texture. Protected hairstyles include braids, twists and locks.
  • Lactation accommodations (SB 142): This new law requires companies to provide appropriate lactation accommodations that is close to the employee’s work area, has electrical plugs and is free of intrusion.
  • Sexual harassment (SB 1343): Requires businesses with at least five employees to provide sexual harassment training to its employees within six months of being hired, and every two years after that.
  • Paid family leave (SB 83): New parents will have more time to care for their child. Benefits under Paid Family Leave will increase from six weeks to eight weeks starting on July 1, 2020.

HOUSEHOLDS

  • AB 1482: Rent control: The law limits rent increases to 5 percent each year plus inflation, but never above 10 percent total. The law does not apply to housing built in the 15 years prior. The limit is a rolling number so the date housing is excluded changes every year.
  • AB 652: Religious displays: The law prohibits landlords and homeowner associations from banning the display of religious items on entry doors or door frames. The items cannot be larger than 26 by 12 inches.
  • SB 222: Housing discrimination: This law expands existing law to protect veterans and military personnel against housing discrimination.
  • SB 30: Domestic partners: This law allows heterosexual couples to register as domestic partners instead of getting married. Currently, only heterosexual couples age 62 or older were allowed to register as domestic partners because of social security benefits. The new law could help couples with combined higher incomes avoid the federal marriage tax penalty.

PRIVACY

  • Online privacy (AB 375): The California Consumer Privacy Act (CCPA) gives internet users more control over their data. Among other things, the law gives users the right to know what data is collected, the right to reject the sale of your information and the right to delete your data.

EDUCATION

  • School suspensions (SB 419): The law bans schools from suspending students in grades 4-8 for disrupting school activities or defying teachers and administrators. Students in grades K-3 already have this protection. High school students must wait until 2025 for the same benefit.

CRIMINAL JUSTICE

  • Juvenile hall (SB 439): Minors under 12 who commit non-violent crimes would be released to his or her parent or legal guardian instead of being sent to juvenile hall. The law does not apply to minors who commit murder, rape, or great bodily harm.
  • Human trafficking (SB 970): Operators of motels and hotels in California must provide training to teach its staff how to identify victims of human trafficking.

ANIMALS

  • Dog areas (AB 1762): The California Department of Parks and Recreation has until July 1 to establish a comprehensive list of state parks that allow dogs, including the specific areas that allow dogs and the total miles of trails that are open to dogs.

WILDFIRES

  • Public safety power shutoffs (SB 167): Requires utilities to devise plans on reducing the negative impact of planned power shutoffs to first responders and people with disabilities.
  • Tree trimming (AB 247): Gives the California Public Utilities Commission more oversight over tree trimming efforts by utilities. Power companies would have to submit timely reports on their brush and tree trimming work.
  • Wildfire warning center (SB 209): Establishes a wildfire warning center to broaden the state’s ability to predict and prepare for wildfire. The center would rely on a statewide network of automated weather stations and fire detection cameras.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.